Wiese v. Becerra

Case Name: William Wiese, Jeremiah Morris, Lance Cowley, Sherman Macaston, Frank Federeau, Alan Normandy, Todd Nielsen, The Calguns Foundation, Firearms Policy Coalition, Firearms Policy Foundation, Second Amendment Foundation v. Xavier Becerra, in his official capacity as Attorney General of California, Martha Supernor, in her official capacity as Acting Chief of the Department of Justice Bureau of Firearms

Case No.: 2:17-cv-00903-WBS-KJN

 
United States District Court, Eastern District of California
Filing Date Filing Party Document Description
9/8/2023 Plaintiffs Plaintiffs’ Amended Reply in Support of Motion for Summary Judgment and in Opposition to Defendants’ Counter Motion for Summary Judgment
8/18/2023 Defendants Defendants’ Amended Notice of Counter-Motion for Summary Judgment

Amended Opposition to Plaintiffs’ Motion for Summary Judgment and Counter-Motion for Summary Judgment

Appendix

Statement of Disputed Facts

Statement of Undisputed Facts

Proposed Order

Declaration of Robert L. Meyerhoff

Supplemental Declaration of Lucy P. Allen

Declaration of Dennis Baron

Declaration of Ryan Busse

Declaration of Saul Cornell

Declaration of Brian DeLay

Supplemental Declaration of John J. Donohue

Declaration of Louis Klarevas

Declaration of Brennan Rivas

Declaration of Randolph Roth

Declaration of Robert Spitzer

Declaration of Kevin Sweeney

Declaration of Craig Tucker

Declaration of Michael Vorenberg

Certificate of Service

7/21/2023 Court Order on Stipulation regarding Deposition Scheduling
7/21/2023 All Parties Stipulation regarding Deposition Scheduling

Proposed Order

6/27/2023 Court Order re Discovery
6/23/2023 Plaintiffs Plaintiffs’ Response to Defendant’s Request for Discovery
6/21/2023 Defendants Defendants’ Reply in Support of Counter-Motion for Summary Judgment
6/16/2023 Defendants Declaration of Robert L. Meyerhoff re Defendants’ Request for Discovery
6/9/2023 Court Order re Discovery
5/31/2023 Plaintiffs Plaintiffs’ Reply in Support of Motion for Summary Judgment and Opposition to Defendants’ Counter Motion for Summary Judgment

Plaintiffs’ Reply to Defendants’ Response to Statement of Disputed Facts

Plaintiffs’ Response to Defendants’ Statement of Undisputed Facts

Declaration of Raymond M. DiGuiseppe

5/5/2023 Defendants Declaration of Robert L. Meyerhoff in Support of Defendants’ Opposition to Plaintiffs’ Motion for Summary Judgment and Counter Motion for Summary Judgment

Exhibit (Declaration of Dennis Baron)

5/1/2023 Defendants Defendants’ Notice of Counter Motion for Summary Judgment

Defendants’ Opposition to Plaintiffs’ Motion for Summary Judgment and Counter Motion for Summary Judgment

Appendix

Statement of Disputed Facts

Statement of Undisputed Facts

Supplemental Declaration of Lucy P. Allen

Declaration of Ryan Busse

Declaration of Saul Cornell

Declaration of Brian DeLay

Supplemental Declaration of John J. Donohue

Declaration of Louis Klarevas

Declaration of Brennan Rivas

Declaration of Randolph Roth

Declaration of Robert Spitzer

Declaration of Kevin Sweeney

Declaration of Col. Craig Tucker

Declaration of Michael Vorenberg

Proposed Order

4/3/2023 Court Order re Stipulation re Motion for Summary Judgment
3/31/2023 Plaintiffs Plaintiffs’ Notice of Motion for Summary Judgment

Memorandum of Points and Authorities in Support of Motion

Statement of Undisputed Material Facts

Request for Judicial Notice

Declaration of George M. Lee

Declaration of William Wiese

Declaration of Jeremiah Morris

Declaration of Sherman Macaston

Declaration of Clifford W. Flores

Declaration of L.Q. Dang

Declaration of Frank Federau

Declaration of Alan Normandy

Declaration of Todd Nielsen

Declaration of Gene Hoffman

Declaration of Jeff Silvester

Declaration of Alan Gottlieb

Proposed Order

3/31/2023 Plaintiffs Notice of Change of Address of Plaintiffs’ Counsel
3/31/2023 All Parties Stipulation re: Motion for Summary Judgment

Proposed Order

1/13/2023 Court Order re Motion for Summary Judgment and Vacating Status Conference
11/4/2022 Court Order Continuing Status Conference
11/3/2022 All Parties Joint Statement re: Status Conference

Proposed Order

11/2/2022 Court Docket Text: MINUTE ORDER (TEXT ONLY): Counsel are hereby notified that the Status Conference Re Further Proceedings currently set for hearing on Monday, 11/7/2022 at 1:30 PM shall be held in person, in open court in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Counsel are required to make a personal appearance.
10/19/2022 Court Order Lifting Stay and Setting Status Conference
10/7/2022 All Parties Joint Status Report re: Duncan
8/1/2022 Defendants Notice of Appearance of Robert L. Meyerhoff for Defendants
8/28/2020 Court Order Declining to Lift Stay
8/26/2020 All Parties Joint Status Report Post Duncan

Exhibit A

4/15/2019 Plaintiffs Notice of Change of Address for Attorneys for Plaintiffs
4/2/2019 Court Order Continuing Scheduling Conference
4/1/2019 All Parties Joint Status Report

Proposed Order Continuing Scheduling Conference

3/11/2019 Defendants Defendants’ Answer to Third Amended Complaint
3/5/2019 Court Docket Text: MINUTE ORDER (TEXT ONLY): The parties are hereby notified that the Scheduling Conference set for 3/18/2019 is continued to 4/15/2019 at 01:30 PM. The parties shall meet and confer and then file a joint status report no later than 4/1/2019, to contain information as outlined in the Court’s 4 Order Re: Status (Pretrial Scheduling) Conference issued on 4/28/2017. (Kirksey Smith, K) (Entered: 03/05/2019)
2/25/2019 Court Memorandum and Order re: Motion to Dismiss Third Amended Complaint
2/19/2019 Court Docket Text: MINUTES (Text Only) for proceedings before Senior Judge William B. Shubb: MOTION HEARING held on 2/19/2019 re 95 Defendants’ Motion to Dismiss. Counsel argue. MOTION SUBMITTED. The Court shall prepare and issue a separate order. Plaintiffs’ Counsel George Lee present. Defendants’ Counsel John Echeverria present. Court Reporter: Kimberly Bennett. (Kirksey Smith, K) (Entered: 02/19/2019)
2/12/2019 Defendants Defendants’ Reply to Plaintiffs’ Opposition to Motion to Dismiss Third Amended Complaint
2/12/2019 Amicus Notice of Motion to File Amicus Brief of California Rifle & Pistol Association, Incorporated

Memorandum of Points and Authorities

Amicus Brief

Proposed Order

2/5/2019 Plaintiffs Plaintiffs’ Opposition to Motion to Dismiss Third Amended Complaint

Request for Judicial Notice

1/28/2019 Amicus Notice of Motion to File Amicus Brief of Everytown for Gun Safety

Memorandum

Amicus Brief

Appendix of Historical Laws

Proposed Order

1/18/2019 Defendants Defendants’ Motion to Dismiss Third Amended Complaint

Request for Judicial Notice

Exhibit 1 to Request for Judicial Notice

Exhibit 2 to Request for Judicial Notice

Exhibit 3 to Request for Judicial Notice

Proposed Order

11/16/2018 Court Order Lifting Stay
11/14/2018 All Parties Joint Status Report

Proposed Order Requesting Scheduling Conference

9/24/2018 Court Order Staying Case
9/24/2018 Court Docket Text: MINUTES (Text Only) for proceedings before Senior Judge William B. Shubb: STATUS CONFERENCE Re Stay of Proceedings held on 9/24/2018. Court confers with counsel re stay of action and Ninth Circuit Proceedings. Court to issue a separate order. Plaintiffs’ Counsel George Lee present. Defendants’ Counsel John Echeverria present. Court Reporter: Kelly O’Halloran. (Kirksey Smith, K) (Entered: 09/24/2018)
9/10/2018 All Parties Joint Status Report
7/30/2018 Court Transcript of Hearing on Motion to Dismiss Second Amended Complaint
7/26/2018 Court Docket Text: MINUTE ORDER (TEXT ONLY) by Relief Courtroom Deputy J. Anderson for Senior Judge William B. Shubb on 07/26/2018: The Court is in receipt of the 86 Supplement to the Joint Status Report and hereby notifies the parties a Joint Status Report shall be filed no later than 09/10/2018. (Anderson, J) (Entered: 07/26/2018)
7/25/2018 All Parties Supplement to Joint Status Report
7/20/2018 Court Order Extending Stay of Proceedings
7/16/2018 All Parties Joint Status Report

Proposed Order Extending Stay of Proceedings

6/26/2018 Plaintiffs Plaintiffs’ Transcript Order
3/23/2018 All Parties Supplement to Joint Status Report
3/23/2018 Court Order Staying Proceedings
3/12/2018 Court Order Staying Discovery
3/12/2018 All Parties Joint Status Report

Proposed Order Staying Proceedings

3/6/2018 All Parties Stipulation to Extend Time to Respond to Third Amended Complaint
2/26/2018 Plaintiffs Third Amended Complaint
2/26/2018 Court Docket Text: MINUTE ORDER (TEXT ONLY): The parties are hereby notified that the Scheduling Conference is reset for 3/26/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. A Joint Status Report shall be filed no later than 3/12/2018, and pursuant to the Court’s 4 Order Re: Status (Pretrial Scheduling) Conference filed 4/28/2017. (Kirksey Smith, K) (Entered: 02/26/2018)
2/7/2018 Court Order re: Everytown’s Motion to File Amicus Brief
2/7/2018 Court Memorandum and Order re: Motion to Dismiss Second Amended Complaint
2/5/2018 Court Docket Text: MINUTES (Text Only) for proceedings before Senior Judge William B. Shubb: MOTION HEARING held on 2/5/2018 re 61 Defendants’ Motion to Dismiss Second Amended Complaint. Counsel argue. MOTION SUBMITTED. The Court shall prepare and issue a separate order. Plaintiffs’ Counsel George Lee, Raymond DiGuiseppe present. Defendants’ Counsel Alexandra Gordon present. Court Reporter: Diane Shepard. (Kirksey Smith, K) (Entered: 02/05/2018)
1/29/2018 Defendants Defendants’ Reply to Opposition to Motion to Dismiss Second Amended Complaint
1/22/2018 Plaintiffs Plaintiffs’ Opposition to Motion to Dismiss Second Amended Complaint

Request for Judicial Notice

10/24/2017 Court Docket Text: MINUTE ORDER (TEXT ONLY): On the Court’s own motion, the parties are hereby notified that hearing on the 62 Motion For Leave For Everytown To Participate As Amicus Curiae is continued from 11/6/2017 to 2/5/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kirksey Smith, K) (Entered: 10/24/2017)
10/18/2017 Defendants Order Continuing Hearing on Defendants’ Motion to Dismiss Second Amended Complaint
10/16/2017 All Parties Stipulation re: Continuance of Hearing Date on Defendants’ Motion to Dismiss Second Amended Complaint

Proposed Order

10/16/2017 Plaintiffs Notice of Change of Address for Attorneys for Plaintiffs
10/11/2017 Court Order re: Continuing Hearing and Briefing on Motion to Dismiss Second Amended Complaint
10/10/2017 All Parties Stipulation and Proposed Order to Continue Hearing and Briefing on Motion to Dismiss Second Amended Complaint
10/4/2017 Amicus Notice of Motion of Everytown for Gun Safety to File Amicus Brief

Memorandum

Amicus Brief

Proposed Order

9/27/2017 Defendants Defendants’ Motion to Dismiss Second Amended Complaint

Request for Judicial Notice

Proposed Order

8/28/2017 Court Docket Text: MINUTES (Text Only) for proceedings before Senior Judge William B. Shubb: SCHEDULING CONFERENCE held on 8/28/2017. Court confers with counsel re possible stay of action and discovery status. Court sets briefing on defendants’ motion to dismiss as follows: 1) Defendants’ brief to be filed by 9/27/2017; 2) Plaintiffs’ response due by 10/18/2017; 3) Defendants’ reply due by 10/25/2017; and 4) Motion Hearing is set for 11/6/2017 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Plaintiffs’ Counsel George Lee present. Defendants’ Counsel Alexandra Gordon, Marc LeForestier present. Court Reporter: Cathie Bodene. (Kirksey Smith, K) (Entered: 08/28/2017)
8/16/2017 Plaintiffs Second Amended Complaint
8/15/2017 Court Order re: Filing Second Amended Complaint
8/14/2017 All Parties Joint Status Report
7/31/2017 Court Order re: Notice of Appeal Filed in Duncan
7/27/2017 Plaintiffs Notice of Lodging Plaintiffs’ Proposed Second Amended Complaint

Proposed Second Amended Complaint

7/17/2017 Court Order re: Filing Second Amended Complaint
7/14/2017 All Parties Stipulation and Proposed Order re: Filing Second Amended Complaint
6/29/2017 Court Memorandum and Order re: Motion for Preliminary Injunction
6/29/2017 Court Docket Text: MINUTES (Text Only) for proceedings before Senior Judge William B. Shubb: MOTION HEARING held on 6/29/2017 re 28 Plaintiffs’ Renewed Motion for Issuance of a Preliminary Injunction. Counsel argue. MOTION SUBMITTED. The Court shall prepare and issue a separate order. Plaintiffs’ Counsel George Lee, Ray DiGuiseppe, Anthony Schoenberg (Movant) present. Defendants’ Counsel Alexandra Gordon, John Echeverria present. Court Reporter: Cathie Bodene. (Kirksey Smith, K) (Entered: 06/29/2017)
6/23/2017 Plaintiffs Supplemental Memorandum in Support of Plaintiffs’ Motion for Preliminary Injunction

Supplemental Request for Judicial Notice

6/23/2017 Amicus Notice of Motion to File Amicus Brief of Law Center to Prevent Gun Violence

Memorandum of Points and Authorities

Amicus Brief

Proposed Order

6/23/2017 Defendants Defendants’ Supplemental Opposition to Motion for Preliminary Injunction

Declaration of John D. Echeverria

6/19/2017 Court Order Granting Extension to Respond to Complaint
6/16/2017 Court Order re: Motion for Temporary Restraining Order
6/16/2017 Court Docket Text: MINUTES (Text Only) for proceedings before Senior Judge William B. Shubb: MOTION HEARING held on 6/16/2017 re 28 Plaintiffs’ Renewed Motion for Temporary Restraining Order and Issuance of Preliminary Injunction. Counsel argue. Court DENIES 28 Plaintiffs’ Motion for Temporary Restraining Order and sets hearing on 28 Plaintiffs’ Motion for Preliminary Injunction for 6/29/2017 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. *Simultaneous briefs shall be filed no later than 6/23/2017 by 12:00 PM (Noon). Court to prepare and issue a separate order. Plaintiffs’ Counsel George Lee present. Defendants’ Counsel Alexandra Gordon, John Echeverria present. Court Reporter: Jennifer Coulthard. (Kirksey Smith, K) *Modified on 6/16/2017 (Kirksey Smith, K). (Entered: 06/16/2017)
6/15/2017 Court Docket Text: MINUTE ORDER (TEXT ONLY): All requests to appear by telephone at the scheduled motion hearing set Friday, 6/16/2017 at 10:00 AM are DENIED.
6/15/2017 All Parties Stipulation for Extension to Respond to Complaint
6/15/2017 Defendants Defendants’ Opposition to Renewed Motion for Temporary Restraining Order and Issuance of Preliminary Injunction

Request for Judicial Notice

Declaration of Professor John J. Donohue

Declaration of Lucy P. Allen

Declaration of Daniel W. Webster

Declaration of Blake Graham

Declaration of Alexandra Robert Gordon

Exhibits 1-6 to Declaration of Alexandra Robert Gordon

Exhibits 7-17 to Declaration of Alexandra Robert Gordon

Exhibits 18-20 to Declaration of Alexandra Robert Gordon

Exhibits 21-28 to Declaration of Alexandra Robert Gordon

Exhibits 29-34 to Declaration of Alexandra Robert Gordon

Exhibits 35-38 to Declaration of Alexandra Robert Gordon

Exhibits 39-42 to Declaration of Alexandra Robert Gordon

Exhibits 43-54 to Declaration of Alexandra Robert Gordon

Exhibits 55-64 to Declaration of Alexandra Robert Gordon

6/14/2017 Plaintiffs Request for Telephonic Appearance of Raymond M. DiGuiseppe at Hearing on Plaintiff’s Renewed Motion for Temporary Restraining Order and Issuance of Preliminary Injunction

Proposed Order

6/14/2017 Court Docket Text: MINUTE ORDER (TEXT ONLY): The Court HEREBY ORDERS hearing on 28 Plaintiffs’ Renewed Motion for Temporary Restraining Order and Issuance of Preliminary Injunction set Friday, 6/16/2017 at 10:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Defendants’ response shall be filed no later than 12:00 PM (Noon) on Thursday, 6/15/2016.
6/14/2017 Plaintiffs Notice of Renewed Motion for Temporary Restraining Order and Issuance of Preliminary Injunction

Memorandum of Points and Authorities

Request for Judicial Notice

Declaration of William M. Wiese Jr.

Declaration of Sherman Macaston

Declaration of Massad Ayoob

Declaration of Luong Q. Dang

Declaration of Lance Cowley

Declaration of Jeremiah Morris

Declaration of James Curcuruto

Declaration of George M. Lee

Declaration of D. Allen Youngman

Declaration of Clifford W. Flores

Declaration of Carlisle E. Moody

Temporary Restraining Order Checklist

Proposed Order

6/14/2017 Plaintiffs Notice of Appearance of Raymond M. DiGuiseppe for Plaintiffs
6/14/2017 Defendants Notice of Appearance of John D. Echeverria for Defendants
6/13/2017 Court Order Denying Motion for Temporary Restraining Order
6/13/2017 Plaintiffs Supplemental Declaration of George M. Lee
6/12/2017 Plaintiffs Notice of Motion for Temporary Restraining Order and Issuance of Preliminary Injunction

Memorandum of Points and Authorities

Request for Judicial Notice

Declaration of William M. Wiese Jr.

Declaration of Sherman Macaston

Declaration of Massad Ayoob

Declaration of Luong Q. Dang

Declaration of Lance Cowley

Declaration of Jeremiah Morris

Declaration of James Curcuruto

Declaration of George M. Lee

Declaration of D. Allen Youngman

Declaration of Clifford W. Flores

Declaration of Carlisle E. Moody

Proposed Order

Certificate of Service

6/5/2017 Plaintiffs Plaintiffs’ Corporate Disclosure Statement
6/5/2017 Plaintiffs First Amended Complaint
5/22/2017 All Parties Stipulation re: Extension to Respond to Complaint
5/18/2017 Defendants Notice of Appearance of Alexandra R. Gordon for Defendant
4/28/2017 Court Order re: Status Conference
4/28/2017 Plaintiffs Complaint

Civil Cover Sheet

Summons