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Rhode v. Becerra

Case Name: Kim Rhode, Gary Brennan, Cory Henry, Edward Johnson, Scott Lindemuth, Richard Ricks, Denise Welvang, Able’s Sporting, Inc., AMDEP Holdings, LLC, R & S Firearms, Inc., and California Rifle & Pistol Association, Incorporated v. Xavier Becerra

District Court Case No.: 3:18-cv-00802-BEN-JLB

Court of Appeal Case No.: 24-542

U.S. Court of Appeals for the Ninth Circuit
Filing Date	Filing Party	Document Description
10/9/2024	Appellant-Defendant	Docket Text: ACKNOWLEDGMENT of hearing notice filed by Mica Moore for Appellant Rob Bonta. Hearing in Pasadena – Courtroom 1 in Pasadena, on 12/2/2024 9:00:00 AM. Filer argument time: By myself. (Argument minutes: [-]). Special accommodations: No. Filer admission status: I certify that I am admitted to practice before this Court. [Entered: 10/09/2024 03:28 PM]
9/22/2024	Court	Docket Text: NOTICE OF ORAL ARGUMENT on Monday, December 2, 2024 – 09:00 A.M. – Courtroom 1 – Scheduled Location: Pasadena CA 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 ACMS filing type Motion to Appear Remotely for Oral Argument. 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 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. If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in ACMS no later than 28 days before the hearing date. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice. [24-542] [Entered: 09/22/2024 06:18 AM]
9/13/2024	Appellant-Defendant	Appellant-Defendant’s Reply Brief
8/13/2024	Appellees-Plaintiffs	Appellees’ Response to Notice re Oral Argument
8/9/2024	Appellant-Defendant	Notice of Supplemental Authority per 28(j) re Bianchi v. Brown
8/9/2024	Court	Docket Text: NOTICE: This case is being considered for an upcoming oral argument calendar in Pasadena. Please review the Pasadena sitting dates for December 2024 and the subsequent sitting 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 (http://www.ca9.uscourts.gov/forms/form32.pdf) within 3 business days of this notice using the ACMS filing type Response to Case Being Considered for Oral Argument. Please follow the form’s instructions (http://www.ca9.uscourts.gov/forms/form32instructions.pdf) 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 motion within 3 business days of this notice, using the filing type: Motion to Refer to Mediation. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. [24-542] [Entered: 08/09/2024 11:42 AM]
7/31/2024	Amicus for Appellees-Plaintiffs	Amicus Brief of Gun Owners of California, Gun Owners of America, Inc., Gun Owners Foundation, Heller Foundation, Tennessee Firearms Association, Tennessee Firearms Foundation, America’s Future, U.S. Constitutional Rights Legal Defense Fund, Conservative Legal Defense and Education Fund, and Restoring Liberty Action Committee in Support of Appellees-Plaintiffs
7/31/2024	Amicus for Appellees-Plaintiffs	Amicus Brief of Ohio, Idaho, Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, and Wyoming in Support of Appellees-Plaintiffs
7/31/2024	Amicus for Appellees-Plaintiffs	Amicus Brief of American Firearms Association, New York State Firearms Association, Georgia Gun Owners, Illinois Firearms Association, Iowa Gun Owners, Missouri Firearms Coalition, Minnesota Gun Rights, Ohio Gun Owners, Washington Gun Rights, and Wyoming Gun Owners in Support of Appellees-Plaintiffs
7/31/2024	Amicus for Appellees-Plaintiffs	Amicus Brief of The Buckeye Institute in Support of Appellees-Plaintiffs
7/30/2024	Amicus for Appellees-Plaintiffs	Amicus Brief of National Association for Gun Rights in Support of Appellees-Plaintiffs
7/25/2024	Court	Docket Text: ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 34) granted. Amended briefing schedule: Optional Reply Brief due 9/13/2024. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [Entered: 07/25/2024 01:59 PM]
7/25/2024	Appellant	Docket Text: Streamlined Request for Extension of Time to File Brief filed by Appellant Rob Bonta. [Entered: 07/25/2024 09:07 AM]
7/24/2024	Appellees	Appellees’ Answering Brief Supplemental Excerpts of Record Index Volume Supplemental Excerpts of Record Volume 1 of 2 Supplemental Excerpts of Record Volume 2 of 2
6/7/2024	Court	Docket Text: ORDER FILED. Streamlined Request for Extension of Time to File Answering Brief for 30 days (DE 30) granted. Amended briefing schedule: Answering Brief Due (Appellee) 7/24/2024. Optional Reply Brief due 21 days after service of Answering Brief. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [Entered: 06/07/2024 01:41 PM]
6/6/2024	Appellees	Docket Text: Streamlined Request for Extension of Time to File Answering Brief for 30 days filed by Appellee Kim Rhode, Appellee Gary Brennan, Appellee Cory Henry, Appellee Edward Johnson, Appellee Scott Lindemuth, Appellee Richard Ricks, Appellee Denise Welvang, Appellee Able’s Sporting, Inc., Appellee AMDEP Holdings, LLC, Appellee R&S Firearms, Inc., Appellee California Rifle & Pistol Association. [Entered: 06/06/2024 06:14 PM]
6/6/2024	Appellees	Docket Text: NOTICE OF APPEARANCE by Matthew Rowen for Appellee Able’s Sporting, Inc., Appellee AMDEP Holdings, LLC, Appellee California Rifle & Pistol Association, Appellee Cory Henry, Appellee Denise Welvang, Appellee Edward Johnson, Appellee Gary Brennan, Appellee Kim Rhode, Appellee R&S Firearms, Inc., Appellee Richard Ricks, Appellee Scott Lindemuth. [Entered: 06/06/2024 12:13 PM]
6/6/2024	Appellees	Docket Text: NOTICE OF APPEARANCE by Erin E. Murphy for Appellee Able’s Sporting, Inc., Appellee AMDEP Holdings, LLC, Appellee California Rifle & Pistol Association, Appellee Cory Henry, Appellee Denise Welvang, Appellee Edward Johnson, Appellee Gary Brennan, Appellee Kim Rhode, Appellee R&S Firearms, Inc., Appellee Richard Ricks, Appellee Scott Lindemuth. [Entered: 06/06/2024 12:09 PM]
6/6/2024	Appellees	Docket Text: NOTICE OF APPEARANCE by Paul D. Clement for Appellee Able’s Sporting, Inc., Appellee AMDEP Holdings, LLC, Appellee California Rifle & Pistol Association, Appellee Cory Henry, Appellee Denise Welvang, Appellee Edward Johnson, Appellee Gary Brennan, Appellee Kim Rhode, Appellee R&S Firearms, Inc., Appellee Richard Ricks, Appellee Scott Lindemuth. [Entered: 06/06/2024 12:06 PM]
5/31/2024	Amicus for Appellant-Defendant	Amicus Brief of Everytown for Gun Safety in Support of Appellant-Defendant
5/31/2024	Amicus for Appellant-Defendant	Amicus Brief of Brady Center to Prevent Gun Violence and Giffords Law Center to Prevent Gun Violence in Support of Appellant-Defendant
5/24/2024	Appellant	Appellant’s Opening Brief Addendum to Appellant’s Opening Brief Index for Appellant’s Excerpts of Record Appellant’s Excerpts of Record Volume 1 of 4 Appellant’s Excerpts of Record Volume 2 of 4 Appellant’s Excerpts of Record Volume 3 of 4 Appellant’s Excerpts of Record Volume 4 of 4
4/2/2024	Court	Docket Text: ORDER FILED. Streamlined Request for Extension of Time to File Opening Brief for 30 days (DE 11) granted. Amended briefing schedule: Opening Brief Due (Appellant) 5/24/2024, Answering Brief Due (Appellee) 6/24/2024. Optional Reply Brief due 21 days after service of Answering Brief. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [Entered: 04/02/2024 09:10 AM]
4/2/2024	Court	Docket Text: Streamlined Request for Extension of Time to File Opening Brief for 30 days filed by Appellant Rob Bonta. [Entered: 04/02/2024 07:38 AM]
2/29/2024	Appellant	Docket Text: NOTICE OF APPEARANCE by Mica Moore for Appellant Rob Bonta. [Entered: 02/29/2024 05:16 PM]
2/13/2024	Appellant	Appellant-Defendant’s Transcript Designation & Ordering Form
2/5/2024	Court	Order Granting Motion to Stay District Court Ruling
2/5/2024	Appellant	Appellant’s Mediation Questionnaire
2/2/2024	Appellant	Appellant’s Reply to Opposition to Emergency Motion for Stay
2/1/2024	Appellees	Appellees’ Opposition to Appellant’s Emergency Motion for Stay Pending Appeal Declaration of Sean A. Brady
2/1/2024	Appellant	Defendant-Appellant’s Emergency Motion for Immediate Stay Pending Appeal Declaration of Christina R.B. Lopez in Support of Motion Certificate for Emergency Motion
1/31/2024	Court	Time Schedule Order
1/31/2024	Court	Docket Text: CASE OPENED. A copy of your notice of appeal / petition filed in 3:18-cv-00802-BEN-JLB has been received in the Clerk’s office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 24-542 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for attorneys and pro se litigants) and review the Appellate Practice Guide. Counsel should consider contacting the court’s Appellate Mentoring Program for help with the brief and argument. [Entered: 01/31/2024 04:34 PM]
U.S. District Court, Southern District of California
Filing Date	Filing Party	Document Description
3/4/2024	Court	Docket Text: NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference held on 11/13/2023, before Judge Roger T. Benitez. Court Reporter/Transcriber Juliet Y. Eichenlaub. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 3/25/2024. Redacted Transcript Deadline set for 4/4/2024. Release of Transcript Restriction set for 6/3/2024. (ddf)
1/31/2024	Court	Order Denying Request to Stay
1/31/2024	Defendant	Defendant’s Notice of Appeal Defendant’s Representation Statement
1/31/2024	Defendant	Defendant’s Renewed Motion to Stay
1/31/2024	Court	Judgment
1/30/2024	Court	Decision in support of Plaintiffs
12/13/2023	Plaintiffs	Plaintiffs’ Omnibus Brief
12/13/2023	Defendant	Defendant’s Omnibus Brief
12/13/2023	Defendant	Notice of Appearance of Meghan H. Strong for Defendant
11/15/2023	Court	Docket Text: Minute Entry for proceedings held before Judge Roger T. Benitez: Status Conference held on 11/13/2023. Omnibus briefs due within 30 days with a 25-page limit.(Court Reporter/ECR Juliet Eichenlaub). (Plaintiff Attorney Sean Brady). (Defendant Attorney John D. Echeverria). (no document attached) (gxr)
11/2/2023	Defendant	Defendant’s Response to Plaintiffs’ Response to Expert Declarations
11/2/2023	Court	Notice of Appearance of Sebastian Brady for Defendant
10/19/2023	Court	Order Granting Leave for Defendant to File Brief and Setting Status Conference
10/10/2023	Plaintiffs	Plaintiffs’ Response to Defendant’s Objection to Plaintiffs’ Response to Defendant’s Expert Declarations
10/5/2023	Defendant	Defendant’s Objection to Plaintiffs’ Response to Defendant’s Expert Declarations
10/2/2023	Plaintiffs	Plaintiffs’ Response to Defendant’s Expert Declarations Declaration of Clayton Cramer
8/24/2023	Amicus	Notice of Withdrawal of Giffords
8/17/2023	Plaintiffs	Plaintiffs’ Response to July 18, 2023 Order Declaration of Plaintiff Kim Rhode Declaration of Plaintiff Gary Brennan Declaration of Plaintiff Cory Henry Declaration of Plaintiff Edward Johnson Declaration of Plaintiff Denise Welvang Declaration of James Gilhousen for Plaintiff Able’s Sporting Declaration of Dan Wolgin for Plaintiff AMDEP Holdings Declaration of Richard Minnich for Plaintiff California Rifle & Pistol Association Declaration of Jack Mullin Declaration of Kirk Weir Declaration of Muhamed El-Zoghbi Declaration of Scott Parker Declaration of Stephen Hoover Declaration of Steven Bayrd
8/16/2023	Defendant	Defendant’s Response to Court’s July 18, 2023 Order Fifth Supplemental Declaration of Mayra G. Morales Declaration of Robert Spitzer Declaration of Michael Vorenberg Declaration of Jennifer M. McCutchen Declaration of Sidney Jones Exhibit 1 Exhibit 2 Exhibit 3
7/25/2023	Court	Docket Text: NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Preliminary Injunction Hearing held on 7/17/2023, before Judge Roger T. Benitez. Court Reporter/Transcriber Juliet Y. Eichenlaub. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 8/15/2023. Redacted Transcript Deadline set for 8/25/2023. Release of Transcript Restriction set for 10/23/2023. (jye)
7/18/2023	Court	Docket Text: Minute Entry for proceedings held before Judge Roger T. Benitez: Preliminary Injunction Hearing held on 7/17/2023. No objections were heard as to combining the preliminary injunction hearing with a trial on the merits. Within 30 days of today, Plaintiffs shall file a declaration(s) regarding their Article III standing. Within 30 days of today, Defendant shall name and file an expert report(s) or declaration(s) regarding the American history and tradition of background checks. Within 15 days thereafter, Plaintiffs shall decide whether to depose said expert(s), and within 30 days after deciding, Plaintiffs shall file a brief or expert declaration(s) in response. Additionally, within 30 days of today, Defendant shall file an updated declaration regarding ammunition purchaser background check acceptance/rejection rates and processing times, as performed previously. Additionally, within 30 days of today, Defendant shall report to the extent ascertainable, on persons described in previous declarations as persons who underwent background checks and were identified as prohibited persons and indicate whether such persons were prosecuted and whether firearms were located and seized from such persons.(Court Reporter/ECR Juliet Eichenlaub). (Plaintiff Attorney Sean Brady, Konstadinas T. Morou). (Defendant Attorney Christina R. B. Lopez, John D. Echeverria). (no document attached) (gxr)
7/13/2023	Defendant	Defendant’s Response to Order Setting Hearing
6/30/2023	Court	Order Setting Hearing
3/15/2023	Defendant	Defendant’s Notice of Supplemental Authority
2/21/2023	Defendant	Defendant’s Brief in Response to Plaintiffs’ Supplemental Briefs
2/21/2023	Plaintiffs	Plaintiffs’ Response to Defendant’s Supplemental Briefs
2/16/2023	Defendant	Notice of Appearance of Christina R.B. Lopez for Defendant
2/10/2023	Plaintiffs	Plaintiffs’ Brief re Relevant Analogs
2/10/2023	Defendant	Defendant’s Supplemental Brief re Order of February 7, 2023
2/10/2023	Defendant	Defendant’s Supplemental Brief re Order of December 15, 2022
2/7/2023	Court	Docket Text: MINUTE ORDER issued by the Honorable Roger T. Benitez: The State defendants are directed to file a brief which identifies the best historical regulation that is a proper analogue and relevantly similar to a statewide background check for buying ammunition. The brief shall be limited to five pages and shall be filed with the brief currently due 30 days after the filing of the law list.
1/11/2023	Defendant	Declaration of John D. Echeverria re Submission of Surveys Survey of Relevant Statutes (Pre-Founding-1888) Survey of Relevant Statutes (1889-1930) Plaintiffs’ Disagreements re Defendant’s Survey of Relevant Statutes
12/20/2022	Court	Transcript from Status Conference on December 12, 2022
12/20/2022	Court	Docket Text: NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference held on 12/12/2022, before Judge Roger T. Benitez. Court Reporter/Transcriber Abigail R. Torres. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 1/10/2023. Redacted Transcript Deadline set for 1/20/2023. Release of Transcript Restriction set for 3/20/2023.
12/15/2022	Court	Docket Text: Minute Entry for proceedings held before Judge Roger T. Benitez: Status Conference held on 12/12/2022. 12/12/2022 Second Amendment cases MOStatus hearing held. The state defendants shall create, and the plaintiffs shall meet and confer regarding, a survey or spreadsheet of relevant statutes, laws, or regulations in chronological order. The listing shall begin at the time of the adoption of the Second Amendment and continue through twenty years after the Fourteenth Amendment. For each cited statute/law/regulation, the survey shall provide: (a) the date of enactment; (b) the enacting state, territory, or locality; (c) a description of what was restricted (e.g., dirks, daggers, metal knuckles, storage of gunpowder or cartridges, or use regulations); (d) what it was that the law or regulation restricted; (e) what type of weapon was being restricted (e.g., knife, Bowie Knife, stiletto, metal knuckles, pistols, rifles); (f) if and when the law was repealed and whether it was replaced; (g) whether the regulation was reviewed by a court and the outcome of the courts review (with case citation). Defendants may create a second survey covering a time period following that of the first list. If opposing parties cannot agree on the inclusion of a particular entry on the survey, the disagreement shall be indicated and described on a separate list. The survey list shall be filed within 30 days. Parties may file a brief up to 25 pages within 30 days thereafter focusing on relevant analogs. Parties may file a responsive brief within 10 days thereafter. Parties shall agree within 20 days on deposing Mr. Roth and Mr. Cramer at an agreed place and time. (Court Reporter/ECR Abigail Torres). (Plaintiff Attorney Sean Brady, Chuck Michel). (Defendant Attorney Anthony P. O’Brien). (no document attached) (gxr)
12/5/2022	Defendant	Notice of Appearance of Anthony P. O’Brien for Defendant
12/5/2022	Defendant	Notice of Appearance of John Echeverria for Defendant
11/9/2022	Court	Docket Text: NOTICE of Hearing: Status Conference set for 12/12/2022 10:30 AM in Courtroom 5A before Judge Roger T. Benitez. The Court hereby orders all attorneys to appear in-person.
U.S. Court of Appeals for the Ninth Circuit
Filing Date	Filing Party	Document Description
11/17/2022	Court	Order Vacating and Remanding
10/13/2022	Appellant	Appellant’s Supplemental Reply Brief re Bruen
10/11/2022	Court	Docket Text: Filed text clerk order (Deputy Clerk: WL): Gun Owners of America et al.’s motion (Docket Entry # [100]) for leave to file an amicus brief in support of Plaintiffs-Appellees, is granted. [12559629] (WL)
10/11/2022	Appellant	Docket Text: Filed (ECF) notice of appearance of Elizabeth Karin Watson (California Attorney General’s Office, 455 Golden Gate Ave. Suite 11000, San Francisco, CA 94102-7004) for Appellant Rob Bonta. Date of service: 10/11/2022. (Party was previously proceeding with counsel.) [12559550] [20-55437] (Watson, Elizabeth)
9/29/2022	Amicus	Motion for Leave to File Amicus Brief of Gun Owners of America, Inc., Gun Owners Foundation, Gun Owners of California, Heller Foundation, Oregon Firearms Federation, Virginia Citizens Defense League, Tennessee Firearms Association, Grass Roots North Carolina, Rights Watch International, America’s Future, Downsize DC Foundation, DownsizeDC.org, Conservative Legal Defense and Education Fund, and Restoring Liberty Action Committee Supplemental Amicus Brief
9/22/2022	Appellees	Appellees’ Supplemental Brief re Bruen
9/2/2022	Court	Docket Text: Filed text clerk order (Deputy Clerk: WL): Appellees’ motion (Docket Entry # [95]) for an extension of time to file their supplemental brief until September 22, 2022, is granted.
9/1/2022	Appellees	Plaintiffs-Appellees’ Unopposed Motion for Extension to File Supplemental Brief
8/8/2022	Appellant	Appellant’s Supplemental Brief regarding Bruen
7/13/2022	Court	Order Granting Motion for Extension to File Supplemental Brief
7/12/2022	Appellant	Appellant’s Unopposed Motion for Extension to File Supplemental Brief
7/12/2022	Appellant	Notice of Appearance of John D. Echeverria for Appellant
6/24/2022	Court	Order Requesting Supplemental Briefing re NYSRPA v. Bruen
3/19/2021	Court	Order Staying Case Pending Duncan
1/15/2021	Appellees	Plaintiffs-Appellees’ Supplemental Brief
12/18/2020	Court	Docket Text: Received 6 paper copies of Supplemental Brief [76] filed by Xavier Becerra.
12/16/2020	Court	Order Requesting Paper Copies of Defendant-Appellant’s Supplemental Brief
12/16/2020	Appellant	Defendant-Appellant’s Supplemental Brief
11/16/2020	Court	Order to File Supplemental Briefs regarding the Constitutionality of the Basic Check
11/10/2020	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/
11/9/2020	Court	Docket Text: ARGUED AND SUBMITTED TO BARRINGTON D. PARKER, JR., PAUL J. WATFORD and PATRICK J. BUMATAY.
10/19/2020	Appellant	Docket Text: Filed (ECF) Acknowledgment of hearing notice by Attorney Nelson Richards for Appellant Xavier Becerra. Hearing in Pasadena on 11/09/2020 at 09:30 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: 10/19/2020. [11863249] [20‐55437] (Richards, Nelson)
10/16/2020	Appellees	Docket Text: Filed (ECF) Acknowledgment of hearing notice by Attorney Ms. Erin E. Murphy for Appellees Able’s Sporting, Inc., AMDEP Holdings, LLC, Gary Brennan, California Rifle & Pistol Association, Inc., Cory Henry, Edward Johnson, Scott Lindemuth, R&S Firearms, Inc., Kim Rhode, Richard Ricks and Denise Welvang. Hearing in Pasadena on 11/09/2020 at 09:30 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: 10/16/2020. [11861329] [20‐55437] (Murphy, Erin)
10/14/2020	Appellees	Appellees’ Supplemental Brief
10/14/2020	Appellant	Appellant’s Supplemental Brief
9/23/2020	Court	Order to File Supplemental Brief regarding Historical Evidence
9/1/2020	Appellant	Docket Text: Filed (ECF) notice of appearance of Peter H. Chang (California Attorney General’s Office; 455 Golden Gate Ave., Ste. 11000; San Francisco, CA 94102) for Appellant Xavier Becerra. Date of service: 09/01/2020. (Party was previously proceeding with counsel.)
8/31/2020	Appellant	Appellant’s Reply Brief
8/30/2020	Court	Docket Text: Notice of Oral Argument on Monday, November 9, 2020 – 09:30 A.M. – Courtroom 1 – Scheduled Location: 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, any argument may be held remotely with all of the judges and attorneys appearing by video or telephone. Travel to a courthouse will not be required. If the panel determines that it will hold oral argument, the Clerk’s Office will be in contact with you directly at least two weeks before the set argument date to make any necessary arrangements for remote appearance.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, November 9, 2020. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.
8/12/2020	Court	Order Granting Extension to File Reply Brief
8/10/2020	Appellant	Appellant’s Unopposed Motion for Extension of Time to File Reply Brief
8/7/2020	Amicus	Amicus Brief of Gun Owners of California in Support of Appellees Kim Rhode, et al. and Affirmance Appendix to Brief of Gun Owners of California
8/7/2020	Amicus	Amicus Brief of Gun Owners of America, Inc., Gun Owners Foundation, Heller Foundation, Virginia Citizens Defense League, Grass Roots North Carolina, Tennessee Firearms Association, BamaCarry, Inc., Florida Carry, Inc., Arizona Citizens Defense League, New Jersey Second Amendment Society, and Conservative Legal Defense and Education Fund in Support of Plaintiffs-Appellees and Affirmance
8/7/2020	Amicus	Amicus Brief of Firearms Policy Coalition, Firearms Policy Foundation, California Gun Rights Foundation, Madison Society Foundation, and Second Amendment Foundation in Support of Appellees and Affirmance
8/5/2020	Appellees	Notice regarding Availability for Oral Argument
8/3/2020	Court	Docket Text: This case is being considered for an upcoming oral argument calendar in Pasadena. Please review the Pasadena sitting dates for November 2020 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).
7/31/2020	Appellees	Appellees’ Answering Brief
7/31/2020	Court	Docket Text: Filed (ECF) notice of appearance of Erin E. Murphy (Kirkland & Ellis LLP, 1301 Pennsylvania Avenue NW, Washington, DC 20004) for Appellees Able’s Sporting, Inc., AMDEP Holdings, LLC, Gary Brennan, California Rifle & Pistol Association, Inc., Cory Henry, Edward Johnson, Scott Lindemuth, R&S Firearms, Inc., Kim Rhode, Richard Ricks and Denise Welvang. Date of service: 07/31/2020. (Party was previously proceeding with counsel.)
7/31/2020	Court	Docket Text: Filed (ECF) notice of appearance of Paul D. Clement (Kirkland & Ellis LLP, 1301 Pennsylvania Avenue NW, Washington, DC 20004) for Appellees Able’s Sporting, Inc., AMDEP Holdings, LLC, Gary Brennan, California Rifle & Pistol Association, Inc., Cory Henry, Edward Johnson, Scott Lindemuth, R&S Firearms, Inc., Kim Rhode, Richard Ricks and Denise Welvang. Date of service: 07/31/2020. (Party was previously proceeding with counsel.)
7/1/2020	Court	Order Granting Motion for Extension to File Answering Brief
6/29/2020	Appellees	Unopposed Motion for Extension to File Answering Brief
6/19/2020	Amicus for Appellant	Amicus Brief of Everytown for Gun Safety in Support of Defendant-Appellant Addendum of Statutes and Selected Materials
6/19/2020	Amicus for Appellant	Amicus Brief of Illinois, Connecticut, Delaware, District of Columbia, Hawaii, Maryland, Massachusetts, Michigan, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Virginia, and Washington in Support of Defendant-Appellant
6/19/2020	Amicus for Appellant	Amicus Brief of Brady in Support of Defendant-Appellant
6/19/2020	Amicus for Appellant	Amicus Brief of Giffords Law Center to Prevent Gun Violence in Support of Defendant-Appellant
6/12/2020	Appellant	Appellant’s Opening Brief Appellant’s Excerpts of Record 1 of 7 Appellant’s Excerpts of Record 2 of 7 Appellant’s Excerpts of Record 3 of 7 Appellant’s Excerpts of Record 4 of 7 Appellants Excerpts of Record 5 of 7 Appellant’s Excerpts of Record 6 of 7 Appellant’s Excerpts of Record 7 of 7
5/14/2020	Court	Order Granting Stay Pending Appeal Circuit Judge Collins’ Dissent to Order Granting Stay Pending Appeal
5/13/2020	Court	Order Granting Extension to File Opening Brief
5/7/2020	Appellant	Reply in Support of Attorney General’s Motion to Stay Preliminary Injunction Order Pending Appeal
5/6/2020	Appellees	Appellees’ Opposition to Motion for Extension of Time to File Appellant’s Opening Brief and Excerpts of Record
5/4/2020	Appellant	Motion for Extension of Time to File Appellant’s Opening Brief and Excerpts of Record
4/30/2020	Appellees	Appellees’ Opposition to Appellant’s Emergency Motion to Stay Preliminary Injunction Order Pending Appeal Declaration of Sean A. Brady in Support of Appellees’ Opposition to Appellant’s Emergency Motion to Stay Preliminary Injunction Order Pending Appeal
4/29/2020	Court	Order re Case Not Selected for Mediation
4/27/2020	Appellant	Mediation Questionnaire
4/24/2020	Court	Order Granting Stay on Preliminary Injunction
4/24/2020	Appellant	Emergency Motion to Stay Preliminary Injunction Order Pending Appeal Declaration of Nelson R. Richards in Support of Emergency Motion to Stay Preliminary Injunction Order Pending Appeal Exhibit 1 in Support of Emergency Motion to Stay Preliminary Injunction Order Pending Appeal Exhibit 2 in Support of Emergency Motion to Stay Preliminary Injunction Order Pending Appeal Exhibit 3 in Support of Emergency Motion to Stay Preliminary Injunction Order Pending Appeal Exhibit 4 in Support of Emergency Motion to Stay Preliminary Injunction Order Pending Appeal Exhibit 5 in Support of Emergency Motion to Stay Preliminary Injunction Order Pending Appeal Exhibit 6 in Support of Emergency Motion to Stay Preliminary Injunction Order Pending Appeal Exhibit 7 in Support of Emergency Motion to Stay Preliminary Injunction Order Pending Appeal Exhibit 8 in Support of Emergency Motion to Stay Preliminary Injunction Order Pending Appeal Exhibit 9 in Support of Emergency Motion to Stay Preliminary Injunction Order Pending Appeal Exhibit 10 in Support of Emergency Motion to Stay Preliminary Injunction Order Pending Appeal Exhibit 11 in Support of Emergency Motion to Stay Preliminary Injunction Order Pending Appeal Exhibit 12 in Support of Emergency Motion to Stay Preliminary Injunction Order Pending Appeal Exhibit 13 in Support of Emergency Motion to Stay Preliminary Injunction Order Pending Appeal Exhibit 14 in Support of Emergency Motion to Stay Preliminary Injunction Order Pending Appeal
4/24/2020	Court	Order Setting Briefing Schedule
4/24/2020	Court	Case Opening Packet
4/24/2020	Court	Mediation Letter
4/24/2020	Court	Notice to All Parties and Counsel re Appeal
4/24/2020	Court	Court of Appeal Docketing Letter
U.S. District Court, Southern District of California
Filing Date	Filing Party	Document Description
6/9/2020	Court	Docket Text: Minute Order issued by the Honorable Roger T. Benitez: The Court hereby vacates the Final Pretrial Conference hearing date of 6/15/2020.
4/24/2020	Defendant	Defendant’s Notice of Interlocutory Appeal
4/24/2020	Court	Order Denying Defendant’s Motion to Stay
4/24/2020	Defendant	Defendant’s Motion to Stay Order Granting Preliminary Injunction to Allow for Interlocutory Appeal
4/23/2020	Court	Order Granting Plaintiffs’ Motion for Preliminary Injunction
4/10/2020	Defendant	Fourth Supplemental Declaration of Mayra G. Morales in Support of Defendant Xavier Becerra’s Opposition to Plaintiffs’ Motion for Preliminary Injunction
4/10/2020	Defendant	Defendant’s Response to Court’s Inquiry at the April 1, 2020 Status Conference
4/1/2020	Court	Order Denying Leave to Participate as Amici Curiae
4/1/2020	Court	Docket Text: Minute Entry for proceedings held before Judge Roger T. Benitez: Telephonic Status Conference held on 4/1/2020. (Court Reporter/ECR Ellen Simone). (Plaintiff Attorney Sean Brady). (Defendant Attorney Nelson Richards).
3/30/2020	Court	Docket Text: Notice of Hearing: Telephonic Status Conference set for 4/1/2020 01:15 PM in Courtroom 5A before Judge Roger T. Benitez.
2/28/2020	Defendant	Third Supplemental Declaration of Mayra G. Morales in Support of Defendant Xavier Becerra’s Opposition to Plaintiffs’ Motion for Preliminary Injunction
2/14/2020	Court	Order Requesting Defendant to Update the Court on Ammunition Sales Background Check
1/17/2020	Court	Order Granting Joint Motion to Vacate the Mandatory Settlement Conference
1/15/2020	All Parties	Joint Motion to Vacate the Mandatory Settlement Conference
1/8/2020	Court	Docket Text: Minute Order by Magistrate Judge Jill L. Burkhardt: Due to a conflict in the Court’s calendar, the Mandatory Settlement Conference previously set for 2/14/2020 (ECF No. [27]) is hereby RESET for 2/21/2020, at 9:00 AM in the chambers of Judge Burkhardt. The deadline to lodge confidential settlement statements with the Court is hereby RESET to 2/11/2020. This Order does not otherwise alter the Scheduling Order (ECF No. [27]).
11/18/2019	Defendant	Second Supplemental Declaration of Mayra G. Morales in Support of Defendant Xavier Becerra’s Opposition to Plaintiffs’ Motion for Preliminary Injunction
11/7/2019	All Parties	Joint Status Report
10/29/2019	Plaintiffs	Supplemental Brief in Support of Plaintiffs’ Motion for Preliminary Injunction Request for Judicial Notice in Support of Supplemental Brief in Support of Plaintiffs’ Motion for Preliminary Injunction Declaration of Edward Allen Johnson in Support of Supplemental Brief in Support of Plaintiffs’ Motion for Preliminary Injunction Declaration of William D. Shepard in Support of Supplemental Brief in Support of Plaintiffs’ Motion for Preliminary Injunction Declaration of Nandu Ionescu in Support of Supplemental Brief in Support of Plaintiffs’ Motion for Preliminary Injunction
9/30/2019	Amicus	Pro Hac Vice Application of Rebecca J. Francis for Giffords Law Center to Prevent Gun Violence & Brady
9/27/2019	Defendant	Supplemental Declaration of Mayra G. Morales in Support of Defendant Xavier Becerra’s Opposition to Plaintiffs’ Motion for Preliminary Injunction
9/25/2019	Defendant	Notice of Appearance of Counsel Noreen P. Skelly for Defendant Xavier Becerra
9/25/2019	Court	Docket Text: Notice of Hearing: Telephonic Status Conference set for 10/1/2019 01:00 PM in Courthouse 5A before Judge Roger T. Benitez. Plaintiff counsel to email Judge Benitez’s chambers by 5:00 PM on 9/30/2019 one toll-free telephone number and pass code to allow the Court to access the conference call.
8/12/2019	Plaintiffs	Plaintiffs’ Reply to Defendants’ Opposition to Motion for Preliminary Injunction Declaration of Matthew D. Cubeiro in Support of Plaintiffs’ Reply to Defendants’ Opposition to Motion for Preliminary Injunction
8/9/2019	Amicus for Defendant	Motion by Giffords Law Center to Prevent Gun Violence & Brady for Leave to File Amicus Brief in Support of Defendant’s Opposition to Plaintiffs’ Motion for Preliminary Injunction Memorandum of Points and Authorities in Support of Motion by Giffords Law Center to Prevent Gun Violence & Brady for Leave to File Amicus Brief in Support of Defendant’s Opposition to Plaintiffs’ Motion for Preliminary Injunction
8/9/2019	Amicus for Defendant	Motion by Everytown for Gun Safety Support Fund for Leave to File Amicus Brief in Support of Defendant’s Opposition to Plaintiffs’ Motion for Preliminary Injunction Amicus Brief of Everytown for Gun Safety Support Fund in Support of Defendant’s Opposition to Plaintiffs’ Motion for Preliminary Injunction
8/5/2019	Defendant	Defendant Xavier Becerra’s Opposition to Plaintiffs’ Motion for Preliminary Injunction Exhibit 1-5 Exhibit 6 Exhibit 7 Exhibit 7 Continued Exhibit 8 Declaration of Mayra G. Morales in Support of Defendant’s Opposition to Plaintiffs’ Motion for Preliminary Injunction Request for Judicial Notice In Support of Defendant’s Opposition to Plaintiffs’ Motion for Preliminary Injunction; Declaration of Nelson R. Richards
7/22/2019	Plaintiffs	Plaintiffs’ Notice of Motion and Motion for Preliminary Injunction Memorandum of Points and Authorities in Support of Plaintiffs’ Motion for Preliminary Injunction Declaration of Sean A. Brady in Support of Plaintiffs’ Motion for Preliminary Injunction Declaration of Richard Travis in Support of Plaintiffs’ Motion for Preliminary Injunction Declaration of James Gilhousen in Support of Plaintiffs’ Motion for Preliminary Injunction Declaration of Denise Welvang in Support of Plaintiffs’ Motion for Preliminary Injunction Declaration of Scott Lindemuth in Support of Plaintiffs’ Motion for Preliminary Injunction Declaration of Bill Ortiz in Support of Plaintiffs’ Motion for Preliminary Injunction Declaration of David Burwell in Support of Plaintiffs’ Motion for Preliminary Injunction Declaration of Chris Puehse in Support of Plaintiffs’ Motion for Preliminary Injunction Declaration of Travis Morgan in Support of Plaintiffs’ Motion for Preliminary Injunction Declaration of Ethan Bartel in Support of Plaintiffs’ Motion for Preliminary Injunction Declaration of Myra Lowder in Support of Plaintiffs’ Motion for Preliminary Injunction Declaration of Daniel Gray in Support of Plaintiffs’ Motion for Preliminary Injunction Declaration of Christina McNab in Support of Plaintiffs’ Motion for Preliminary Injunction Declaration of George Dodd in Support of Plaintiffs’ Motion for Preliminary Injunction Request for Judicial Notice with Exhibits 1-10 in Support of Plaintiffs’ Motion for Preliminary Injunction Exhibits 11-34 to Request for Judicial Notice in Support of Plaintiffs’ Motion for Preliminary Injunction
7/12/2019	Court	Docket Text: Minute Order Granting Joint Request to Appear Telephonically at the July 15, 2019 Status Conference
7/12/2019	All Parties	Joint Request to Appear Telephonically at the July 15, 2019 Status Conference
7/3/2019	Court	Order Granting Second Joint Motion to Amend Scheduling Order
7/1/2019	Court	Second Joint Motion to Amend Scheduling Order
4/23/2019	Court	Order Amending Scheduling Order
4/15/2019	Court	Docket Text: The Court hereby SETS a telephonic, counsel-only Status Conference for 4/19/2019, at 9:00 AM before Judge Burkhardt regarding the parties’ Joint Motion to Amend Scheduling Order.
4/12/2019	All Parties	Joint Motion to Amend Scheduling Order
12/6/2018	Court	Scheduling Order Regulating Discovery and Other Pretrial Proceedings
12/4/2018	Court	Docket Text: Case Management Conference held on 12/4/18. Scheduling Order to follow. Additionally, pursuant to the Conference, the in-person Early Neutral Evaluation Conference previously set for 1/9/2019 is hereby VACATED.
11/27/2018	All Parties	Joint Discovery Plan
11/6/2018	Court	Notice and Order: (1) For Telephonic Rule 26 Compliance and Case Management Conference; (2) In-Person Early Neutral Evaluation Conference
10/31/2018	Defendant	Defendants’ Answer to First Amended Complaint
10/17/2018	Court	Order re: Defendant’s Motions to Dismiss
9/27/2018	Court	Docket Text: NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion to Dismiss) held on 9/20/2018 before Judge Roger T. Benitez. Court Reporter/Transcriber: Dana Peabody. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 10/18/2018. Redacted Transcript Deadline set for 10/29/2018. Release of Transcript Restriction set for 12/26/2018.
9/13/2018	Defendant	Defendant’s Reply to Motion to Dismiss the First Amended Complaint
9/6/2018	Plaintiffs	Opposition to Motion to Dismiss the First Amended Complaint
7/18/2018	Defendant	Defendant Xavier Becerra’s Notice of Motion and Motion to Dismiss the First Amended Complaint Memorandum of Points and Authorities in Support of Defendant’s Motion to Dismiss the First Amended Complaint Request for Judicial Notice in Support of Defendant’s Motion to Dismiss the First Amended Complaint Proof of Service re Defendant’s Motion to Dismiss the First Amended Complaint
6/18/2018	Court	Order Denying Defendant’s Motion to Dismiss as Moot With Leave to File
6/11/2018	Plaintiffs	First Amended Complaint
5/18/2018	Defendant	Defendant Xavier Becerra’s Notice of Motion and Motion to Dismiss Memorandum of Points and Authorities in Support of Defendant’s Motion to Dismiss Request for Judicial Notice in Support of Defendant’s Motion to Dismiss; Declaration of Nelson R. Richards Certificate of Service for Defendant’s Motion to Dismiss
5/9/2018	Court	Order of Transfer to Judge Benitez
5/8/2018	Plaintiffs	Proof of Service of Summons and Complaint
4/27/2018	Plaintiffs	Amended Summons in A Civil Action
4/26/2018	Plaintiffs	Notice of Appearance of Sean A. Brady for Plaintiffs
4/26/2018	Plaintiffs	Plaintiffs’ Notice of Related Cases
4/26/2018	Plaintiffs	Summons in A Civil Action
4/26/2018	Plaintiffs	Civil Cover Sheet
4/26/2018	Plaintiffs	Complaint for Declaratory and Injunctive Relief