B & L Productions v. Newsom (Del Mar Gloria Bill)

Case Name: B & L Productions, Inc. d/b/a Crossroads of the Wes; Barry Bardack; Ronald J. Diaz, Sr.; John Dupree; Christopher Irick; Robert Solis; Lawrence M. Walsh; Captain Jon’s Lockers, LLC; L.A.X. Firing Range, Inc.; California Rifle & Pistol Association, Incorporated; South Bay Rod and Gun Club, Inc.; and Second Amendment Foundation v. Gavin Newsom, in his official capacity as Governor of the State of California; Robert Bonta, in his official capacity as Attorney General of the State of California; Karen Ross, in her official capacity as Secretary of California Department of Food & Agriculture; Summer Stephan, in her official capacity as District Attorney of San Diego County; Lonnie Eldridge, in his official capacity as County Counsel of San Diego County; and 22nd District Agricultural Association

District Court Case No.: 3:21-CV-01718

Court of Appeals Case No.: 23-55431

 

U.S. Court of Appeals, Ninth Circuit

Filing Date Filing Party Document
3/29/2024 Appellants Appellants’ Notice of Supplemental Authority per 28(j) re: Boland v. Bonta and Renna v. Bonta
3/29/2024 Appellants Appellants’ Notice of Supplemental Authority per 28(j) re: US v. Perez-Garcia
3/6/2024 Court Docket Text: ARGUED AND SUBMITTED TO RICHARD R. CLIFTON, HOLLY A. THOMAS and ROOPALI H. DESAI. The audio and video recordings of this hearing are available on our website at http://www.ca9.uscourts.gov/media/. [12866584] (BG)
3/1/2024 Appellants Appellants’ 28(j) Letter regarding Junior Sports Magazines v. Bonta
2/7/2024 Appellants Docket Text: Filed (ECF) Acknowledgment of hearing notice by Attorney Anna Barvir for Appellants B & L Productions, Inc., Barry Bardack, California Rifle & Pistol Association, Inc., Captain Jon’s Lockers, LLC, Ronald J. Diaz, Sr., John Dupree, Christopher Irick, L.A.X. Firing Range, Inc., Robert Solis, South Bay Rod and Gun Club, Inc. and Lawrence Michael Walsh. Hearing in Pasadena on 03/06/2024 at 9:00 A.M. (Courtroom: 1). Filer sharing argument time: No. (Argument minutes: 20) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 02/07/2024. [12857299] [23-55431] (Barvir, Anna)
2/7/2024 Appellees Docket Text: Filed (ECF) Acknowledgment of hearing notice by Attorney Charles Joseph Sarosy for Appellees 22nd District Agricultural Association, Rob Bonta, Gavin Newsom and Karen Ross. Hearing in Pasadena on 03/06/2024 at 9:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 20) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 02/07/2024. [12857170] [23-55431] (Sarosy, Charles)
12/24/2023 Court Docket Text: Notice of Oral Argument on Wednesday, March 6, 2024 – 09:00 A.M. – Courtroom 1 – Scheduled Location: Pasadena CA.
The hearing time is the local time zone at the scheduled hearing location.View the Oral Argument Calendar for your case here.NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you are expected to appear in person at the Courthouse. If an in person appearance would pose a hardship, you must file a motion for permission to appear remotely by video, using the CM/ECF filing event “Motion for any relief (other than reconsideration or to seal)” and selecting the appropriate relief. Such a motion must be filed within 7 days of this notice, absent exigent circumstances. Everyone appearing in person must review and comply with our Protocols for In Person Hearings, available here. If the panel determines that it will hold oral argument in your case, the Clerk’s Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for a remote appearance that has been approved or directed by the panel.Please note however that if you do file a motion to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to justify that request in your motion and receive explicit permission to do so.Be sure to review the GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible).If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 28 days before Wednesday, March 6, 2024. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12841241]. [23-55431] (KS)
12/22/2023 Court Order consolidating cases
12/4/2023 Appellants Appellants’ Notice of Errata to Reply Brief
12/1/2023 Appellants Appellants’ Reply Brief

Request for Judicial Notice

11/8/2023 Appellants Appellants’ Response to Notice re Availability for Oral Argument
11/3/2023 Appellee Summer Stephan Appellee Summer Stephan’s Response to Notice re Availability for Oral Argument
11/3/2023 Court Docket Text:
This case is being considered for an upcoming oral argument calendar in PasadenaPlease review the Pasadena sitting dates for March 2024 and the subsequent month in that location at http://www.ca9.uscourts.gov/court_sessions. Absent an irreconcilable conflict, the court expects you to appear and argue your case during one of these two months. If you have an irreconcilable conflict on any of the dates, please consult with opposing counsel to propose an alternate date and/or location and file Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument. Please follow the form’s instructions carefully.If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice, using CM/ECF (Type of Document: Correspondence to Court; Subject: request for mediation).You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date.[12819721]. [23-55431] (KS)
10/20/2023 Court Docket Text: Streamlined request [23] by Appellants B & L Productions, Inc., Barry Bardack, California Rifle & Pistol Association, Inc., Captain Jon’s Lockers, LLC, Ronald J. Diaz, Sr., John Dupree, Christopher Irick, L.A.X. Firing Range, Inc., Robert Solis, South Bay Rod and Gun Club, Inc. and Lawrence Michael Walsh to extend time to file the brief is approved FOR ALL APPELLANTS. Amended briefing schedule: the optional reply brief is due 12/01/2023. [12812752] (BG)
10/19/2023 Appellants Docket Text: Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellants B & L Productions, Inc., Barry Bardack, California Rifle & Pistol Association, Inc., Captain Jon’s Lockers, LLC, Ronald J. Diaz, Sr., John Dupree, Christopher Irick, L.A.X. Firing Range, Inc., Robert Solis, South Bay Rod and Gun Club, Inc. and Lawrence Michael Walsh. New requested due date is 12/01/2023. [12812708] [23-55431] (Barvir, Anna)
10/11/2023 Appellees Appellee Summer Stephan’s Joinder to State Appellees’ Answering Brief
10/11/2023 Appellees State Appellees’ Answering Brief
9/6/2023 Appellees Docket Text: Streamlined request [17] by Appellees 22nd District Agricultural Association, Rob Bonta, Gavin Newsom and Karen Ross to extend time to file the brief is approved FOR ALL APPELLEES. Amended briefing schedule: Appellees 22nd District Agricultural Association, Rob Bonta, Does, Lonnie J. Eldridge, Gavin Newsom, Karen Ross and Summer Stephan answering brief due 10/11/2023. The optional reply brief is due 21 days from the date of service of the answering brief. [12787390] (BG)
9/6/2023 Appellees Docket Text: Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Rob Bonta, Gavin Newsom, 22nd District Agricultural Association and Karen Ross. New requested due date is 10/11/2023. [12787341] [23-55431] (Sarosy, Charles)
8/11/2023 Appellants Appellants’ Opening Brief

Excerpts of Record, Index Volume

Excerpts of Record, Volume I of IV

Excerpts of Record, Volume II of IV

Excerpts of Record, Volume III of IV

Excerpts of Record, Volume IV of IV

7/17/2023 Court Order Denying Motion to Stay Appeal
7/12/2023 Court Docket Text: Streamlined request [9] by Appellants B & L Productions, Inc., Barry Bardack, California Rifle & Pistol Association, Inc., Captain Jon’s Lockers, LLC, Ronald J. Diaz, Sr., John Dupree, Christopher Irick, L.A.X. Firing Range, Inc., Robert Solis, South Bay Rod and Gun Club, Inc. and Lawrence Michael Walsh to extend time to file the brief is approved FOR ALL APPELLANTS. Amended briefing schedule: Appellants B & L Productions, Inc., Barry Bardack, California Rifle & Pistol Association, Inc., Captain Jon’s Lockers, LLC, Ronald J. Diaz Sr., John Dupree, Christopher Irick, L.A.X. Firing Range, Inc., Second Amendment Foundation, Robert Solis, South Bay Rod and Gun Club, Inc. and Lawrence Michael Walsh opening brief due 08/11/2023. Appellees 22nd District Agricultural Association, Rob Bonta, Does, Lonnie J. Eldridge, Gavin Newsom, Karen Ross and Summer Stephan answering brief due 09/11/2023. The optional reply brief is due 21 days from the date of service of the answering brief. [12754067] (BG)
7/10/2023 Appellants Docket Text: Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellants B & L Productions, Inc., Barry Bardack, California Rifle & Pistol Association, Inc., Captain Jon’s Lockers, LLC, Ronald J. Diaz, Sr., John Dupree, Christopher Irick, L.A.X. Firing Range, Inc., Robert Solis, South Bay Rod and Gun Club, Inc. and Lawrence Michael Walsh. New requested due date is 08/11/2023. [12751613] [23-55431] (Barvir, Anna)
7/6/2023 Appellees Appellee Summer Stephan’s Notice of Joinder in State Appellees’ Opposition to Motion to Stay Appeal
7/6/2023 Appellees Docket Text: Filed (ECF) notice of appearance of Katie A. Richardson (Office of County Counsel, County of San Diego, 1600 Pacific Highway, Rm. 355, San Diego, CA, 92101) for Appellee Summer Stephan. Date of service: 07/06/2023. (Party was previously proceeding with counsel.) [12749667] [23-55431] (Richardson, Katie)
7/5/2023 Appellees State Defendants’ Response to Motion to Stay Appeal
6/26/2023 Appellants Appellants’ Motion to Stay Appeal
5/18/2023 Court Docket Text: The Mediation Questionnaire for this case was filed on 05/18/2023. To submit pertinent confidential information directly to the Circuit Mediators, please use the following link. Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[12718890]. [23-55431] (AD)
5/18/2023 Appellants Appellants’ Mediation Questionnaire
5/11/2023 Court Docketing Letter and Time Schedule Order

Notice re: Party Listing

Mediation Letter

Case Opening Packet

 

U.S. District Court, Southern District of California

Filing Date Filing Party Document
5/9/2023 Plaintiffs Plaintiffs’ Notice of Appeal
4/11/2023 Court Judgment
3/24/2023 Plaintiffs Notice of Intent Not to Amend Complaint
3/14/2023 Defendants Amended Order Granting Defendants’ Motion to Dismiss First Amended Complaint
3/10/2023 Defendants Order Granting Defendants’ Motion to Dismiss First Amended Complaint
2/24/2023 Plaintiffs Plaintiffs’ Notice re Second Order for Supplemental Briefs in Similar Case
1/17/2023 Plaintiffs Plaintiffs’ Notice re: Order for Supplemental Briefs in Similar Case
12/28/2022 Court Docket Text: ORDER BY JUDGE BATTAGLIA: Motions Submitted [42] MOTION to Dismiss First Amended Complaint. This motion is suitable for determination on the papers and without need for oral argument, pursuant to CivLR 7.1.d.1. Accordingly, no appearances are required and this motion is deemed submitted as of this date.
12/19/2022 Plaintiffs Reply to Opposition to Defendants’ Motion to Dismiss First Amended Complaint

Proof of Service

11/28/2022 Plaintiffs Plaintiffs’ Joint Opposition to Defendants’ Motion to Dismiss First Amended Complaint
10/31/2022 Defendants Defendant Summer Stephan’s Notice of Joinder to State Defendants’ Motion to Dismiss First Amended Complaint
10/31/2022 Defendants Notice of State Defendants’ Motion to Dismiss First Amended Complaint

Memorandum of Points and Authorities

Request for Judicial Notice

Certificate of Service

9/12/2022 Court Order Granting Joint Motion for Extended Briefing Schedule for Motion to Dismiss First Amended Complaint
9/8/2022 Court Notice of Reassignment to Magistrate Judge David D. Leshner
9/8/2022 Plaintiffs Notice of Errata regarding First Amended Complaint
9/8/2022 All Parties Joint Motion for Extended Briefing Schedule for Motion to Dismiss First Amended Complaint

Declaration of Charles J. Sarosy

Proof of Service

8/31/2022 Plaintiffs First Amended Complaint
8/18/2022 Court Order Granting Defendants’ Motion to Dismiss
3/25/2022 Court Docket Text: ORDER BY JUDGE BATTAGLIA, Motions Submitted [17] Dismiss Party, [20] MOTION to Dismiss for Failure to State a Claim. These motions are suitable for determination on the papers and without need for oral argument pursuant to CivLR 7.1.d.1. Accordingly, no appearances are required and these motions are deemed submitted as of this date.
3/17/2022 Defendants County Defendants’ Joinder to State Defendants’ Reply
3/17/2022 Defendants Reply in Support of County Defendants’ Motion to Dismiss
3/17/2022 Defendants Reply in Support of State Defendants’ Motion to Dismiss

State Defendants’ Opposition to Plaintiffs’ Request for Judicial Notice

Proof of Service

2/24/2022 Plaintiffs Joint Opposition to Defendants’ Motions to Dismiss

Request for Judicial Notice

1/28/2022 Court Order Granting Joint Motion to Extend Briefing for Motions to Dismiss
1/27/2022 All Parties Joint Motion to Extend Briefing for Motions to Dismiss

Declaration of Anna M. Barvir

1/25/2022 Court Docket Text: AMENDED ORDER BY JUDGE BATTAGLIA: Setting Briefing Schedule re [17] Dismiss Party, [20] MOTION to Dismiss for Failure to State a Claim: Responses due by 2/7/2022; Replies due by 2/14/2022; sur-replies will not be accepted. Motion Hearing set for 4/7/2022 at 2:00 PM in Courtroom 4A before Judge Anthony J. Battaglia.
1/24/2022 Court Docket Text: ORDER BY JUDGE BATTAGLIA: Setting Briefing Schedule : Responses due by 2/7/2022; Replies due by 2/14/2022; sur-replies will not be accepted. Motion Hearing set for 4/7/2022 at 2:00 PM in Courtroom 4A before Judge Anthony J. Battaglia.
1/24/2022 Defendants County Defendants’ Notice of Joinder to State Defendants’ Motion to Dismiss
1/24/2022 Defendants County Defendants’ Notice of Motion to Dismiss

Memorandum of Points and Authorities

Proof of Service

1/24/2022 Defendants State Defendants’ Notice of Motion to Dismiss

Memorandum of Points and Authorities

Request for Judicial Notice

Proof of Service

12/20/2021 Plaintiffs Proof of Service of Summons and Complaint on Defendant Lonnie Eldridge
12/8/2021 Court Summons for Lonnie Eldridge
11/24/2021 Court Order Extending Time to Respond to Complaint
11/22/2021 All Parties Joint Motion to Extend Time to Respond to Complaint

Declaration of Charles Sarosy 

11/19/2021 Plaintiffs Proof of Service of Summons and Complaint on Defendant Summer Stephan
11/19/2021 Plaintiffs Proof of Service of Summons and Complaint on Defendant 22nd District Agricultural Association
11/16/2021 Plaintiffs Notice of Substitution of Defendant San Diego County Counsel
11/9/2021 Plaintiffs Proof of Service of Summons and Complaint on Defendant Robert Bonta
11/9/2021 Plaintiffs Proof of Service of Summons and Complaint on Defendant Karen Ross
11/9/2021 Plaintiffs Proof of Service of Summons and Complaint on Defendant Gavin Newsom
10/14/2021 Plaintiffs Notice of Appearance of Tiffany D. Cheuvront
10/14/2021 Plaintiffs Notice of Appearance of Alexander A. Frank
10/7/2021 Plaintiffs Notice of Appearance of C.D. Michel
10/5/2021 Court Summons
10/4/2021 Plaintiffs Notice of Related Cases
10/4/2021 Plaintiffs Complaint

Civil Cover Sheet