Search

Articles

04/22/2017 - Supreme Court Math and Concealed Carry in Peruta v. California

04/14/2017 - Federal Judge Upholds Nonexistent Gun Ban

04/12/2017 - Concealed Carry, Incest, Gay Marriage and the Supreme Court

04/05/2017 - Justice Neil Gorsuch and the Second Amendment

3/29/2017 - The Next Second Amendment Handgun Carry Case to Go Down in Flames

3/28/2017 - Federal Judge Tells NRA to Put Up or Shut Up in Open Carry Lawsuit

3/22/2017 - Supreme Court Justice Sotomayor Finally Recognizes the Second Amendment

3/13/2017 - Another Second Amendment Appeal Shot-Down by the 9th Circuit

3/10/2017 - US Supreme Court to Decide Concealed Carry Petition in Two Weeks

3/5/2017 - The Florida Supreme Court Just Handed The US Supreme Court a Second Amendment Case It Can’t Refuse

2/23/2017 - California Asks Supreme Court to Wait For Nichols v. Brown Open Carry Appeal

2/15/2017 - NRA Got Spanked for Valentine’s Day!

2/3/2017 - President Trump’s Supreme Court Nominee Neil Gorsuch

1/24/2017 -A Concealed Carry Case SCOTUS Can’t Refuse

1/23/2017 -President Trump’s Judicial Opportunity and Conundrum

1/13/2017 -NRA Tells Supreme Court Open Carry is Perverse

1/11/2017 - NRA Drops Supreme Court Concealed Carry Appeal

12/30/2016 - NRA Asks US Supreme Court To Hear Two Concealed Carry Lawsuits

12/10/2016 - National Concealed Carry Snake Oil Law Will Fail

11/29/2016 - What Lies Ahead for the Second Amendment?

11/10/2016 - The Second Amendment and President Trump

10/03/2016 - A Federal 9th Circuit Judge Finally Finds a Right to Bear Arms in Public

9/28/2016 - Are You Protected by the Fourth Amendment if You Carry a Firearm?

9/20/2016 - Two Concealed Carry Cases Fire Blanks in U.S. Court of Appeals for the District of Columbia Circuit

9/8/2016 - Another Second Amendment Appeal Crashing and Burning in 9th Circuit

8/24/2016 - Concealed Carry Snake Oil and Kool-Aid Peddlers Leave Town for DC

8/18/2016 - The NRA Files Legal Challenge To California Open Carry Bans – But Not Really

8/17/2016 - The Battle for the Second Amendment Moves to Hawaii

8/15/2016 - There is No Right to Concealed Carry – 9th Circuit Denies Full Court Petitions

8/5/2016 - Did California Lie to 11 Federal Judges in Second Amendment Lawsuits?

7/15/2016 - God Save The US From The Second Amendment Lawyers

7/8/2016 - NRA Segregation Now, Tomorrow, and Forever Position Must Fail

7/4/2016 - Try Recalling California’s Anti-Gun Politicians Before Starting Your Revolution

6/27/2016 - NRA Head Wayne LaPierre Really, Really Hates the Second Amendment

6/24/2016 - Judges Who Uphold Bans on Concealed Carry Are Not the Same as Judges Who Look the Other Way When Police Murder People in the Street

6/15/2016 - Where is the NRA’s California Open Carry Lawsuit?

6/13/2016 - What’s Next for the Right to Carry Firearms in Public?

6/8/2016 - Florida Supreme Court Justices Voice Contempt for the Second Amendment

6/5/2016 - Florida Supreme Court to Hear Second Amendment Carry Case with National Ramifications

5/17/2016 - The Second Amendment and the Concealed Carry Problem

5/11/2016 - Federal Court of Appeals Goes Berserk During Second Amendment Gun Case Hearing

5/10/2016 - California Supreme Court Shoots Itself In Foot Over Gun Case

4/25/2016 - Second Amendment Foundation Files Another Concealed Carry Lawsuit: May Backfire

4/13/2016 - Has the NRA Come to Bury the Second Amendment or to Defend It? -

4/6/2016 - Second Amendment Must Wait A Bit Longer In 9th Circuit

3/26/2016 - Concealed Carry of Concealable Firearm in a Vehicle Now a Crime of Moral Turpitude

3/21/2016 - Supreme Court decision wasn’t about stun guns – It was about the Second Amendment decision in District of Columbia v. Heller which is bad news for concealed carry

3/7/2016 - How to Stop Anti-Gun Bills in California from Becoming Law

3/3/2016 - The California Supreme Court Case Which Could Upend the Gun-Groups Concealed Carry Lawsuits

2/24/2016 - The Second Amendment - Checkmate in Four Moves?

2/10/2016 - Why California's Waiting Period to Purchase a Firearm Will Be Upheld

2/3/2016 - Florida House of Representatives Passes Handgun Open Carry Bill

1/27/2016 - The NRA Thinks Not Getting Caught In A Lie Is The Same Thing As Telling The Truth

12/11/2015 - Why Were the San Bernardino Shooting Victims Unarmed?

11/20/2015 - Attorney Alan Gura May Have Fumbled Another Second Amendment Case

11/20/2015 - HELP WANTED: Competent Second Amendment Lawyer - Inquire Within

11/9/2015 - The Supreme Court may have Finally Found its Next Second Amendment Case

9/2/2015 - Full Derp Battle over Concealed Carry in District of Columbia

9/1/2015 - National Rifle Association Drops Lawsuit against San Francisco

8/31/2015 - The Future of the Second Amendment in California and Hawaii

8/25/2015 - Yes, America, the Second Amendment is a Universal Right!

8/14/2015 - Will this be the Supreme Court’s Next Second Amendment Case?

7/3/2015 - The Future of Open Carry in California Looks Bright

6/16/2015 - State of California Concedes Second Amendment Extends Outside the Home

6/8/2015 - The Second Amendment is Now in the Hands of these Eleven Judges

6/8/2015 - Supreme Court Won’t Hear Second Amendment Cases Until there is a Circuit Split

5/29/2015 - NRA Opposes Open Carry – NRA Now Takes Credit for New Texas Handgun Open Carry Law

5/26/2015 - Four Years Ago Today: Is Open Carry The Right Guaranteed By The Second Amendment

5/18/2015 - Why the Second Amendment Keeps Losing in Court

5/2/2015 - Black Panther Party Invades California Capitol – 48 Years Ago Today

5/1/2015 - The NRA Rearranges Deck Chairs on the Titanic

4/22/2015 - Chief Judge of 9th Circuit Court of Appeals Grants Motion of Lone Voice Defending the Second Amendment Open Carry Right

4/11/2015 - An Open Letter to the Orange County Register's Editorial on Concealed Carry

4/03/2015 - Another Shoe Drops on the California Concealed Carry Lawsuits

2/27/2015 - Federal Judge Says No Second Amendment Right To Own Firearms

12/6/2014 - The First Shoe Drops On California Concealed Carry Lawsuits

11/30/2014 - Open Carry Gunfight At The California Corral: Start Of Year Four

11/30/2014 - California Open Carry Gunfight Begins Its Fourth Year

11/12/2014 - California Concealed Carry Permits - The Fat Lady Still Hasn’t Sung in Peruta v. San Diego

10/17/2014 - It may be Legal to Carry a Handgun in the Nation’s Capitol by Christmas

10/3/2014 - Another California Concealed Carry Lawsuit Loses before a Federal Judge

8/18/2014 - District of Columbia asks Court for More Time to Enact New Handgun Carry Ban

8/13/2014 - California Concealed Carry Case Peruta v. San Diego – Poised to Move or Stuck in the Mud?

7/30/2014 - Federal Judge Reluctantly Stays his Ruling in DC Handgun Ban

7/28/2014 - The DC Handgun Carry Decision – Throwing Victory into the Jaws of Defeat

7/26/2014 - Ban on Carrying Firearms in Public is Unconstitutional says DC Judge

7/21/2014 - The non-repeal of D.C., Gun-Control

7/2/2014 - US Supreme Court Still Silent On Second Amendment

6/28/2014 - Federal Judge Says Minorities Barred From Bringing Civil Rights Lawsuits

6/7/2014 - The NRA Supports Open Carry Except When The NRA Opposes Open Carry

6/2/2014 - NRA Lawyer Says California Concealed Carry Decision Likely To Be Overturned

6/1/2014 - NRA leadership Comes Out Of The Closet In Its Opposition To Open Carry

Please donate $10, $25, $50 or $100 to the legal fund to restore your right to openly carry a loaded firearm in California.

Click here to donate to the legal fund

(Credit or Debit cards – Visa, Mastercard, Amex, Discover or eCheck)

Please donate $10, $25, $50 or $100 to the fight to restore your right to openly carry a loaded firearm in California.

Click here to donate.

(Credit or Debit cards – Visa, Mastercard, Amex, Discover or eCheck)

1AdtAJfcdBkA777fwtVhmCwSwCKGTFrgGz Press@CaliforniaRightToCarry.org

Raulinaitis v. Ventura County Sheriff - Concealed Carry - Appeal - 14-56615

Share

Sigitas Raulinaitis v. Ventura County Sheriffs Department – 2:13-cv-02605-MAN – A concealed carry case.  

It has been 1476 days since this case was filed!

It has been 926 days since the appeal was filed!

No reply brief was filed.  It has been 508 days since the answering brief was filed!

It has been 226 days since the last paper briefs were filed!

Appeal No.: 14-56615

This is an as-applied concealed carry case in which residency played an important role.  The plaintiff, Raulinatis, has another case on appeal in which he was denied a CCW in Los Angeles.  That case is stayed pending a final decision in Peruta v. San Diego.  His attorney is Jon Birdt so we all pretty much know how this case is going to turn out, even if it were not a concealed carry case.

Jon Birdt train wreck

Transcripts due: on or before  June 29, 2015.

Opening Brief  due November 9, 2015 – filed on November 3, 2015.

Answering Brief due December 9, 2015 – filed on December 9, 2015.

No Reply Brief was Filed. Optional Reply Brief due: within 14 days after service of the answering brief.

On May 17, 2016 the defendant filed the following request for judicial notice in 7 parts:

27-1 RJN on Appeal

27 – 2

27 – 3

27 – 4

27 – 5

27 – 6

27 – 7

30 – Supplemental Brief by Raulinatis

32 – Supplemental Bbrief by Ventura County Sheriffs Department




You will need a Federal PACER Account in order to access the Federal docket entries below.

Update by Charles Nichols, President of California Right To Carry – April 28,  2017 –  Nothing new.

Update by Charles Nichols, President of California Right To Carry – March 31,  2017 –  Nothing new.

Update by Charles Nichols, President of California Right To Carry – February 28,  2017 –  Nothing new.

Update by Charles Nichols, President of California Right To Carry – January 25,  2017 –  Nothing new.

Update by Charles Nichols, President of California Right To Carry – December 30,  2016 –  Nothing new.

Update by Charles Nichols, President of California Right To Carry – December 22,  2016 –  Nothing new.

Update by Charles Nichols, President of California Right To Carry – November 30,  2016 –  Nothing new.

Update by Charles Nichols, President of California Right To Carry – October 31,  2016 –  Nothing new.

Update by Charles Nichols, President of California Right To Carry – October 7,  2016 –  Nothing new.

Update by Charles Nichols, President of California Right To Carry – September 30,  2016 –  Nothing new.

Update by Charles Nichols, President of California Right To Carry – September 20,  2016 –  Supplemental briefs (paper copies) of Ventura County filed.

09/16/2016  35 Received 7 paper copies of Supplemental Brief [32] filed by Ventura County Sheriffs Department. [10126547] (SD) [Entered: 09/16/2016 02:03 PM]

Update by Charles Nichols, President of California Right To Carry – September 14,  2016 –  Shortly after my last update supplemental briefs were ordered and subsequently filed.  Although the plaintiff in this case did not seek to carry a Taser, the Sheriff argued in his supplemental brief that Tasers are not firearms and can therefore be carried without a permit.  I made the same argument to the Appellees in my California Open Carry case (where I do seek to openly carry a Taser) and yet Governor Brown and Attorney General Harris refused to stipulate that modern Tasers are not firearms and can therefore be openly carried without a permit.  Until we have a Federal (or state court) decision which holds that modern Tasers are not firearms and can therefore be carried openly (or for that matter concealed) then you cannot rely on the Sheriff’s argument, not even in Ventura County.

30 – Supplemental Brief by Raulinatis

32 – Supplemental Bbrief by Ventura County Sheriffs Department

08/23/2016  29  Filed clerk order (Deputy Clerk: HL): The parties are ordered to provide supplemental briefs in light of the en banc decision in Peruta v. County of San Diego, No. 10-56971 and Richards v. Prieto, No. 11-16255. Briefs shall be no longer than twenty (20) pages and shall be filed within twenty-one (21) days of this order. [10097928] (AF) [Entered: 08/23/2016 04:12 PM]
08/31/2016  30  Submitted (ECF) Supplemental Brief for review. Submitted by Appellant Sigitas Raulinaitis. Date of service: 08/31/2016. [10107567] [14-56615]–[COURT UPDATE: Attached corrected brief and certificate of service. 09/02/2016 by SLM] (Birdt, Jonathan) [Entered: 08/31/2016 06:17 AM]
09/02/2016  31  Filed clerk order: The supplemental brief [30] submitted by Sigitas Raulinaitis is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: tan. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate CM/ECF. [10111454] (SML) [Entered: 09/02/2016 11:03 AM]
09/12/2016  32  Submitted (ECF) Supplemental Brief for review. Submitted by Appellee Ventura County Sheriffs Department. Date of service: 09/12/2016. [10119306] [14-56615] (Porche, Marina) [Entered: 09/12/2016 09:55 AM]
09/12/2016  33 Received 7 paper copies of Supplemental Brief [30] filed by Sigitas Raulinaitis. [10120169] (SD) [Entered: 09/12/2016 02:25 PM]
09/14/2016  34  Filed clerk order: The supplemental brief [32] submitted by Ventura County Sheriffs Department is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: tan. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate CM/ECF. [10123824] (ANL) [Entered: 09/14/2016 03:42 PM]

Update by Charles Nichols, President of California Right To Carry – August 18,  2016 –  Nothing new.

Update by Charles Nichols, President of California Right To Carry – August 5,  2016 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – July 29,  2016 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – July 1,  2016 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – June 27,  2016 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – June 24,  2016 – The Pertua/Richards petitions to have their cases reheard before a full en banc court is going to delay issuance of the mandate which, in turn, is going to delay the dismissal of these concealed carry lawsuits.

Update by Charles Nichols, President of California Right To Carry – June 10,  2016 – Nothing significant today.  We should expect a motion to sink this appeal sometime by the end of next week.

06/10/2016  28 Terminated Jeffrey Held for Ventura County Sheriffs Department in 14-56615; in light of the motion to substitute counsel. [10009463] (EU) [Entered: 06/10/2016 08:07 AM]

Update by Charles Nichols, President of California Right To Carry – May 27,  2016 – A curious thing happened since my last update.  The defendant filed a substantial number of pages regarding the legislative history of California’s concealed carry law dating back to 1965.  I’m not surprised that the legislative history dating back to 1923 was not included given that the purpose of the Act of 1923 was to prohibit Latinos and Chinese from even possessing concealable firearms, let alone carrying them in public (openly or concealed).  Racially motivated criminal laws, even those which would otherwise be lawful, are unconstitutional especially if they have been disproportionately enforced as California’s carry laws have been.  But some folks just gotta have a concealed carry permit instead of seeking to strike down the law.  I have made the documents available above the fold.  Document 27-6 is particularly large and may have to be downloaded locally before viewing.

05/17/2016  27  Filed (ECF) Appellee Ventura County Sheriffs Department Motion to take judicial notice of legislative history cited in the district court. Date of service: 05/17/2016. [9979875] [14-56615] (Porche, Marina) [Entered: 05/17/2016 01:46 PM]

Update by Charles Nichols, President of California Right To Carry – April 29,  2016 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – April 24,  2016 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – March 25,  2016 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – March 11,  2016 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – February 29,  2016 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – February 2,  2016 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – January 4,  2016 – The plaintiff’s attorney (Jon Birdt) in this case did not file a Reply Brief.  No matter, he wasn’t going to win regardless.

Update by Charles Nichols, President of California Right To Carry – December 22,  2015 – Recent activity:

12/14/2015  25 Received 7 paper copies of Answering brief [19] filed by Ventura County Sheriffs Department. [9791281] (SD) [Entered: 12/14/2015 01:47 PM]
12/14/2015  26 Filed Appellee Ventura County Sheriffs Department paper copies of excerpts of record [20] in 2 volumes (Volume II UNDER SEAL). [9793448] (LA) [Entered: 12/15/2015 02:32 PM]

Update by Charles Nichols, President of California Right To Carry – December 13,  2015 – Recent activity:

12/09/2015  19  Submitted (ECF) Answering Brief for review. Submitted by Appellee Ventura County Sheriffs Department. Date of service: 12/09/2015. [9785698] [14-56615] –[COURT UPDATE: Attached corrected brief. 12/10/2015 by TYL] (Porche, Marina) [Entered: 12/09/2015 12:10 PM]
12/09/2015  20  Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Ventura County Sheriffs Department. Date of service: 12/09/2015. [9785708] [14-56615] (Porche, Marina) [Entered: 12/09/2015 12:13 PM]
12/09/2015  21 COURT DELETED INCORRECT ENTRY. Notified counsel to file in paper format. Notice about deletion sent to case participants registered for electronic filing. Original Text: Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Ventura County Sheriffs Department. Date of service: 12/09/2015. [9785713] [14-56615] (Porche, Marina) [Entered: 12/09/2015 12:16 PM]
12/10/2015  22  Filed clerk order: The answering brief [19] submitted by Ventura County Sheriffs Department is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the supplemental excerpts of record [20] submitted by Ventura County Sheriffs Department. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [9787847] (LA) [Entered: 12/10/2015 02:06 PM]
12/10/2015  23  Received Appellee Ventura County Sheriffs Department notice of filing supplemental excerpts of record Volume II under seal, with DC protective order attached. [9789012] (LA) [Entered: 12/11/2015 11:33 AM]
12/10/2015  24 Received UNDER SEAL Appellee Ventura County Sheriffs Department supplemental excerpt of record Volume II. Served on 12/09/2015. Deficiency/reason not filed: waiting for paper copies of Volume I. [9789018] (LA) [Entered: 12/11/2015 11:35 AM]

Update by Charles Nichols, President of California Right To Carry – November 30,  2015 – Recent activity:

11/12/2015  18 Filed Appellant Sigitas Raulinaitis paper copies of excerpts of record [10] in 1 volume(s). [9756565] (LA) [Entered: 11/16/2015 11:28 AM]

Update by Charles Nichols, President of California Right To Carry – November 14,  2015 – Recent activity:

11/04/2015  12  Filed (ECF) notice of appearance of Marina Gatti Porche for Appellee Ventura County Sheriffs Department. Date of service: 11/04/2015. [9744077] [14-56615] (Porche, Marina) [Entered: 11/04/2015 09:00 AM]
11/04/2015  13 Added attorney Marina Gatti Porche for Ventura County Sheriffs Department, in case 14-56615. [9744143] (CW) [Entered: 11/04/2015 09:32 AM]
11/04/2015  14  Filed (ECF) Appellee Ventura County Sheriffs Department Motion to substitute counsel. Date of service: 11/04/2015. [9744166] [14-56615] (Porche, Marina) [Entered: 11/04/2015 09:40 AM]
11/06/2015  15  Filed clerk order: The opening brief [11] submitted by Sigitas Raulinaitis is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: blue. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the excerpts of record [10] submitted by Sigitas Raulinaitis. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [9748335] (LA) [Entered: 11/06/2015 04:49 PM]
11/12/2015  16 Deleted Incorrect Entry * No NDA sent – Original Text: Received 7 paper copies of Opening brief [11] filed by Sigitas Raulinaitis. [9754051] (SD) [Entered: 11/12/2015 03:49 PM]
11/12/2015  17 Received 7 paper copies of Opening brief [11] filed by Sigitas Raulinaitis. [9754190] (SD) [Entered: 11/12/2015 04:33 PM]

Update by Charles Nichols, President of California Right To Carry – November 3,  2015 – The appellant opening brief has been filed along with the Excerpts of Record.  This is a another failed concealed carry case in which the attorney who wrote the brief correctly pointed out that the appeal will be reviewed “de novo” by the court of appeals.  Unfortunately, the lawyer who wrote this brief does not appear to understand what a de novo review entails or what is required for a properly prepared appellate brief.  Oddly enough, the plaintiff in this case is also an attorney.  One would think between the two of them they would have done better.  If you read the Appellant Opening Brief, keep in mind that the only thing the court of appeals knows about the case is what appears in the appellate briefs and any constitutional issue not raised in the opening brief is forfeited on appeal.  Unlike parties who represent themselves (pro se), who are theoretically granted a lot of slack in civil cases, parties who are represented by lawyers (in either civil are criminal cases) are screwed if they have a lawyer who doesn’t know what he is doing.

Judges are not required to do their own research in order to figure out what a case is about.  If I were a judge on the court of appeals, I would conclude this is a case about the statutory construction of residency for a state license and do what was done in the Osterweil v. Bartlett case out of New York where the 2nd Circuit Court of Appeals handed the case off to the State of New York to first settle the residency question before deciding on the Federal issue.  Assuming I was in a good mood that is, otherwise I would issue an opinion in favor of the county.

11/03/2015  10  Submitted (ECF) excerpts of record. Submitted by Appellant Sigitas Raulinaitis. Date of service: 11/03/2015. [9742297] [14-56615] (JB) [Entered: 11/03/2015 08:02 AM]
11/03/2015  11  Submitted (ECF) Opening Brief for review. Submitted by Appellant Sigitas Raulinaitis. Date of service: 11/03/2015. [9742434] [14-56615] (JB) [Entered: 11/03/2015 09:18 AM]

Update by Charles Nichols, President of California Right To Carry – October 29,  2015 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – July 16,  2015 – The clerk apparently didn’t want to waste anymore time waiting for a proper motion and so it construed Birdt’s letter as a motion to stay and granted a stay.

07/14/2015  9  Filed clerk order (Deputy Clerk: CAG): The appellant’s correspondence is construed as a motion to stay appellate proceedings. So construed, the motion is granted. This appeal is stayed until November 9, 2015. On or before the expiration of the stay, the appellant shall file the opening brief, or file a status report and a motion for appropriate relief. If the appellant files the opening brief, the answering brief shall be due December 9, 2015, and the reply brief shall be due within 14 days after service of the answering brief. Failure to file a status report shall terminate the stay. [9609208] (AF) [Entered: 07/14/2015 10:19 AM]

Update by Charles Nichols, President of California Right To Carry – July 10,  2015 – No action by the court on the attorney’s request for a stay.  I’m not sure what the court will do given that they had already told the attorney “that all requests for relief must be submitted in the form of a motion pursuant to Federal Rule of Appellate Procedure 27(a).” and his request for a stay filed on June 29 was not a motion for a stay as required by the Federal Rules of Appellate Procedure.  Also, transcripts were due on June 29, 2015.  There is no record of the transcripts being filed.

Update by Charles Nichols, President of California Right To Carry – June 30,  2015 – Yesterday, the attorney (Jon Birdt) filed a letter with the clerk requesting a stay (it should have been a motion) which the Clerk is apparently treating as a motion to stay.

06/29/2015  7 COURT DELETED INCORRECT ENTRY. Incorrect ECF filing. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [8]. Original Text: Filed (ECF) Appellant Sigitas Raulinaitis Correspondence: Request to stay Appeal pending Peruta.. Date of service: 06/29/2015 [9590909] [14-56615] (JB) [Entered: 06/29/2015 08:12 AM]
06/29/2015  8  Filed (ECF) Appellant Sigitas Raulinaitis Motion to stay proceedings. Date of service: 06/29/2015. [9591082] –[COURT ENTERED FILING to correct entry [7] .] (TYL) [Entered: 06/29/2015 09:31 AM]

Update by Charles Nichols, President of California Right To Carry – June 1,  2015 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – May 13,  2015 – This is the current docket.

10/07/2014  1  DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 10/14/2014. Transcript ordered by 11/05/2014. Transcript due 02/03/2015. Appellant Sigitas Raulinaitis opening brief due 03/16/2015. Appellee Ventura County Sheriffs Department answering brief due 04/15/2015. Appellant’s optional reply brief is due 14 days after service of the answering brief. [9268000] (JN) [Entered: 10/07/2014 10:22 AM]
10/11/2014  2  Filed (ECF) Appellant Sigitas Raulinaitis Mediation Questionnaire. Date of service: 10/10/2014. [9274449] (JB) [Entered: 10/11/2014 01:56 PM]
10/20/2014  3  Filed Mediation order: This case is NOT SELECTED for inclusion in the Mediation Program. Counsel may contact circuit mediator to discuss services available through the court’s mediation program, to request a settlement assessment conf, or to request a stay of the appeal for settlement purposes. Also, upon agreement of the parties, the brfing sch can be modified or vacated to facilitate settlement discussions. Csl are requested to send copies of this order to their clients. Info regarding the mediation program may be found at www.ca9.uscourts.gov/mediation. [9282876] (VS) [Entered: 10/20/2014 01:49 PM]
02/25/2015  4 COURT DELETED INCORRECT ENTRY. Incorrect ECF filing. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [5]. Original Text: Filed (ECF) Appellant Sigitas Raulinaitis Correspondence: Request to reset dates for ordering transcript.. Date of service: 02/25/2015 [9434156] [14-56615] (JB) [Entered: 02/25/2015 11:13 AM]
02/25/2015  5  Filed (ECF) Appellant Sigitas Raulinaitis Motion to extend the time to file appellant designation of reporters transcript. Date of service: 02/25/2015. [9434722] –[COURT ENTERED FILING to correct entry [4] .] (TL) [Entered: 02/25/2015 01:53 PM]
02/26/2015  6  Filed clerk order (Deputy Clerk: CAG):The court is in receipt of the appellant’s letter of February 25, 2015. Counsel is reminded that all requests for relief must be submitted in the form of a motion pursuant to Federal Rule of Appellate Procedure 27(a). The appellant’s letter request is construed as a motion to file a late designation of transcripts. On or before March 30, 2015, the appellant shall designate the transcripts. The court reporter(s) shall file the transcripts with the district court on or before June 29, 2015. Counsel for appellant shall provide the appropriate court reporter(s) with a copy of this order. The opening brief is due August 10, 2015. The answering brief is due September 9, 2015; and the optional reply brief is due within 14 days after service of the answering brief. [9436714] (AF) [Entered: 02/26/2015 01:25 PM]

Update March 17, 2015 – The briefing schedule has changed.

General Docket
United States Court of Appeals for the Ninth Circuit
Court of Appeals Docket #: 14-56615 Docketed: 10/07/2014
Nature of Suit: 3440 Other Civil Rights
Sigitas Raulinaitis v. Ventura County Sheriffs Dept.
Appeal From: U.S. District Court for Central California, Los Angeles
Fee Status: Paid
Case Type Information:
     1) civil
     2) private
     3) null
Originating Court Information:
     District: 0973-2 : 2:13-cv-02605-MAN
     Court Reporter: Blanca Carvajal, Manager
     Trial Judge: Margaret A. Nagle, Magistrate Judge
     Date Filed: 04/15/2013
     Date Order/Judgment:      Date Order/Judgment EOD:      Date NOA Filed:      Date Rec’d COA:
     09/30/2014      10/01/2014      10/06/2014      10/06/2014

10/07/2014  1  DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 10/14/2014. Transcript ordered by 11/05/2014. Transcript due 02/03/2015. Appellant Sigitas Raulinaitis opening brief due 03/16/2015. Appellee Ventura County Sheriffs Department answering brief due 04/15/2015. Appellant’s optional reply brief is due 14 days after service of the answering brief. [9268000] (JN) [Entered: 10/07/2014 10:22 AM]
10/11/2014  2  Filed (ECF) Appellant Sigitas Raulinaitis Mediation Questionnaire. Date of service: 10/10/2014. [9274449] (JB) [Entered: 10/11/2014 01:56 PM]
10/20/2014  3  Filed Mediation order: This case is NOT SELECTED for inclusion in the Mediation Program. Counsel may contact circuit mediator to discuss services available through the court’s mediation program, to request a settlement assessment conf, or to request a stay of the appeal for settlement purposes. Also, upon agreement of the parties, the brfing sch can be modified or vacated to facilitate settlement discussions. Csl are requested to send copies of this order to their clients. Info regarding the mediation program may be found at www.ca9.uscourts.gov/mediation. [9282876] (VS) [Entered: 10/20/2014 01:49 PM]
02/25/2015  4 COURT DELETED INCORRECT ENTRY. Incorrect ECF filing. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [5]. Original Text: Filed (ECF) Appellant Sigitas Raulinaitis Correspondence: Request to reset dates for ordering transcript.. Date of service: 02/25/2015 [9434156] [14-56615] (JB) [Entered: 02/25/2015 11:13 AM]
02/25/2015  5  Filed (ECF) Appellant Sigitas Raulinaitis Motion to extend the time to file appellant designation of reporters transcript. Date of service: 02/25/2015. [9434722] –[COURT ENTERED FILING to correct entry [4] .] (TL) [Entered: 02/25/2015 01:53 PM]
02/26/2015  6  Filed clerk order (Deputy Clerk: CAG):The court is in receipt of the appellant’s letter of February 25, 2015. Counsel is reminded that all requests for relief must be submitted in the form of a motion pursuant to Federal Rule of Appellate Procedure 27(a). The appellant’s letter request is construed as a motion to file a late designation of transcripts. On or before March 30, 2015, the appellant shall designate the transcripts. The court reporter(s) shall file the transcripts with the district court on or before June 29, 2015. Counsel for appellant shall provide the appropriate court reporter(s) with a copy of this order. The opening brief is due August 10, 2015. The answering brief is due September 9, 2015; and the optional reply brief is due within 14 days after service of the answering brief. [9436714] (AF) [Entered: 02/26/2015 01:25 PM]

Update February 20, 2015 – The briefing schedule has not changed.

General Docket
United States Court of Appeals for the Ninth Circuit
Court of Appeals Docket #: 14-56615 Docketed: 10/07/2014
Nature of Suit: 3440 Other Civil Rights
Sigitas Raulinaitis v. Ventura County Sheriffs Dept.
Appeal From: U.S. District Court for Central California, Los Angeles
Fee Status: Paid
Case Type Information:
     1) civil
     2) private
     3) null
Originating Court Information:
     District: 0973-2 : 2:13-cv-02605-MAN
     Court Reporter: Blanca Carvajal, Manager
     Trial Judge: Margaret A. Nagle, Magistrate Judge
     Date Filed: 04/15/2013
     Date Order/Judgment:      Date Order/Judgment EOD:      Date NOA Filed:      Date Rec’d COA:
     09/30/2014      10/01/2014      10/06/2014      10/06/2014

10/07/2014  1  DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 10/14/2014. Transcript ordered by 11/05/2014. Transcript due 02/03/2015. Appellant Sigitas Raulinaitis opening brief due 03/16/2015. Appellee Ventura County Sheriffs Department answering brief due 04/15/2015. Appellant’s optional reply brief is due 14 days after service of the answering brief. [9268000] (JN) [Entered: 10/07/2014 10:22 AM]
10/11/2014  2  Filed (ECF) Appellant Sigitas Raulinaitis Mediation Questionnaire. Date of service: 10/10/2014. [9274449] (JB) [Entered: 10/11/2014 01:56 PM]
10/20/2014  3  Filed Mediation order: This case is NOT SELECTED for inclusion in the Mediation Program. Counsel may contact circuit mediator to discuss services available through the court’s mediation program, to request a settlement assessment conf, or to request a stay of the appeal for settlement purposes. Also, upon agreement of the parties, the brfing sch can be modified or vacated to facilitate settlement discussions. Csl are requested to send copies of this order to their clients. Info regarding the mediation program may be found at www.ca9.uscourts.gov/mediation. [9282876] (VS) [Entered: 10/20/2014 01:49 PM]

No Significant Update January 20, 2015.

Update October 6, 2014 –  Notice of Appeal filed.

Doc.
No.
Dates Description
76
Filed & Entered:   10/06/2014
Docket Text Notice of Appeal to 9th Circuit Court of Appeals

Update October 3, 2014 –  Another loss.  This case was an absolute mess from start to finish.  Ultimately, the court held that the Plaintiff was not a resident of Ventura County and therefore did not meet the residency requirement for a concealed carry permit.  The court also held that concealed carry falls outside the scope of the core Second Amendment right. The court cited both the decision by the district court in my case as well as the Peruta and Chovan appellate decisions.  A copy of the decision can be found here.  It is 49 pages long and the Second Amendment discussion does not begin until page 37.  Too add insult/injury to injury/insult the court ordered the Plaintiff to pay the Defendant costs of the lawsuit.  This is yet another case where a district court judge has held that the Peruta decision does not translate to an entitlement to a concealed carry permit even though this judge concluded that Peruta is currently “binding.”  I tried to tell folks this when the Peruta decision was released, including the lawyer for the Plaintiff in this case, but most folks believe what they want to believe with the truth notwithstanding.

Update April 24, 2014 –  The TRO has been denied.  A scheduling order has been issued.  The Sheriff will file a motion for summary judgment on August 1, 2014.

July 3, 2014 Discovery Cutoff
July 11, 2014 Discovery Motion Filing Cutoff
August 1, 2014 Summary Judgment Motion Filing Date1
October 6, 2014 Trial Briefs, Witness Lists, and Exhibits Lists due
October 8, 2014 Pretrial Conference, 10:00 a.m. (following the Court’s
review of the October 6 submissions, the parties will be
advised if this conference will be required and whether it
will proceed telephonically)
October 15, 2014 Trial, 10:00 a.m. (two days allocated)
Defendant is to advise the Court promptly, through an e-mail sent to the Chambers e-mail
address, once defendant has acted upon plaintiff’s pending application. Once the Court
learns of defendant’s decision, a Status Conference may be scheduled to discuss further
proceedings in this action.

Doc.
No.
Dates Description
51
Filed & Entered:   04/23/2014
Docket Text Notice of Withdrawal
52
Filed & Entered:   04/23/2014
Docket Text Order on Ex Parte Application for Temporary Restraining Order
50
Filed & Entered:   04/22/2014
Docket Text Discovery Hearing
49
Filed & Entered:   04/17/2014
Docket Text Minutes of In Chambers Order/Directive – no proceeding held

Update April 18, 2014 – “A continued hearing is set for 1:00 p.m. on April 22, 2014, with respect to plaintiff’s ex parte application for a temporary restraining order (“Application”). Given that the parties and the Court are waiting to hear the outcome of the Sheriff’s consideration of plaintiff’s presently pending permit application, the continued hearing on the Application is taken off calendar. Instead, at the same date and time, the Court will conduct a telephonic status conference with counsel for the parties.”

Update March 4, 2014 – Let it be a lesson to any wannabe lawyers lurking out there. If you want to file a TRO based on a recently decided case then you might want to at least wait three weeks for the mandate to issue before taking the leap.

The TRO hearing against the Ventura County Sheriff over his CCW policy was once again rescheduled by joint request of the parties to April 22, 2014.

Apparently, it will become a preliminary injunction hearing as well or at least set a date for a preliminary injunction hearing. The order was not clear.

Which is kind of odd given that the Complaint filed in the case was not for a preliminary and/or permanent injunction (as was my initial complaint but I digress) and no motion for a preliminary injunction has been filed in the case.

Long story short, until Peruta is resolved either way, nothing on the CCW front is going to happen as a result of court intervention.  It will happen because County Sheriffs and police chiefs decide to start issuing CCWs on their own.

In my experience it is rare when lawyers to both sides of a lawsuit are criticized by the presiding judge for the poor quality of their pleadings.  In fact, this CCW case out of Ventura County is the only one I am aware of where that has happened.

Here is a link to most of the briefs up to and including Dkt #47.  The links below will require a Federal PACER account.

2:13-cv-02605-MAN Sigitas Raulinaitis v. Ventura County Sheriffs Department
Margaret A. Nagle, presiding
Date filed: 04/15/2013
Date terminated: 09/30/2014
Date of last filing: 10/06/2014

History

 

Doc.
No.
Dates Description
76
Filed & Entered:   10/06/2014
Docket Text Notice of Appeal to 9th Circuit Court of Appeals
74
Filed: 09/30/2014
Entered: 10/01/2014
Docket Text Order on Motion for Summary Judgment
75
Filed: 09/30/2014
Entered: 10/01/2014
Docket Text Judgment
72
Filed & Entered:   09/04/2014
Docket Text Notice of Deficiency in Electronically Filed Documents (G-112A)
73
Filed & Entered:   09/04/2014
Docket Text Response By Court to Notice of Deficiencies (G-112B)
70
Filed & Entered:   09/03/2014
Docket Text Notice of Decision by other Court
71
Filed & Entered:   09/03/2014
Docket Text Notice of Decision by other Court
69
Filed & Entered:   08/26/2014
Docket Text Minutes of In Chambers Order/Directive – no proceeding held
68
Filed & Entered:   08/25/2014
Docket Text Notice (Other)
67
Filed & Entered:   08/22/2014
Docket Text Minutes of In Chambers Order/Directive – no proceeding held
66
Filed & Entered:   07/23/2014
Docket Text Minutes of In Chambers Order/Directive – no proceeding held
58
Filed & Entered:   06/03/2014
Docket Text Objection/Opposition (Motion related)
59
Filed & Entered:   06/03/2014
Docket Text Statement (Motion related)
60
Filed & Entered:   06/03/2014
Terminated: 09/30/2014
Docket Text Motion for Summary Judgment
61
Filed & Entered:   06/03/2014
Docket Text Statement (Motion related)
62
Filed & Entered:   06/03/2014
Docket Text Notice of Lodging
63
Filed & Entered:   06/03/2014
Docket Text Notice of Lodging
64
Filed & Entered:   06/03/2014
Docket Text Minutes of In Chambers Order/Directive – no proceeding held
65
Filed & Entered:   06/03/2014
Docket Text Objection/Opposition (Motion related)
56
Filed & Entered:   06/02/2014
Docket Text Stipulation for Hearing
57
Filed & Entered:   06/02/2014
Docket Text Notice of Lodging
55
Filed & Entered:   05/27/2014
Docket Text Minutes of In Chambers Order/Directive – no proceeding held
54
Filed & Entered:   05/13/2014
Docket Text Objection/Opposition (Motion related)
53
Filed & Entered:   05/12/2014
Terminated: 09/30/2014
Docket Text Motion for Summary Judgment
51
Filed & Entered:   04/23/2014
Docket Text Notice of Withdrawal
52
Filed & Entered:   04/23/2014
Docket Text Order on Ex Parte Application for Temporary Restraining Order
50
Filed & Entered:   04/22/2014
Docket Text Discovery Hearing
49
Filed & Entered:   04/17/2014
Docket Text Minutes of In Chambers Order/Directive – no proceeding held
48
Filed & Entered:   03/04/2014
Docket Text Discovery Hearing
42
Filed & Entered:   02/25/2014
Docket Text Notice of Deficiency in Electronically Filed Documents (G-112A)
43
Filed & Entered:   02/25/2014
Docket Text Stipulation to Continue
44
Filed & Entered:   02/25/2014
Docket Text Notice of Lodging
45
Filed & Entered:   02/25/2014
Docket Text MEMORANDUM in Opposition to Motion
46
Filed & Entered:   02/25/2014
Docket Text Order
47
Filed & Entered:   02/25/2014
Docket Text Notice (Other)
39
Filed & Entered:   02/24/2014
Terminated: 04/23/2014
Docket Text Ex Parte Application for Temporary Restraining Order
40
Filed & Entered:   02/24/2014
Docket Text Brief (non-motion non-appeal)
41
Filed & Entered:   02/24/2014
Docket Text Text Only Scheduling Notice
38
Filed & Entered:   02/20/2014
Docket Text Minutes of In Chambers Order/Directive – no proceeding held
37
Filed & Entered:   02/19/2014
Docket Text Response (non-motion)
36
Filed & Entered:   02/13/2014
Docket Text Minutes of In Chambers Order/Directive – no proceeding held
33
Filed & Entered:   02/12/2014
Docket Text Reply (Motion related)
34
Filed & Entered:   02/12/2014
Docket Text Notice of Deficiency in Electronically Filed Documents (G-112A)
35
Filed & Entered:   02/12/2014
Docket Text Minutes of In Chambers Order/Directive – no proceeding held
32
Filed & Entered:   02/08/2014
Docket Text Response in Opposition to Motion
29
Filed & Entered:   01/31/2014
Terminated: 04/23/2014
Docket Text Motion for Judgment on the Pleadings
30
Filed & Entered:   01/31/2014
Docket Text Request for Judicial Notice
31
Filed & Entered:   01/31/2014
Docket Text Notice of Lodging
27
Filed & Entered:   01/06/2014
Docket Text Notice (Other)
28
Filed: 12/31/2013
Entered: 01/07/2014
Docket Text Order on Motion for Summary Judgment
26
Filed & Entered:   12/03/2013
Docket Text Minutes of In Chambers Order/Directive – no proceeding held
25
Filed & Entered:   12/02/2013
Terminated: 12/03/2013
Docket Text Request for Ruling
24
Filed & Entered:   10/28/2013
Terminated: 12/03/2013
Docket Text Request for Ruling
22
Filed & Entered:   06/28/2013
Docket Text Reply (Motion related)
23
Filed & Entered:   06/28/2013
Docket Text Reply (Motion related)
21
Filed & Entered:   06/25/2013
Docket Text Notice of Under Seal Filing
20
Filed & Entered:   06/19/2013
Docket Text Reply (Motion related)
19
Filed & Entered:   06/17/2013
Docket Text Order
16
Filed & Entered:   06/14/20137
Docket Text Response in Opposition to Motion
17
Filed & Entered:   06/14/2013
Docket Text Stipulation to Seal
18
Filed & Entered:   06/14/2013
Docket Text Notice of Lodging
15
Filed & Entered:   06/05/2013
Docket Text Notice of Lodging
13
Filed & Entered:   06/03/2013
Terminated: 12/31/2013
Docket Text Motion for Summary Judgment
14
Filed & Entered:   06/03/2013
Docket Text Notice of Deficiency in Electronically Filed Documents (G-112A)
12
Filed & Entered:   05/31/2013
Docket Text Order
11
Filed & Entered:   05/28/2013
Docket Text Status Report
10
Filed & Entered:   05/21/2013
Docket Text Text Only Scheduling Notice
9
Filed & Entered:   05/20/2013
Docket Text Text Only Scheduling Notice
8
Filed & Entered:   05/09/2013
Docket Text Notice from Clerk re Magistrate Judge Direct Assignment Program (CV-11) Final Consent to Proceed
5
Filed & Entered:   05/06/2013
Docket Text Answer to Complaint (Discovery)
6
Filed & Entered:   05/06/2013
Docket Text Certificate/Notice of Interested Parties
7
Filed & Entered:   05/06/2013
Docket Text Consent to Proceed (CV-11C) before US Magistrate Judge Direct Assignment Program Non-Final
4
Filed & Entered:   05/01/2013
Docket Text Consent to Proceed (CV-11C) before US Magistrate Judge Direct Assignment Program Non-Final
Filed & Entered:   04/15/2013
Docket Text Summons Issued
1
Filed & Entered:   04/15/2013
Docket Text Complaint – (Discovery)
2
Filed & Entered:   04/15/2013
Docket Text Certificate/Notice of Interested Parties
3
Filed & Entered:   04/15/2013
Docket Text Notice to Counsel (CV-20a) Magistrate Judge Direct Assignment Program

 

Share