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National Association for Gun Rights v. City of San Jose
Case Name: National Association for Gun Rights, Inc. and Mark Sikes v. City of San Jose, Jennifer Maguire, in her official capacity an City Manager of the City of San Jose, City of San Jose City Council
Case No.: 5:22-cv-00501-BLF
| United States District Court, Northern District of California |
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| Filing Date | Filing Party | Document Description |
| 4/18/2023 | Court | Motion Hearing set for 6/15/2023 VACATED re 106 ORDER DENYING 105 REQUEST TO CONTINUE HEARING AND VACATING HEARING.. (tsh, COURT STAFF) |
| 4/18/2023 | Court | Order Denying Request to Continue Hearing and Vacating Hearing |
| 4/14/2023 | Plaintiff | Joint Stipulation and Order Continuing Hearing on Defendants Motion to Dismiss |
| 3/30/2023 | Defendant | Defendants’ Reply in Support of Motion to Dismiss Plaintiffs’ Consolidated Second Amended Complaint |
| 3/16/2023 | Plaintiff | Plaintiffs National Association for Gun Rights’ and Mark Sikes Response to Defendants’ Motion to Dismiss Complaint |
| 3/16/2023 | Plaintiff | HJTA’S Opposition to City’s Motion to Dismiss Plaintiffs’ Complaint |
| 3/2/2023 | Court | Set Deadlines and Hearing. Case Management Statement due by 8/10/2023. Further Case Management Conference set for 8/17/2023 11:00 AM in San Jose, Courtroom 1, 5th Floor. |
| 3/1/2023 | Court | Order Granting Joint Stipulation to Extend Time to Respond to Defendants’ Motion to Dismiss |
| 2/28/2023 | Plaintiff | Joint Stipulation to Extend Time to Respond to Defendants’ Motion to Dismiss |
| 2/23/2023 | Amicus | Brady’s Motion for Leave to Appear as Amicus Curiae and to File an Amicus Brief in Support of Defendants’ Motion to Dismiss |
| 2/23/2023 | Amicus | Appearance of Counsel for Brady |
| 2/23/2023 | Plaintiff | Notice of Withdrawal of Attorney Curtis Schube |
| 2/17/2023 | Defendant | Corrected Proposed Order Granting Defendants’ Motion to Dismiss Plaintiffs Consolidated Second Amended Complaint |
| 2/16/2023 | Defendant | Defendant’s Motion to Dismiss Plaintiffs’ Consolidated Second Amended Complaint Under Federal Rules 12b65 |
| 2/2/2023 | Plaintiffs | Consolidated Second Amended Complaint |
| 2/2/2023 | Court | Order Denying Plaintiffs’ Motion to Remand |
| 2/1/2023 | Court | Order Denying Plaintiffs’ Motion for Extension to File Amended Complaint |
| 1/31/2023 | Defendants | Defendants’ Opposition to Plaintiffs’ Motion for Extension to File Amended Complaint |
| 1/27/2023 | Plaintiffs | Plaintiffs’ Motion to Extend Time to File Amended Complaint |
| 1/26/2023 | Defendants | Defendants’ Opposition to Plaintiffs’ Motion to Remand |
| 1/10/2023 | Plaintiffs | Plaintiffs’ Motion to Remand |
| 1/6/2023 | Defendants | Defendants’ Status Report on Implementation of Gun Reduction Ordinance |
| 12/8/2022 | Defendants | Notice of Withdrawal of Attorney Melissa Montenegro for Defendants |
| 12/7/2022 | Plaintiffs | Notice of Change of Address for Attorneys for Plaintiffs |
| 10/25/2022 | Defendants | Defendants’ Status Report on Implementation of Gun Harm Reduction Ordinance |
| 9/30/2022 | Court | Order Granting in Part and Denying in Part Defendants’ Motion to Dismiss |
| 9/30/2022 | Court | Order Consolidating Case with Howard Jarvis Taxpayers Association v. City of San Jose |
| 8/17/2022 | Court | Docket Text: Transcript of Proceedings held on 07/14/2022, before Judge Beth Labson Freeman. Court Reporter/Transcriber Summer Fisher, telephone number [email protected]. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk’s Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 75 Transcript Order ) Redaction Request due 9/7/2022. Redacted Transcript Deadline set for 9/19/2022. Release of Transcript Restriction set for 11/15/2022. |
| 8/17/2022 | Defendants | Defendants’ Status Report on Implementation of The Gun Harm Reduction Ordinance |
| 8/16/2022 | Court | Docket Text: Transcript of Proceedings held on 08/04/2022, before Judge Beth Labson Freeman. Court Reporter/Transcriber Summer Fisher, telephone number [email protected]. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk’s Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 74 Transcript Order ) Redaction Request due 9/6/2022. Redacted Transcript Deadline set for 9/16/2022. Release of Transcript Restriction set for 11/14/2022. |
| 8/5/2022 | Defendants | Transcript Order |
| 8/4/2022 | Plaintiffs | Transcript Order |
| 8/4/2022 | Court | Docket Text: Minute Entry for proceedings held before Judge Beth Labson Freeman: Motion Hearing held on 8/4/2022 re 36 MOTION to Dismiss Plaintiffs’ First Amended Complaint filed by City of San Jose City Council, City Of San Jose, Jennifer Maguire. Total Time in Court: 46 Minutes. Court Reporter: Summer Fisher. Plaintiff Attorney: Michael Columbo. Defendant Attorney: Tamarah Prevost, Andrew Kirtley, Melissa Montenegro. |
| 8/3/2022 | Court | Order Denying Motion for Preliminary Injunction |
| 7/29/2022 | Court | Docket Text: CLERK’S NOTICE CONVERTING MOTION HEARING TO ZOOM WEBINAR HEARING and NOTICE OF REQUIRED REGISTRATION. Motion Hearing as to as to 36 MOTION to Dismiss Plaintiffs’ First Amended Complaint set for 8/04/2022 09:00 AM before Judge Beth Labson Freeman will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/blf Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at [email protected] no later than 08/02/2022, at 12:00 PM PST.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ |
| 7/28/2022 | Plaintiffs | Plaintiffs’ Response to Amicus Brief of Brady |
| 7/18/2022 | Court | Order Granting Brady’s Motion for Leave to File Amicus Brief |
| 7/15/2022 | Plaintiffs | Plaintiffs’ Opposition to Motion for Leave to File Amicus Brief of Brady |
| 7/14/2022 | Court | Docket Text: Minute Entry for proceedings held before Judge Beth Labson Freeman: Motion Hearing held on 7/14/2022 re 25 MOTION for Preliminary Injunction filed by Mark Sikes, National Association for Gun Rights, Inc. Total Time in Court: 1:14. Court Reporter: Summer Fisher. Plaintiff Attorney: Michael Columbo. Defendant Attorney: Tamarah Prevost, Andrew Kirtley, Melissa Montenegro. (This is a text-only entry generated by the court. |
| 7/11/2022 | Amicus | Brady’s Motion for Leave to File Amicus Brief in Support of Defendants’ Opposition to Plaintiffs’ Motion for Preliminary Injunction |
| 7/8/2022 | Plaintiffs | Plaintiffs’ Supplemental Brief |
| 7/8/2022 | Defendants | Defendants’ Supplemental Brief |
| 7/7/2022 | Court | Docket Text: CLERK’S NOTICE CONVERTING MOTION HEARING TO ZOOM WEBINAR HEARING and NOTICE OF REQUIRED REGISTRATION. Motion Hearing as to 25 MOTION for Preliminary Injunction set for 7/14/2022 09:00 AM before Judge Beth Labson Freeman will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/blf Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at [email protected] no later than 7/12/2022, at 2:00 PM PST. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ |
| 6/27/2022 | Court | Order Requesting Supplemental Briefing |
| 6/24/2022 | Plaintiffs | Plaintiffs’ Statement of Recent Decision |
| 6/14/2022 | Court | Order Advancing Hearing on Plaintiffs’ Motion for Preliminary Injunction |
| 6/7/2022 | Defendants | Defendants’ Statement of Recent Decision |
| 5/20/2022 | Court | Order regarding Stipulated Trial Schedule |
| 5/20/2022 | All Parties | Stipulated Trial Schedule |
| 5/17/2022 | Plaintiffs | Plaintiffs’ Response to Order to Show Cause Why Case Should Not Be Consolidated with Glass v. City of San Jose |
| 5/17/2022 | Defendants | Defendants’ Response to Order to Show Cause Why Case Should Not Be Consolidated with Glass v. City of San Jose |
| 5/4/2022 | Plaintiffs | Plaintiffs’ Response to Order to Show Cause Why Case Should Not Be Consolidated with Howard Jarvis Taxpayers Association v. City of San Jose |
| 5/4/2022 | Defendants | Defendants’ Response to Order to Show Cause Why Case Should Not Be Consolidated with Howard Jarvis Taxpayers Association v. City of San Jose |
| 5/3/2022 | Court | Related Case Order |
| 5/3/2022 | Court | Order to Show Cause Why Cases Should Not Be Consolidated |
| 4/29/2022 | Defendants | Reply to Opposition to Motion to Dismiss |
| 4/29/2022 | Court | Case Management Order |
| 4/28/2022 | Court | Docket Text: Minute Entry for proceedings held before Judge Beth Labson Freeman: Initial Case Management Conference held on 4/28/2022.Digital Recording Time: 11:13 – 11:25. Plaintiff Attorney: Michael Columbo. Defendant Attorney: Tamarah Prevost, Andrew Kirtley, Melissa Montenegro. |
| 4/26/2022 | Court | Sua Sponte Judicial Referral |
| 4/22/2022 | Plaintiffs | Plaintiffs’ Opposition to Motion to Dismiss First Amended Complaint |
| 4/22/2022 | Court | Docket Text: CLERK’S NOTICE CONVERTING CASE MANAGEMENT CONFERENCE TO ZOOM WEBINAR CONFERENCE and NOTICE OF REQUIRED REGISTRATION. Initial Case Management Conference set for 4/28/2022 11:00 AM before Judge Beth Labson Freeman will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/blf Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at [email protected] no later than April 26, 2022 at 2:00 PM PST. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ |
| 4/21/2022 | All Parties | Joint Case Management Conference Statement |
| 4/20/2022 | Court | Order to Show Cause Why Cases Should Not Be Consolidated |
| 4/20/2022 | Court | Order Granting Administrative Motion to Relate Cases |
| 4/19/2022 | Defendants | Administrative Motion to Relate Cases |
| 4/13/2022 | Plaintiffs | Notice of Appearance of David A. Warrington |
| 4/12/2022 | Plaintiffs | Order Granting Pro Hac Vice Application of David A. Warrington for Plaintiffs |
| 4/12/2022 | Plaintiffs | Application for Admission Pro Hac Vice of David A. Warrington for Plaintiffs |
| 4/8/2022 | Plaintiffs | Plaintiffs’ ADR Certification |
| 4/8/2022 | Defendants | Defendants’ ADR Certification |
| 4/8/2022 | Defendants | Defendants’ Motion to Dismiss First Amended Complaint
Declaration of Tamarah Prevost Exhibits 1-14 to Declaration of Tamarah Prevost |
| 3/29/2022 | Plaintiffs | Reply to Opposition to Motion for Preliminary Injunction |
| 3/25/2022 | Court | Order Denying Plaintiffs’ Motion to Shorten Time to Hear Motion for Preliminary Injunction |
| 3/25/2022 | Plaintiffs | Plaintiffs’ Motion to Shorten Time to Hear Motion for Preliminary Injunction |
| 3/22/2022 | Defendants | Opposition to Motion for Preliminary Injunction |
| 3/22/2022 | Defendants | Notice of Appearance of Andrew F. Kirtley for Defendants |
| 3/14/2022 | Defendants | Notice of Withdrawal of Attorney Kaiyi A. Xie for Defendants |
| 3/8/2022 | Plaintiffs | Plaintiffs’ Motion for Preliminary Injunction |
| 3/4/2022 | Plaintiffs | Notice of Appearance of Curtis M. Schube |
| 3/1/2022 | Plaintiffs | Application for Admission Pro Hac Vice for Curtis M. Schube for Plaintiffs |
| 2/16/2022 | Court | Order Terminating Motion to Dismiss and Motion to Shorten Time as Moot |
| 2/15/2022 | Plaintiffs | Plaintiffs’ Opposition to Motion to Shorten Time to Hear Motion to Dismiss |
| 2/14/2022 | Plaintiffs | First Amended Complaint |
| 2/11/2022 | Defendants | Defendants’ Motion to Shorten Time to Hear Motion to Dismiss |
| 2/7/2022 | Defendants | Defendants’ Motion to Dismiss |
| 2/7/2022 | Defendants | Waiver of Service of Summons by Defendants |
| 2/7/2022 | Defendants | Notice of Appearance of Tamarah P. Prevost for Defendants |
| 2/7/2022 | Defendants | Notice of Appearance of Kaiyi A. Xie for Defendants |
| 2/7/2022 | Defendants | Notice of Appearance of Joseph W. Cotchett for Defendants |
| 2/2/2022 | Court | Docket Text: CLERK’S NOTICE RESETTING CASE MANAGEMENT CONFERENCE AFTER REASSIGNMENT. Case Management Statement due by 4/21/2022. Initial Case Management Conference set for 4/28/2022 11:00 AM in San Jose, Courtroom 3, 5th Floor. |
| 2/1/2022 | Court | Order Reassigning Case |
| 1/31/2022 | Court | Summons |
| 1/31/2022 | Court | Docket Text: CLERK’S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. |
| 1/31/2022 | Plaintiffs | Notice of Appearance of Michael A. Columbo for Plaintiffs |
| 1/31/2022 | Court | Consent or Declination to Magistrate Judge Jurisdiction |
| 1/26/2022 | Court | Order Setting Initial Case Management Conference and ADR Deadlines |
| 1/26/2022 | Court | Docket Text: Case assigned to Magistrate Judge Virginia K. DeMarchi. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge’s standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court’s web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 2/9/2022. |
| 1/25/2022 | Plaintiffs | Complaint |