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McDougall v. County of Ventura
Case Name: Donald McDougall, Juliana Garcia, Second Amendment Foundation, California Gun Rights Foundation, and Firearms Policy Coalition, Inc. v. County of Ventura, Bill Ayub, William T. Foley, Robert Levin, and Ventura County Public Health Care Agency
District Court Case No.: 2:20-cv-02927
Court of Appeal Case No.: 20-56220
| U.S. District Court, Central District |
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| Filing Date | Filing Party | Document Description |
| 9/12/2022 | Plaintiffs | Plaintiffs’ Brief |
| 9/12/2022 | Defendants | Defendants’ Brief |
| 7/12/2022 | Court | Minutes regarding Status Conference regarding Ninth Circuit Opinion |
| 7/6/2022 | Defendants | Notice of Withdrawal of Leroy Smith for Defendants |
| 7/6/2022 | Defendants | Notice of Appearance of Christine Renshaw for Defendants |
| 7/5/2022 | Court | Docket Text: Notice of Electronic Filing re Status Report 63 , USCA Memorandum/Opinion/Order,, 62 e-mailed to Leroy Smith bounced due to 550 5.4.1 Recipient address rejected. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. |
| 6/30/2021 | All Parties | Joint Status Report regarding Status of Appeal |
| U.S. Court of Appeals for the Ninth Circuit |
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| Filing Date | Filing Party | Document Description |
| 6/29/2022 | Court | Order Remanding Case |
| 6/22/2022 | Court | Docket Text: Filed Audio recording of oral argument. Note: Video recordings of public argument calendars are available on the Court’s website, at http://www.ca9.uscourts.gov/media/ |
| 6/22/2022 | Court | Docket Text: ARGUED AND SUBMITTED TO MARY H. MURGUIA, ANDREW J. KLEINFELD, M. MARGARET MCKEOWN, CONSUELO M. CALLAHAN, JACQUELINE H. NGUYEN, ANDREW D. HURWITZ, MICHELLE T. FRIEDLAND, RYAN D. NELSON, ERIC D. MILLER, GABRIEL P. SANCHEZ and HOLLY A. THOMAS. |
| 6/6/2022 | Appellants | Appellants’ Notice of Supplemental Authority re Jones v. Bonta |
| 5/25/2022 | Appellants | Docket Text: Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Raymond Mark DiGuiseppe, Esquire for Appellants California Gun Rights Foundation, Firearms Policy Coalition, Inc., Juliana Garcia, Kelly Ann Chakov McDougall and Second Amendment Foundation. Hearing in Pasadena on 06/22/2022 at 10:00 A.M. (Courtroom: Courtroom 3). Filer sharing argument time: No. (Argument minutes: 30) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 05/25/2022. |
| 5/12/2022 | Appellees | Docket Text: Filed (ECF) Acknowledgment of hearing notice by Attorney Christine Renshaw for Appellees Bill Ayub, County of Ventura, William T. Foley, Robert Levin and Ventura County Public Health Care Agency. Hearing in Pasadena on 06/22/2022 at 10:00 A.M. (Courtroom: 3). Filer sharing argument time: No. (Argument minutes: 30) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 05/12/2022. |
| 5/11/2022 | Court | Docket Text: Notice of Oral Argument on Wednesday, June 22, 2022 – 10:00 A.M. – Scheduled Location: Courtroom 3 – Pasadena CA. The hearing time is the local time zone at the scheduled hearing location, even if the argument is fully remote. 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 may have the option to appear in person at the Courthouse or remotely by video. Check here for updates on the status of reopening as the hearing date approaches. At this time, even when in person hearings resume, an election to appear remotely by video will not require a motion, and any attorney wishing to appear in person must provide proof of vaccination. The court expects and supports the fact that some attorneys and some Judges will continue to appear remotely. 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 remote appearance. Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting 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, June 22, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice. |
| 5/10/2022 | Court | Order regarding En Banc Oral Argument |
| 3/8/2022 | Court | Order regarding En Banc Oral Argument |
| 3/8/2022 | Court | Order Vacating Opinion |
| 2/22/2022 | Court | Order re Vote for Rehearing |
| 1/20/2022 | Court | Opinion |
| 1/20/2022 | Appellants | Docket Text: Appellant Donald McDougall in 20-56220 substituted by Appellant Kelly Ann Chakov McDougall in 20-56220 |
| 10/19/2021 | Court | Docket Text: Filed Audio recording of oral argument. Note: Video recordings of public argument calendars are available on the Court’s website, at http://www.ca9.uscourts.gov/media/ |
| 10/18/2021 | Court | Docket Text: ARGUED AND SUBMITTED TO ANDREW J. KLEINFELD, RYAN D. NELSON and LAWRENCE VANDYKE. |
| 10/7/2021 | Appellants | Motion for Substitution of Party |
| 9/21/2021 | Court | Docket Text: Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Raymond Mark DiGuiseppe, Esquire for Appellants California Gun Rights Foundation, Firearms Policy Coalition, Inc., Juliana Garcia, Donald McDougall and Second Amendment Foundation. Hearing in Pasadena on 10/18/2021 at 09:00 A.M. (Courtroom: Courtroom 3). Filer sharing argument time: No. (Argument minutes: 15.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 09/21/2021. |
| 8/9/2021 | Court | Notice of Related Cases regarding Martinez v. Villanueva |
| 8/9/2021 | Appellees | Docket Text: Filed (ECF) Acknowledgment of hearing notice by Attorney Christine Renshaw for Appellees Bill Ayub, County of Ventura, William T. Foley, Robert Levin and Ventura County Public Health Care Agency. Hearing in Pasadena on 10/18/2021 at 09:00 A.M. (Courtroom: 3). Filer sharing argument time: No. (Argument minutes: 7.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 08/09/2021. |
| 8/8/2021 | Court | Docket Text: Notice of Oral Argument on Monday, October 18, 2021 – 09:00 A.M. – Courtroom 3 – 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 will have the option to appear in person at the Courthouse or remotely by video. At this time, an election to appear remotely by video will not require a motion. The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. 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 remote appearance.Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting 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 21 days before Monday, October 18, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice. |
| 6/8/2021 | Court | Docket Text: This case is being considered for an upcoming oral argument calendar in Pasadena. Please review the Pasadena sitting dates for October 2021 and the 2 subsequent sitting months in that location at http://www.ca9.uscourts.gov/court_sessions. If you have an unavoidable conflict on any of the dates, please 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.When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date.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). |
| 4/26/2021 | Appellants | Appellants’ Reply Brief |
| 4/5/2021 | Court | Docket Text: Added Attorney(s) Christine Renshaw for party(s) Appellee Bill Ayub Appellee Robert Levin Appellee William T. Foley Appellee Ventura County Public Health Care Agency Appellee County of Ventura, in case 20-56220. |
| 4/5/2021 | Appellees | Appellees’ Answering Brief |
| 4/5/2021 | Court | Docket Text: Filed (ECF) notice of appearance of Christine Renshaw (Ventura County Counsel 800 South Victoria Avenue, L/C #1830 Ventura, California 93009) for Appellees Bill Ayub, County of Ventura, William T. Foley, Robert Levin and Ventura County Public Health Care Agency. Date of service: 04/05/2021. (Party was previously proceeding with counsel.) |
| 3/5/2021 | Court | Docket Text: Attorney Jerome Clay in 20-56220 substituted by Attorney Ronda Baldwin-Kennedy in 20-56220 |
| 3/5/2021 | Appellants | Docket Text: Filed (ECF) notice of appearance of Ronda Nadine Baldwin-Kennedy (The Law Office of Ronda Baldwin-Kennedy 5627 Kanan Rd. #614, Agoura Hills, CA, 91301) for Appellant Donald McDougall. Substitution for Attorney Jerome Clay for Appellants California Gun Rights Foundation, Firearms Policy Coalition, Inc., Juliana Garcia, Donald McDougall and Second Amendment Foundation. Date of service: 03/05/2021. |
| 3/4/2021 | Appellants | Appellants’ Opening Brief |
| 3/4/2021 | Court | Docket Text: Added Attorney(s) Joseph Greenlee for party(s) Appellant California Gun Rights Foundation Appellant Donald McDougall Appellant Second Amendment Foundation Appellant Juliana Garcia, in case 20-56220. |
| 3/4/2021 | Court | Docket Text: Added Attorney(s) Joseph Greenlee for party(s) Appellant Firearms Policy Coalition, Inc., in case 20-56220. |
| 3/4/2021 | Appellants | Docket Text: Filed (ECF) notice of appearance of Joseph G.S. Greenlee (Firearms Policy Coalition 1215 K Street, 17th Floor Sacramento, CA 95814) for Appellants California Gun Rights Foundation, Firearms Policy Coalition, Inc., Juliana Garcia, Donald McDougall and Second Amendment Foundation. Date of service: 03/04/2021. (Party was previously proceeding with counsel.) |
| 3/4/2021 | Court | Docket Text: Notice of Appearance (ECF Filing) [11] is rejected. Filer need to update account information. |
| 3/3/2021 | Appellants | Docket Text: Filed (ECF) notice of appearance of Joseph G.S. Greenlee (Firearms Policy Coalition 1215 K Street, 17th Floor Sacramento, CA 95814) for Appellants California Gun Rights Foundation, Firearms Policy Coalition, Inc., Juliana Garcia, Donald McDougall and Second Amendment Foundation. Date of service: 03/03/2021. (Party was previously proceeding with counsel.) |
| 2/24/2021 | Appellants | Transcript Designation Form |
| 2/11/2021 | Court | Order Granting Motion for Extension to File Plaintiffs-Appellants’ Opening Brief |
| 2/11/2021 | Appellants | Unopposed Motion for Extension to File Plaintiffs-Appellants’ Opening Brief |
| 1/14/2021 | Court | Docket Text: Streamlined request [6] by Appellants California Gun Rights Foundation, Firearms Policy Coalition, Inc., Juliana Garcia, Donald McDougall and Second Amendment Foundation to extend time to file the brief is approved. Amended briefing schedule: Appellants California Gun Rights Foundation, Firearms Policy Coalition, Inc., Juliana Garcia, Donald McDougall and Second Amendment Foundation opening brief due 02/18/2021. Appellees Bill Ayub, County of Ventura, William T. Foley, Robert Levin and Ventura County Public Health Care Agency answering brief due 03/22/2021. The optional reply brief is due 21 days from the date of service of the answering brief. |
| 1/14/2021 | Appellants | Docket Text: Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellants California Gun Rights Foundation, Firearms Policy Coalition, Inc., Juliana Garcia, Donald McDougall and Second Amendment Foundation. New requested due date is 02/18/2021. |
| 12/15/2020 | Court | Order Releasing Case from Mediation |
| 12/1/2020 | Court | Mediation Order |
| 11/27/2020 | Court | Docket Text: The Mediation Questionnaire for this case was filed on 11/27/2020.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. |
| 11/27/2020 | Appellants | Mediation Questionnaire |
| 11/19/2020 | Court | Ninth Circuit Time Schedule Order |
| U.S. District Court, Central District |
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| Filing Date | Filing Party | Document Description |
| 4/26/2021 | Court | Order Setting Status Conference regarding 9th Circuit Opinion |
| 2/24/2021 | Plaintiffs | Transcript Designation Form |
| 11/19/2020 | Plaintiffs | Notice of Appeal |
| 10/21/2020 | Court | Judgment Dismissing Case with Prejudice |
| 10/21/2020 | Court | Order regarding Motion to Dismiss |
| 9/18/2020 | Defendants | Notice of Appearance of Attorney Emily T. Gardner |
| 9/18/2020 | Defendants | Notice of Withdrawal of Attorney Charmaine H. Buehner |
| 9/17/2020 | Court | Order Taking Defendants’ Motion to Dismiss First Amended Complaint Under Submission |
| 9/17/2020 | Plaintiffs | Plaintiffs’ Supplemental Request for Judicial Notice in Support of Opposition to Defendants’ Motion to Dismiss First Amended Complaint |
| 7/30/2020 | Court | Order Continuing Defendants’ Motion to Dismiss to September 22, 2020 |
| 7/29/2020 | Defendants | Notice of Statewide Public Health Officer Order, Defendant County of Ventura’s Public Order to Safely Reopen Ventura County, and the Continued Operation of Gun Stores and Shooting Ranges Under the Additional Orders |
| 6/26/2020 | Court | Order Continuing Defendants’ Motion to Dismiss |
| 6/16/2020 | Defendants | Defendants’ Reply Brief in Support of Motion to Dismiss First Amended Complaint |
| 6/9/2020 | Plaintiffs | Plaintiffs’ Opposition to Defendants’ Motion to Dismiss First Amended Complaint |
| 6/2/2020 | Defendants | Defendants’ Notice of Motion and Motion to Dismiss First Amended Complaint
Request for Judicial Notice in Support of Defendants’ Motion to Dismiss First Amended Complaint Proposed Order Granting Defendants’ Motion to Dismiss First Amended Complaint |
| 5/18/2020 | Court | Minute Order and Notice of Hearing re Motion for Preliminary Injunction Off Calendar |
| 5/18/2020 | Plaintiffs | Notice of Withdrawal of Plaintiffs’ Motion for Preliminary Injunction |
| 5/13/2020 | Defendants | Notice of Defendant County of Ventura’s Issuance of Public Health Stay Well VC Order to Safely Reopen Ventura County |
| 5/12/2020 | Plaintiffs | Plaintiffs’ Reply to Defendants’ Opposition to Plaintiffs’ Motion for Preliminary Injunction |
| 5/11/2020 | Court | Order Extending Time to Respond to First Amended Complaint and Setting Hearing on Motion to Dismiss |
| 5/11/2020 | Court | Docket Text: SCHEDULING NOTICE by Judge Consuelo B. Marshall. The Court sets a telephonic hearing on the preliminary injunction on Tuesday, May 19, 2020 at 10:00 a.m. |
| 5/8/2020 | All Parties | Stipulation to Extend Time to Respond to First Amended Complaint and Set Hearing on Defendants’ Motion to Dismiss First Amended Complaint |
| 5/5/2020 | Defendants | Defendants’ Opposition to Motion for Preliminary Injunction
Defendants’ Evidentiary Objections to Plaintiffs’ Motion for Preliminary Injunction |
| 4/30/2020 | Court | Order re Fees Refunded |
| 4/30/2020 | Court | Order re Plaintiffs’ Second Ex Parte for Temporary Restraining Order |
| 4/28/2020 | Defendants | Defendants’ Opposition to Second Ex Parte Application for Temporary Restraining Order |
| 4/27/2020 | Court | Order Setting Briefing Schedule for Temporary Restraining Order and Preliminary Injunction |
| 4/24/2020 | Plaintiffs’ Application for Temporary Restraining Order and Issuance of Order to Show Cause re Preliminary Injunction | |
| 4/23/2020 | Plaintiffs | Notice of Appearance of Attorney Raymond M. DiGuiseppe |
| 4/22/2020 | Court | Order Continuing Briefing Schedule and Hearing on Plaintiffs’ Motion for Preliminary Injunction |
| 4/21/2020 | All Parties | Stipulation to Continue Briefing Schedule and Hearing on Plaintiffs’ Motion for Preliminary Injunction |
| 4/14/2020 | Plaintiffs | Plaintiffs’ Notice of Motion and Motion for Preliminary Injunction
Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction Declaration of Donald McDougall in Support of Motion for Preliminary Injunction Declaration of Juliana Garcia in Support of Motion for Preliminary Injunction Declaration of Alan Gottlieb in Support of Motion for Preliminary Injunction Declaration of Gene Hoffman in Support of Motion for Preliminary Injunction Declaration of Brandon Combs in Support of Motion for Preliminary Injunction Declaration of Ronda Baldin-Kennedy in Support of Motion for Preliminary Injunction |
| 4/14/2020 | Plaintiffs | First Amended Complaint for Injunctive and Declaratory Relief |
| 4/13/2020 | Court | Order Denying Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice |
| 4/8/2020 | Court | Order Granting Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice |
| 4/7/2020 | Plaintiffs | Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice
Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice |
| 4/1/2020 | Court | Standing Order |
| 4/1/2020 | Court | Order re Ex Parte Application for Temporary Restraining Order |
| 3/31/2020 | Court | Issued Summons |
| 3/31/2020 | Plaintiffs | Plaintiff’s Amended Ex Parte Application for Temporary Restraining Order |
| 3/30/2020 | Plaintiffs | Plaintiff’s Ex Parte Application for Temporary Restraining Order
Plaintiff’s Memorandum in Support of Ex Parte Application for Temporary Restraining Order Declaration of Donald McDougall in Support of Ex Parte Application for Temporary Restraining Order |
| 3/30/2020 | Plaintiffs | Certification and Notice of Interested Parties |
| 3/30/2020 | Court | Notice of Assignment to Judge Consuelo B. Marshall |
| 3/29/2020 | Plaintiffs | Notice of Change of Attorney Business or Contact Information |
| 3/28/2020 | Plaintiffs | Request for Summons |
| 3/28/2020 | Plaintiffs | Civil Case Cover Sheet |
| 3/28/2020 | Plaintiffs | Complaint for Injunctive Relief |