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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

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Baker v. Kealoha Appeal 12-16258 - Remanded for a Do-Over

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Baker v. Kealoha Appeal 12-16258

REMANDED

In an Unpublished Decision the Denial of the Preliminary Injunction was Reversed but the Court of Appeals did not Issue an Injunction.  

Instead, the case was sent back to the District Court for a do-over.  

The Lone Plaintiff in this Case has Moved Out of State.

This Case went out with a Whimper instead of a Bang!

It had been 2021 days since this case was filed!

It had been 1745 days since the appeal was filed!

It had been 161 days since the last brief was sent to the panel of judges!

It has been 16 days 14 hours 10 minutes 4 seconds since this appeal was remanded back to the district court!

The Mandate is Supposed to Issue 7 Days After the Time to File an En Banc Petition has Passed.

No En Banc Petition was Filed in 14 Days.

Now we Wait for the Mandate.

 

Crushed Pineapple

I lack the words to describe just how much the plaintiffs attorneys have screwed up this case.  Fortunately, one of the lawyers participated in oral arguments in this case and so you can hear for yourself what a train wreck this case is.  Note that all three judges are skeptical that Baker is entitled to a Preliminary Injunction.  Oral arguments for the preliminary injunction took place on December 6, 2012.  On August 16, 2016, the three judge panel issued an order requiring all of the parties to file a supplemental brief on the impact of the Peruta v. San Diego/Richards v. Prieto on this appeal.

Link to 9th Circuit Archive.  Link to PACER district court docket (requires government account).  Link to many district court filings (free, no registration).

Baker v. Kealoha originates from Hawaii.  It is the denial of a preliminary injunction.  Here are the links to what the preliminary injunction seeks: motion, memorandum.  This case was momentarily decided in an unpublished memorandum based on the three judge panel decision in Peruta v. San Diego which has long since been vacated and in light of the en banc decision in Peruta, this appeal is dead, we are just waiting for the burial to take place.  Here is a link to the decision.  Read the dissent by now Chief Judge Thomas, he clearly explains why Baker is not entitled to a preliminary injunction.

On May 1, 2014 the court deferred disposition of the pending petition for rehearing or rehearing en banc pending the Court’s resolution of pending post-opinion matters in Peruta v. County of San Diego.  This appeal will remain in limbo until then.

In short, now that the sharply divided three judge panel in Peruta v. San Diego has been vacated and an en banc decision published in the same case which held that there is absolutely no right to concealed carry but emphasized that it did not decide whether or not there is a right to Open Carry beyond one’s front door it is unlikely that the petition for an en banc hearing will be granted.  The appeal of the preliminary injunction will probably be denied in light of the en banc Peruta decision but we shall have to wait and see.  Baker has asked for a remand to the district court.  What the court of appeals decides to say in its remand is anyone’s guess.  His attorney has said that he will be filing something, we’ll have to wait and see what that “something” is.

Procedurally, the three judge panel could simply remand the case back to the district court without granting the preliminary injunction.  If there is to be an en banc vote then Judge Pregerson, who sat on the en banc Peruta panel, will not be voting on whether or not to take the case en banc.  If the vote does not take place by October 11, 2016, the Judge Silverman (also on the en banc Peruta panel) will not be eligible to vote on the en banc petition as he assumes senior status on that day.  Judge Clifton will be taking senior status on December 31, 2016.  Once he assumes senior status he will be unable to vote on any en banc petition.

Moreover, this is the appeal of a preliminary injunction.  That alone makes it highly unlikely that this appeal will be taken en banc.

Based on his previous filings in this case, that “something” will be, in the words of Chief Judge Thomas:

“The complaint was, in the words of the district court, “prolix and repetitive” and “at times unclear.” The district court not only rejected the motion for a preliminary injunction on the basis that Baker was unlikely to prevail, but also concluded that he had utterly failed to establish irreparable harm.  Baker’s claimed irreparable harm was that he needed a weapon to defend himself in his job as a process server. However, as the district court pointed out, he had already voluntarily abandoned that position and was no longer in that business.  His other claimed fear was the possibility of future confrontations. The district court concluded that Baker had “not shown that any of the alleged harm is likely to be anything more than mere speculation, which is inadequate to establish irreparable harm.”

District Court Files

Complaint

Answer to Complaint

Motion for a Preliminary Injunction

Memorandum

Exhibit 1

Exhibit 2

Exhibit 2 (Part 2)

Declaration

Declaration

Notice of Preliminary Injunction Hearing

District Court Order




Preliminary Injunction Appeal

NOTICE OF APPEAL : PRELIMINARY INJUNCTION APPEAL

Opening Brief

Answering Brief

Reply Brief

Baker Supplemental Brief for En Banc Review due September 6, 2016.  Filed September 6, 2016.  The Clerk ordered 7 paper copies be filed instead of 20.  It looks like we might have a repeat of the Peruta v. San Diego/Richards v. Prieto dance.  A “new” three judge panel decision followed by a vote on whether or not to hear the case en banc.  If that happens then we are a couple of years away from a final decision in this appeal and this appeal is a preliminary injunction appeal.  Whichever way this appeal goes, it still has to go back to the district court for a final judgment followed by another round of appeals.

Memo to net lawyers.  Unless you plan on taking your preliminary injunction appeal to the US Supreme Court, don’t file one.  And if you do file one and your district court proceedings are not stayed then there really is no point in pursuing the appeal of your preliminary injunction as it will become moot before you get a final decision from the district court.

Supplemental Brief Submitted by Appellees City and County of Honolulu and Louis Kealoha due September 6, 2016 Filed September 6,2016.

The Supplemental Briefs are now both filed.  Now we wait and see what happens next.

Case Remanded Back to District Court for a Do-Over




Update by Charles Nichols, President of California Right To Carry – March 25, 2017 – The time for the defendants to file a new petition for an en banc rehearing has now passed.  The Mandate is supposed to issue seven days after the time to file an en banc petition has passed.  Once the mandate issues then jurisdiction returns to the district court where this case is currently administratively stayed and will remain stayed until one side or the other asks for the stay to be lifted.

Update by Charles Nichols, President of California Right To Carry – March 23, 2017 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – March 14, 2017 – Nothing new.  Despite the technical “win” in this case which is otherwise meaningless, the defendants are free to file a new en banc petition.  That would be dumb of them but have you read the briefs filed on both sides of this case?  None of them are even close to being mistaken for rocket scientists.

Update by Charles Nichols, President of California Right To Carry – March 10, 2017 – For years an attorney in this case, Alan Beck, has been badmouthing my California Open Carry lawsuit.  In an Unpublished Decision today, the Denial of the Preliminary Injunction was Reversed but the Court of Appeals did not Issue a Preliminary Injunction, which it could have.  Instead, the case was sent back to the District Court for a do-over.  Not only does this case not set any precedent, it is going to have to wait for “other intervening Ninth Circuit opinions.”  Beck has one other case which was stayed pending a decision in this case (Young v. Hawaii) that case is chock full of errors as well and I suspect it will likewise be remanded back to the district court for a do-over.

Which, as I predicted years ago, leaves my California Open Carry lawsuit as the last one standing.

Baker v. Kealoha unpublished decision of March 10, 2017

03/10/2017  115  Order filed (SIDNEY R. THOMAS, DIARMUID F. O’SCANNLAIN and CONSUELO M. CALLAHAN) The petition for rehearing is granted, our March 20, 2014 memorandum disposition is vacated, the district court’s denial of plaintiff’s motion for a preliminary injunction is vacated, and this matter is remanded to the District Court without prejudice to the District Court granting or denying a preliminary injunction or otherwise considering the case in light of Peruta v. City of San Diego, 824 F.3d 919, 924 (9th Cir. 2016) (en banc), and other intervening Ninth Circuit opinions. Each side shall bear its own costs. [10351383] (MM) [Entered: 03/10/2017 09:13 AM]

UPDATE: It occurs to me that the Appellees are free to file a petition for an en banc hearing.

Update by Charles Nichols, President of California Right To Carry – March 5, 2017 – Notice of supplemental authority.

03/05/2017  114  Filed (ECF) Appellant Christopher Baker citation of supplemental authorities. Date of service: 03/05/2017. [10343310] [12-16258] (Beck, Alan) [Entered: 03/05/2017 07:42 AM]

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 – February 6,  2017 – Young v. Hawaii was stayed early this afternoon pending a decision in this appeal.

Update by Charles Nichols, President of California Right To Carry – February 1,  2017 –  Nothing new.

Update by Charles Nichols, President of California Right To Carry – January 18,  2017 –  Nothing new.

Update by Charles Nichols, President of California Right To Carry – January 3,  2017 –  For a variety of reasons, some of which I wrote about in this article nearly four months ago, this case is a mess.  But not so much a mess which would prevent a decision by now.  After all, they already had an opinion from the Peruta v. San Diego concealed carry 3 judge panel decision (now vacated) which would have been a fine opinion had the two judge majority not written that nonsense about it being perfectly constitutional to ban Open Carry in favor of concealed carry.  Trim a couple of lines and add that states cannot require a permit to openly carry a firearm as well as an injunction against Hawaii laws to the extent they prohibit Open Carry and they’re good to go.

In other words, about 15 minutes of work is all that would have been required to publish a decision in this case by now.  Since that hasn’t happened, there are two likely reasons.  Either the two judges in the majority hate Open Carry so much, a possibility I put forth in this article I wrote back in August, or Judge Thomas is withholding his dissent thereby prohibiting the decision from being issued.

If Judge Thomas is withholding his dissent then he can withhold it indefinitely.  It would take a writ by Justice Kennedy (or SCOTUS) to force the circuit court to issue a decision, assuming that Baker’s attorneys would even file a writ.  They strike me as being too gunshy to do that and I’m not sure they have even been admitted to the Supreme Court bar.  If they haven’t been admitted then they would have to find a lawyer who is in order to file the writ for them.

Another possibility, somewhat less likely, is the three circuit judges who are presiding over the Baker case are waiting for a decision in my en banc petition with an eye toward hearing my appeal as well as the two appeals out of Hawaii (Baker and Young) at the same time.

There is no way of knowing for certain.  Only time will tell and even then it won’t tell the whole story.

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 – November 30,  2016 –  Nothing new.

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

10/26/2016  113 Terminated Girard Douglas Lau for State of Hawaii in 12-16258 (No longer with agency) [10174607] (TYL) [Entered: 10/26/2016 01:06 PM]

Update by Charles Nichols, President of California Right To Carry – October 24,  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 – October 5,  2016 –  Baker’s attorney, Alan Beck, finally got around to informing the court about the Murphy v. CNMI Government decision.  His notice was technically deficient which seems to be typical of the so called gun-rights attorneys.  112-1 Baker NAS

10/05/2016  112  Filed (ECF) Appellant Christopher Baker citation of supplemental authorities. Date of service: 10/05/2016. [10150164] [12-16258] (Beck, Alan) [Entered: 10/05/2016 02:08 PM]

Update by Charles Nichols, President of California Right To Carry – October 4,  2016 –  Still no 28(j) letter from Baker’s attorneys regarding Murphy v. CNMI Government.  The Murphy decision was published on September 28, 2016.  How hard can it be to write a letter which is limited to 350 words?

Update by Charles Nichols, President of California Right To Carry – September 30,  2016 –  Some activity.

09/30/2016  111 Received 7 paper copies of Amicus Brief [100] filed by Brady Center to Prevent Gun Violence. (sent to panel) [10144660] (SML) [Entered: 09/30/2016 03:47 PM]

Update by Charles Nichols, President of California Right To Carry – September 27,  2016 –  Some activity.

09/27/2016  109 Received 7 paper copies of Amicus Brief [102] filed by NRA. (sent to panel) [10139448] (SML) [Entered: 09/27/2016 03:05 PM]
09/27/2016  110 Received 7 paper copies of Amicus Brief [92] filed by State of Hawaii. (sent to panel) [10139473] (SML) [Entered: 09/27/2016 03:17 PM]

Update by Charles Nichols, President of California Right To Carry – September 23,  2016 –  I think it is safe to conclude that Baker’s lawyers aren’t going to be filing a sur-reply.  Right now we are waiting for a new decision from the three judge panel.  If a judge asks for a vote on the pending en banc petitions then it could be months before there is a decision on the petitions.  Which is fine by me as my California Open Carry appeal will be fully briefed and the court can consider my petition for my appeal to be heard initially en banc while they are deciding Baker’s.  And I have a much better chance of my petition being granted than do the petitions here in Baker v. Kealoha.

Update by Charles Nichols, President of California Right To Carry – September 22,  2016 –  Court granted leave to Amici to file supplemental briefs.

09/22/2016  105  Filed order (SIDNEY R. THOMAS, DIARMUID F. O’SCANNLAIN and CONSUELO M. CALLAHAN) The motions by the State of Hawaii, the Brady Center to Prevent Gun Violence and the National Rifle Association of America, Inc. to file supplemental amici briefs are GRANTED. [10133196] (WL) [Entered: 09/22/2016 01:20 PM]
09/22/2016  106  Filed clerk order: The supplemental amicus brief [100] submitted by Brady Center to Prevent Gun Violence 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: green. 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. [10133235] (SML) [Entered: 09/22/2016 01:37 PM]
09/22/2016  107  Filed clerk order: The supplemental amicus brief [92] submitted by State of Hawaii 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: green. 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. [10133239] (SML) [Entered: 09/22/2016 01:38 PM]
09/22/2016  108  Filed clerk order: The supplemental amicus brief [102] submitted by NRA 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: green. 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. [10133246] (SML) [Entered: 09/22/2016 01:40 PM]

Update by Charles Nichols, President of California Right To Carry – September 20,  2016 –  Baker still hasn’t filed his motion to file a sur-reply.  I suspect that he won’t.

Update by Charles Nichols, President of California Right To Carry – September 15,  2016 –  Baker still hasn’t filed his motion to file a sur-reply.  The NRA filed an Amicus brief.

NRA Amicus Brief

09/14/2016  104 Received 7 paper copies of Supplemental Brief [95] filed by City and County of Honolulu and Louis Kealoha (sent to panel). [10124268] (SML) [Entered: 09/15/2016 08:51 AM]
09/13/2016  102  Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by National Rifle Association of America, Inc.. Date of service: 09/13/2016. [10122368] [12-16258] (Clement, Paul) [Entered: 09/13/2016 03:43 PM]
09/13/2016  103 Entered appearance of Amicus Curiae – Pending NRA. [10122455] (SML) [Entered: 09/13/2016 04:15 PM]

Update by Charles Nichols, President of California Right To Carry – September 11,  2016 –  Baker still hasn’t filed his motion to file a sur-reply.

09/09/2016  101  Filed (ECF) Amicus Curiae County of Maui joinder to brief [92]. Date of service: 09/09/2016. [10118962] [12-16258] (Rowe, Caleb) [Entered: 09/09/2016 06:23 PM]

 

09/06/2016  95  Submitted (ECF) Supplemental Brief for review. Submitted by Appellees City and County of Honolulu and Louis Kealoha. Date of service: 09/06/2016. [10114134] [12-16258] –[COURT UPDATE: Attached certificate of service. 09/07/2016 by TYL] (Sherwood, Curtis) [Entered: 09/06/2016 10:48 PM]
09/06/2016  100  Submitted (ECF) Amicus Brief for review. Submitted by Amicus Curiae Brady Center to Prevent Gun Violence. Date of service: 09/06/2016. [10118851] –[COURT ENTERED FILING to correct entry [89] .] (TYL) [Entered: 09/09/2016 04:53 PM]
09/07/2016  96  Filed clerk order: The supplemental brief [95] submitted by City and County of Honolulu and Louis Kealoha 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. [10114864] (SML) [Entered: 09/07/2016 12:06 PM]
09/07/2016  97 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [98]. Original Text: Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by County of Kauai. Date of service: 09/07/2016. [10115464] [12-16258] (Courson, Nicholas) [Entered: 09/07/2016 03:12 PM]
09/07/2016  98  Filed (ECF) Amicus Curiae County of Kauai joinder to brief [92]. Date of service: 09/07/2016. [10115727] [12-16258] (Courson, Nicholas) [Entered: 09/07/2016 05:35 PM]
09/08/2016  99 Received 7 paper copies of Supplemental Brief [90] filed by Christopher Baker (sent to panel). [10117020] (SML) [Entered: 09/08/2016 03:39 PM]
09/09/2016  101  Filed (ECF) Amicus Curiae County of Maui joinder to brief [92]. Date of service: 09/09/2016. [10118962] [12-16258] (Rowe, Caleb) [Entered: 09/09/2016 06:23 PM]

Update by Charles Nichols, President of California Right To Carry – September 9,  2016 –  Baker still hasn’t filed his motion to file a sur-reply.

09/06/2016  94 COURT DELETED DUPLICATE/INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [95]. Original Text: Submitted (ECF) Supplemental Brief for review. Submitted by Appellees City and County of Honolulu and Louis Kealoha. Date of service: 09/06/2016. [10114106] [12-16258] (Sherwood, Curtis) [Entered: 09/06/2016 07:25 PM]
09/06/2016  95  Submitted (ECF) Supplemental Brief for review. Submitted by Appellees City and County of Honolulu and Louis Kealoha. Date of service: 09/06/2016. [10114134] [12-16258] –[COURT UPDATE: Attached certificate of service. 09/07/2016 by TYL] (Sherwood, Curtis) [Entered: 09/06/2016 10:48 PM]
09/07/2016  96  Filed clerk order: The supplemental brief [95] submitted by City and County of Honolulu and Louis Kealoha 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. [10114864] (SML) [Entered: 09/07/2016 12:06 PM]
09/07/2016  97 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [98]. Original Text: Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by County of Kauai. Date of service: 09/07/2016. [10115464] [12-16258] (Courson, Nicholas) [Entered: 09/07/2016 03:12 PM]
09/07/2016  98  Filed (ECF) Amicus Curiae County of Kauai joinder to brief [92]. Date of service: 09/07/2016. [10115727] [12-16258] (Courson, Nicholas) [Entered: 09/07/2016 05:35 PM]
09/08/2016  99 Received 7 paper copies of Supplemental Brief [90] filed by Christopher Baker (sent to panel). [10117020] (SML) [Entered: 09/08/2016 03:39 PM]

Update by Charles Nichols, President of California Right To Carry – September 6,  2016 –  Baker filed his supplemental brief.  The Brady bunch asked to file a supplemental Amicus brief.  Something odd is going on here.  On August 16, 2016, the Brady bunch was ordered to file 20 paper copies which is the number of copies one files for an en banc review.  However, today Baker was ordered to file 7 copies of the brief in paper format which is the typical number for review by a three judge panel.  We may be seeing a variation on the Peruta/Richards appeal.  Which is to say that the three judge panel will issue a new decision in light of the Peruta decision followed by Baker being heard before a limited en banc panel of eleven judges which will add another year or two before there is a final court of appeals decision in this case.

The State of Hawaii asked the court if it could file a supplemental brief in which it said “The supplemental amicus brief will first argue that there is insufficient evidence in the record that Plaintiff applied for an open carry license or that the Chief of Police addressed the issue of whether to grant him an open carry license; therefore, this case should be remanded to the District Court with directions to determine on remand whether Plaintiff’s open carry challenge should be dismissed for lack of standing.”

If Baker’s Complaint does not state that he applied for an Open Carry permit for personal self-defense (as opposed to a work related permit for a job he no longer works at) and that he was denied (or plead that it would be futile) then Baker has screwed himself.  The court of appeals would be barred from granting him his preliminary injunction even if it wanted to.

Well, the Docket shows that the Supplemental Brief for review Submitted by Appellees City and County of Honolulu and Louis Kealoha is filed. Unfortunately, the docket entry links to the wrong document.  We’ll have to wait until someone at the Clerk’s office is informed on the error before I can download the brief.

New docket entry (#95) ->  The Supplemental Brief Submitted by Appellees City and County of Honolulu and Louis Kealoha

State of Hawaii Motion to File Supplemental Brief

Baker Supplemental Brief for En Banc Review

09/06/2016 95 Submitted (ECF) Supplemental Brief for review. Submitted by Appellees City and County of Honolulu and Louis Kealoha. Date of service: 09/06/2016. [10114134] [12-16258] (Sherwood, Curtis) [Entered: 09/06/2016 10:48 PM]

09/06/2016  92  Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by State of Hawai’i. Date of service: 09/06/2016. [10113911] [12-16258] (Nakatsuji, Robert) [Entered: 09/06/2016 04:27 PM]
09/06/2016  93  Filed (ECF) Amicus Curiae County of Hawaii joinder to brief [92]. Date of service: 09/06/2016. [10113983] [12-16258] (Heroldt, Lerisa) [Entered: 09/06/2016 04:53 PM]
09/06/2016  90  Submitted (ECF) Supplemental Brief for review. Submitted by Appellant Christopher Baker. Date of service: 09/06/2016. [10113608] [12-16258] (Beck, Alan) [Entered: 09/06/2016 03:03 PM]
09/06/2016  91  Filed clerk order: The supplemental brief [90] submitted by Christopher Baker 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. [10113729] (SML) [Entered: 09/06/2016 03:35 PM]
09/06/2016  87  Filed (ECF) notice of appearance of Kathryn Marshall Ali for Amicus Curiae Brady Center to Prevent Gun Violence. Date of service: 09/06/2016. [10113260] [12-16258] (Ali, Kathryn) [Entered: 09/06/2016 01:21 PM]
09/06/2016  88 Added attorney Kathryn Marshall Ali for Brady Center to Prevent Gun Violence, in case 12-16258. [10113335] (JFF) [Entered: 09/06/2016 01:48 PM]
09/06/2016  89  Filed (ECF) Amicus Curiae Brady Center to Prevent Gun Violence Motion to file supplemental brief for petition for rehearing. Date of service: 09/06/2016. [10113416] [12-16258] (Ali, Kathryn) [Entered: 09/06/2016 02:11 PM]

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

Update by Charles Nichols, President of California Right To Carry – August 24,  2016 –  The Brady Bunch filed its printed copies of its Amicus brief.  Other than that, nothing new since my last update.

08/16/2016  83  Filed clerk order: The amicus brief [61] submitted by Brady Center to Prevent Gun Violence is filed. Within 7 days of the filing of this order, filer is ordered to file 20 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: green. 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. [10089633] (SML) [Entered: 08/16/2016 05:33 PM]
08/18/2016  84 Received 20 paper copies of Amicus Brief [61] filed by Brady Center to Prevent Gun Violence. [10091851] (SML) [Entered: 08/18/2016 11:33 AM]

Update by Charles Nichols, President of California Right To Carry – August 16,  2016 –  Well, that didn’t take long at all.  Less than 24 hours after the Peruta/Richards concealed carry cases were shot down in flames the three judge panel in this case has ordered the parties to file supplemental briefs regarding the impact of the en banc decision in Peruta v. San Diegeo/Richards v. Prieto in this case.  The briefs are due within 21 days (September 6, 2016).

Keep in mind that this is the appeal of the denial of a preliminary injunction.  Preliminary injunctions, unlike final judgments, must satisfy a four part test in order to be granted.  When a preliminary injunction is appealed, the key test as to whether or not the appeal is successful is “Did the district court judge abuse his discretion in granting/denying the preliminary injunction?”  Unfortunately, Baker’s lawyers make the Three Stooges look like a crack legal team.  If the preliminary injunction succeeds it won’t be because of Baker’s lawyers.

Now that we have the en banc decision in Peruta/Richards, whatever happens with this appeal will not affect my appeal one way or the other.

08/16/2016  82  Filed order (DIARMUID F. O’SCANNLAIN, SIDNEY R. THOMAS and CONSUELO M. CALLAHAN) 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. The Brady Center To Prevent Gun Violence’s motion for leave to file an amicus brief in support of rehearing, ECF No. [61] , is GRANTED. The motions by the County of Hawaii, County of Maui, and County of Kauai to join the amicus curiae brief of the State of Hawaii, ECF Nos. [63], [64], and [65], are GRANTED. Appellant’s motion to strike the State of Hawaii’s amicus brief, ECF No. [66], is DENIED. [10088550] (WL) [Entered: 08/16/2016 11:56 AM]

Update by Charles Nichols, President of California Right To Carry – August 15,  2016 –  Nothing new on the docket today but with the denial of the Full Court petitions in Peruta v. San Diego and Richards v. Prieto it shouldn’t be long now.  As this case is the appeal of a preliminary injunction, coupled with the screw-ups made by the lawyers for the plaintiffs, it is almost certain that the preliminary injunction will be denied.

Update by Charles Nichols, President of California Right To Carry – August 13,  2016 –  Nothing new.

Update by Charles Nichols, President of California Right To Carry – July 20,  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 new, but this case is kind of in limbo for a variety of reasons.  It will be interesting to see how the court of appeals cuts this Gordian knot of a case.

Update by Charles Nichols, President of California Right To Carry – May 27,  2016 – Nothing new. Given that this case is in limbo until Peruta v. San Diego is decided, this is likely my last update until there is activity in this case.

Update by Charles Nichols, President of California Right To Carry – March 11,  2016 – Nothing new. Given that this case is in limbo until Peruta v. San Diego is decided, this is likely my last update until there is activity in this case.

Update by Charles Nichols, President of California Right To Carry – January 4,  2016 – Nothing new. Given that this case is in limbo until Peruta v. San Diego is decided, this is likely my last update until there is activity in this case.

Update November 30, 2015 by Charles Nichols – President of California Right To Carry – Nothing new.

Update October 30, 2015 by Charles Nichols – President of California Right To Carry – Nothing new.

Update by Charles Nichols, President of California Right To Carry – June 1,  2015 – This case will likely remain in limbo until Peruta is decided therefore this is my last update in this case until there is movement in the appeal.

Update April 18, 2015 – The appeal is still in limbo.

Update March 26, 2015 – The Peruta v. San Diego and Richards v. Prieto appellate decisions were vacated today but not this case which was decided before the same three judge panel.  Perhaps this is because this was the appeal of a temporary injunction and perhaps because the judge here had held that the Second Amendment is confined to one’s home.  Neither the Peruta nor Richards defendants had argued that.

Update February 20, 2015 – The appeal is still in limbo and this isn’t the only “right to carry” case being stonewalled by the 9th Circuit.  There is one case that was filed just after the Heller decision which was published in June of 2008 which is still languishing on appeal.

No Significant Update January 20, 2015.

Update January 6, 2014 – It has now been two years and one month since oral arguments were heard in Peruta, Richards and Baker.

Update May 6, 2014 – Amicus brief filed by State of Hawaii.

05/06/2014 80 Received 20 paper copies of Amicus brief [62] filed by State of Hawaii. [9085457] (JFF)

Update May 2, 2014 – Baker files his response to the en banc petition.

05/02/2014  79  Filed (ECF) Appellant Christopher Baker response to Combo PFR Panel and En Banc (ECF Filing) ,Combo PFR Panel and En Banc (ECF Filing) for panel and en banc rehearing, for panel and en banc rehearing (statistical entry). Date of service: 05/02/2014. [9081276]. (AAB)

Update May 1, 2014 – Alan Gura’s ploy to moot Peruta has backfired.  Not only did it result in a stay of Richards v. Prieto pending Peruta, it resulted in a stay of Baker v. Kealoaha pending Peruta.

04/30/2014  77  Filed (ECF) Amicus Curiae State of Hawaii response opposing motion (,motion to strike portion or whole of document). Date of service: 04/30/2014. [9078811] (GDL)
05/01/2014  78  Filed order (DIARMUID F. O’SCANNLAIN, SIDNEY R. THOMAS and CONSUELO M. CALLAHAN) Disposition of the pending petition for rehearing or rehearing en banc is deferred pending this Court’s resolution of pending post-opinion matters in Peruta v. County of San Diego, No. 10-56971. [9078981] (WL)

 

Update April 29, 2014 –  I’ve updated the full appellate court docket at the bottom of this page.  There has been a lot of docket activity these past two days.

04/28/2014   62 
32 pg, 614.29 KB
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by State of Hawaii, by its Attorney General. Date of service: 04/28/2014. [9075432] (GDL)
04/28/2014   63 
7 pg, 354.46 KB
Filed (ECF) County of Hawaii Motion to become amicus curiae (includes motion to join in amicus brief filed by submitted by State of Hawaii). Date of service: 04/28/2014. [9075450]–[Edited: Updated docket text to reflect content of filing (no brief attached). 04/29/2014 by RY] (MJU)
04/28/2014   64 
5 pg, 101.39 KB
Filed (ECF) County of Maui Motion to become amicus curiae (includes motion to join in amicus brief filed by submitted by State of Hawaii). Date of service: 04/28/2014. [9075460]–[Edited: Updated docket text to reflect content of filing (no brief attached). 04/29/2014 by RY] (CPR)
04/28/2014   65 
6 pg, 40.56 KB
Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by County of Kauai. Date of service: 04/28/2014. [9075477]–[COURT UPDATE: Attached Certificate of Service. Resent NDA. 04/29/2014 by RY] (NC)
04/28/2014   66 
5 pg, 194.09 KB
Filed (ECF) Appellant Christopher Baker Motion to strike whole of amicus brief of Defendant State of Hawaii. Date of service: 04/28/2014. [9075484] (AAB)
04/29/2014   67 Terminated Appellee State of Hawaii in 12-16258 [9076555] (BY)
04/29/2014   68 Entered appearance of Amicus Curiae State of Hawaii. [9076563] (JFF)
04/29/2014   69 
2 pg, 85.58 KB
Filed clerk order: The amicus brief [62] submitted by State of Hawaii is filed. Within 7 days of the filing of this order, filer is ordered to file 20 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: green. 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. [9076588] (JFF)
04/29/2014   70 Entered appearance of Amicus Curiae – Pending County of Kauai. [9076606] (JFF)
04/29/2014   71 
2 pg, 30.18 KB
Filed (ECF) notice of appearance of Kimberly Tsumoto Guidry for Amicus Curiae State of Hawaii. Date of service: 04/29/2014. [9076751] (KTG)
04/29/2014   72 
2 pg, 30.3 KB
Filed (ECF) notice of appearance of Robert Tadao Nakatsuji for Amicus Curiae State of Hawaii. Date of service: 04/29/2014. [9076782] (RTN)
04/29/2014   73 Added attorney Kimberly Tsumoto Guidry for State of Hawaii, in case 12-16258. [9076793] (JFF)
04/29/2014   74 Added attorney Robert Tadao Nakatsuji for State of Hawaii, in case 12-16258. [9076797] (JFF)
04/29/2014   75 Entered appearance of Amicus Curiae – Pending County of Maui. [9076976] (JFF)
04/29/2014   76 Entered appearance of Amicus Curiae – Pending County of Hawaii. [9076990] (JFF)

Update April 28, 2014 –  The Brady Center filed an Amicus Brief.  I didn’t download it.  Their briefs are all the same.

04/28/2014  61  Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Brady Center To Prevent Gun Violence. Date of service: 04/28/2014. [9074180] (NRO)

Update April 22, 2014 –  The 9th CCA orders a response to the en banc petition to be filed within 21 days.

04/22/2014  60  Filed order (DIARMUID F. O’SCANNLAIN, SIDNEY R. THOMAS and CONSUELO M. CALLAHAN) Plaintiff-Appellant is directed to file a response to the petition for rehearing or rehearing en banc filed with this court on April 17, 2014. The response shall not exceed 15 pages or 4200 words and shall be filed within 21 days of the date of this order. [9067986] (WL)

Update April 18, 2014 –  The petition for rehearing/rehearing en banc was filed yesterday, on time.

04/17/2014  59  Filed (ECF) Appellees City and County of Honolulu and Louis Kealoha petition for panel rehearing and petition for rehearing en banc (from 03/20/2014 memorandum). Date of service: 04/17/2014. [9063061] (CES)

Update April 2, 2014 – The 9th CCA granted the extension of time to file a petition for rehearing en banc to April 17, 2014.

04/02/2014  58  Filed order (DIARMUID F. O’SCANNLAIN, SIDNEY R. THOMAS and CONSUELO M. CALLAHAN) Defendants-Appellees’ motion for an extension of time to file their petition for panel rehearing and/or petition for rehearing en banc is granted. Defendants- Appellees shall file any petition for rehearing no later than April 17, 2014. [9040697] (WL)

Update March 27, 2014 – Hawaii files a motion for an extension of time to file a petition for rehearing:

03/27/2014  57  Filed (ECF) Appellees City and County of Honolulu and Louis Kealoha Motion to extend time to file petition for rehearing until 04/17/2014. Date of service: 03/27/2014. [9033955] (CES)

Update March 20, 2014 – This case was decided in an unpublished memorandum.  The case was reversed and remanded.  Baker gets his injunction, for the most part.  This case, like every other, is still subject to an en banc appeal, stay and vacating of the decision.  Here is a link to today’s decision.

03/20/2014  56  FILED MEMORANDUM DISPOSITION (DIARMUID F. O’SCANNLAIN, SIDNEY R. THOMAS and CONSUELO M. CALLAHAN) VACATED; REMANDED. Each party shall bear its own costs on appeal. FILED AND ENTERED JUDGMENT. [9023773] (PH)



In order to access the individual filings from the links below, you will need a Federal PACER account.

1:11-cv-00528-ACK-KSC Baker v. Kealoha et al
ALAN C. KAY, presiding
KEVIN S.C. CHANG, referral
Date filed: 08/30/2011
Date terminated: 05/19/2015
Date of last filing: 03/10/2017

History

 

Doc.
No.
Dates Description
87
Filed & Entered:   03/10/2017
Docket Text USCA Order
86
Filed: 09/22/2016
Entered: 09/23/2016
Docket Text USCA Order
85
Filed: 08/16/2016
Entered: 08/17/2016
Docket Text USCA Order
84
Filed & Entered:   05/19/2015
Docket Text Link
83
Filed & Entered:   01/16/2015
Docket Text Status Conference
81
Filed & Entered:   07/11/2014
Docket Text Status Conference
80
Filed & Entered:   05/01/2014
Docket Text USCA Order
79
Filed: 04/22/2014
Entered: 04/25/2014
Docket Text USCA Order
78
Filed & Entered:   04/02/2014
Docket Text USCA Order
76
Filed & Entered:   03/25/2014
Docket Text Letter
77
Filed & Entered:   03/25/2014
Docket Text Link
74
Filed & Entered:   03/24/2014
Docket Text Link
75
Filed & Entered:   03/24/2014
Docket Text Link
73
Filed & Entered:   03/20/2014
Docket Text USCA Order
72
Filed & Entered:   01/13/2014
Docket Text Status Conference
70
Filed & Entered:   07/17/2013
Docket Text Status Conference
71
Filed & Entered:   07/17/2013
Docket Text Link
69
Filed & Entered:   07/09/2013
Docket Text Set Hearings
68
Filed & Entered:   06/03/2013
Docket Text Set Hearings
67
Filed & Entered:   12/19/2012
Docket Text Status Conference
66
Filed & Entered:   07/09/2012
Docket Text Certificate of Record
64
Filed & Entered:   06/20/2012
Docket Text Terminate Hearings
65
Filed & Entered:   06/20/2012
Docket Text Link
62
Filed & Entered:   06/19/2012
Docket Text Transcript
63
Filed & Entered:   06/19/2012
Docket Text Order on Motion to Stay
61
Filed & Entered:   06/14/2012
Docket Text Statement of No Opposition
60
Filed & Entered:   06/03/2012
Docket Text Transcript Designation and Ordering Form
59
Filed & Entered:   05/31/2012
Docket Text Attorney Appeal Packet
Filed & Entered:   05/30/2012
Docket Text Corrective Entry
57
Filed & Entered:   05/30/2012
Docket Text USCA Case Number
58
Filed & Entered:   05/30/2012
Docket Text USCA Scheduling Order
52
Filed & Entered:   05/29/2012
Terminated: 06/19/2012
Docket Text Motion to Stay
53
Filed & Entered:   05/29/2012
Docket Text Notice (Other)
54
Filed & Entered:   05/29/2012
Docket Text Notice (Other)
55
Filed & Entered:   05/29/2012
Terminated: 03/20/2014
Docket Text Notice of Interlocutory Appeal
56
Filed & Entered:   05/29/2012
Docket Text USCA Appeal Fees
51
Filed & Entered:   04/30/2012
Docket Text Order – Written Order Following Oral Order on Motion
50
Filed & Entered:   04/01/2012
Docket Text Notice (Other)
49
Filed & Entered:   03/21/2012
Docket Text Order on Motion for Preliminary Injunction
Filed & Entered:   03/09/2012
Docket Text Advisory Entry
46
Filed & Entered:   03/07/2012
Docket Text Reply
47
Filed & Entered:   03/07/2012
Docket Text Reply to Response to Motion
48
Filed & Entered:   03/07/2012
Docket Text Reply
45
Filed & Entered:   03/02/2012
Docket Text Errata
44
Filed & Entered:   02/29/2012
Docket Text Memorandum in Opposition to Motion
42
Filed & Entered:   02/27/2012
Docket Text Memorandum in Opposition to Motion
43
Filed & Entered:   02/27/2012
Docket Text Order on Motion to Appear Pro Hac Vice
41
Filed & Entered:   02/24/2012
Docket Text Memorandum
40
Filed & Entered:   02/23/2012
Docket Text Order on Motion for Leave to File
38
Filed & Entered:   02/16/2012
Docket Text Memorandum in Opposition to Motion
39
Filed & Entered:   02/16/2012
Docket Text Memorandum in Opposition to Motion
35
Filed & Entered:   02/13/2012
Terminated: 02/27/2012
Docket Text Motion for Pro Hac Vice
36
Filed & Entered:   02/13/2012
Docket Text Filing Fee Received
37
Filed & Entered:   02/13/2012
Terminated: 02/23/2012
Docket Text Motion for Leave to File
34
Filed & Entered:   12/15/2011
Docket Text Certificate of Service
31
Filed & Entered:   12/08/2011
Docket Text Set Motion Deadlines/Hearings (inc F&R)
32
Filed & Entered:   12/08/2011
Docket Text Terminate Deadlines
33
Filed & Entered:   12/08/2011
Docket Text Set Motion Deadlines/Hearings (inc F&R)
29
Filed & Entered:   11/28/2011
Docket Text Rule 16 Scheduling Conference
30
Filed & Entered:   11/28/2011
Docket Text Scheduling Order
26
Filed & Entered:   11/22/2011
Docket Text Pretrial Conference Statement
27
Filed & Entered:   11/22/2011
Docket Text Report of Planning Meeting
28
Filed & Entered:   11/22/2011
Docket Text Initial Disclosure
21
Filed & Entered:   11/18/2011
Docket Text Scheduling Conference Statement
22
Filed & Entered:   11/18/2011
Docket Text Initial Disclosure
23
Filed & Entered:   11/18/2011
Docket Text Certificate of Service
24
Filed & Entered:   11/18/2011
Docket Text Certificate of Service
25
Filed & Entered:   11/18/2011
Docket Text Certificate of Service
20
Filed & Entered:   10/12/2011
Docket Text Link
19
Filed & Entered:   09/30/2011
Docket Text Notice of Hearing on Motion
18
Filed & Entered:   09/28/2011
Terminated: 03/21/2012
Docket Text Motion for Judgment on the Pleadings
17
Filed & Entered:   09/23/2011
Docket Text Notice of Hearing on Motion
16
Filed & Entered:   09/22/2011
Docket Text Certificate of Service
14
Filed & Entered:   09/21/2011
Docket Text Answer to Complaint
15
Filed & Entered:   09/21/2011
Terminated: 03/21/2012
Docket Text Motion to Dismiss
13
Filed & Entered:   09/09/2011
Docket Text Notice of Hearing on Motion
7
Filed: 08/31/2011
Entered: 09/01/2011
Docket Text Summons Returned Executed
8
Filed: 08/31/2011
Entered: 09/01/2011
Docket Text Summons Returned Executed
9
Filed: 08/31/2011
Entered: 09/01/2011
Docket Text Summons Returned Executed
10
Filed: 08/31/2011
Entered: 09/01/2011
Docket Text Summons Returned Executed
11
Filed: 08/31/2011
Entered: 09/01/2011
Docket Text Summons Returned Executed
1
Filed: 08/30/2011
Entered: 08/31/2011
Docket Text Complaint
2
Filed: 08/30/2011
Entered: 08/31/2011
Docket Text Summons Issued
3
Filed: 08/30/2011
Entered: 08/31/2011
Docket Text Filing Fee Received
4
Filed: 08/30/2011
Entered: 08/31/2011
Docket Text Set Rule 16 Scheduling Conference
5
Filed: 08/30/2011
Entered: 08/31/2011
Terminated: 03/21/2012
Docket Text Motion for Preliminary Injunction
12
Filed: 08/30/2011
Entered: 09/02/2011
Docket Text Notice of Case Reassignment

 

 




General Docket
United States Court of Appeals for the Ninth Circuit
Court of Appeals Docket #: 12-16258 Docketed: 05/30/2012
Termed: 03/10/2017
Nature of Suit: 3440 Other Civil Rights
Christopher Baker v. Louis Kealoha, et al
Appeal From: U.S. District Court for Hawaii, Honolulu
Fee Status: Paid
Case Type Information:
     1) civil
     2) private
     3) null
Originating Court Information:
     District: 0975-1 : 1:11-cv-00528-ACK-KSC
     Trial Judge: Alan C. Kay, Senior District Judge
     Date Filed: 08/30/2011
     Date Order/Judgment:      Date Order/Judgment EOD:      Date NOA Filed:      Date Rec’d COA:
     04/30/2012      04/30/2012      05/29/2012      05/29/2012
Prior Cases:
     None
Current Cases:
     None
CHRISTOPHER BAKER
Plaintiff – Appellant,
Alan Alexander Beck, Esquire, Attorney
Direct: 619-971-0424
[COR LD NTC Retained]
Law Offices of Alan Beck
4780 Governor Drive
San Diego, CA 92122

Richard Loren Holcomb, Jr., Esquire, Attorney
Direct: 808-545-4040
[COR LD NTC Retained]
Holcomb Law, LLLC
1136 Union Mall
Suite 805
Honolulu, HI 96813

Kevin O’Grady, Attorney
Direct: 808-521-3367
[COR LD NTC Retained]
Law Office of Kevin O’Grady, LLC
1136 Union Mall
Suite 704
Honolulu, HI 96813   v.LOUIS KEALOHA, as an individual and in his official capacity as Honolulu Chief of Police
Defendant – Appellee,Curtis Edwin Sherwood, Esquire, Deputy Corporation Counsel
Direct: 808-523-4859
[COR LD NTC Deputy City Attorney]
Corporation Counsel, City and County of Honolulu
Suite 110
530 S. King Street
Honolulu, HI 96813

Christine Van Aken, Deputy City Attorney
Direct: 415-554-4633
[COR NTC City Attorney]
City Attorney’s Office
City and County of San Francisco
234
1 Dr. Carlton B. Goodlett Place
City Hall, Room 234
San Francisco, CA 94102-4682 STATE OF HAWAII
Terminated: 04/29/2014
Defendant – Appellee,  CITY AND COUNTY OF HONOLULU
Defendant – Appellee,Curtis Edwin Sherwood, Esquire, Deputy Corporation Counsel
Direct: 808-523-4859
[COR LD NTC Deputy City Attorney]
(see above)

Christine Van Aken, Deputy City Attorney
Direct: 415-554-4633
[COR NTC City Attorney]
(see above) HONOLULU POLICE DEPARTMENT
Defendant – Appellee,Curtis Edwin Sherwood, Esquire, Deputy Corporation Counsel
Direct: 808-523-4859
[COR LD NTC Deputy City Attorney]
(see above) NEIL ABERCROMBIE, in his official capacity as Hawaii Governor
Defendant – Appellee,Kendall Moser
[COR LD NTC Dep State Aty Gen]
AGHI – OFFICE OF THE HAWAII ATTORNEY GENERAL
Firm: 808-568-1180
425 Queen Street
Honolulu, HI 96813——————————STATE OF HAWAII
Amicus Curiae,Kimberly Tsumoto Guidry
Direct: 808-586-1360
[COR NTC Dep State Aty Gen]
AGHI – OFFICE OF THE HAWAII ATTORNEY GENERAL
Firm: 808-568-1180
425 Queen Street
Honolulu, HI 96813

Robert Tadao Nakatsuji, Esquire
Direct: 808-586-1360
[COR NTC Dep State Aty Gen]
AGHI – OFFICE OF THE HAWAII ATTORNEY GENERAL
Firm: 808-568-1180
425 Queen Street
Honolulu, HI 96813 BRADY CENTER TO PREVENT GUN VIOLENCE
Amicus Curiae,Mark Murakami, Esquire, Attorney
Direct: 808-531-8031
[COR LD NTC Retained]
Damon Key Leong Kupchak Hastert
Firm: 808-531-8031
1003 Bishop Street
Suite 1600
Honolulu, HI 96813

Kathryn Marshall Ali
Direct: 202-637-5771
[COR NTC Retained]
Hogan Lovells US LLP
Firm: 202-637-5600
555 Thirteenth Street, NW
Washington, DC 20004 COUNTY OF HAWAII
Amicus Curiae,Lerisa L. Heroldt, Esquire, Deputy Corporation Counsel
Direct: 808-961-8251
[COR NTC County Counsel]
Office of the Corporation Counsel
Hilo Lagoon Centre
Suite 325
101 Aupuni Street
Hilo, HI 96720 COUNTY OF KAUAI
Amicus Curiae,Nicholas Courson
Direct: 808-241-4930
[COR NTC Dep County Counsel]
Office of the County Attorney
Suite # 220
4444 Rice Street
Lihue, HI 96766 COUNTY OF MAUI
Amicus Curiae,Caleb Patrick Rowe, Deputy Corporation Counsel
Direct: 808-270-7740
[COR NTC County Counsel]
County of Maui
Department of the Corporation Counsel
200 South High Street
Wailuku, HI 96793 NATIONAL RIFLE ASSOCIATION OF AMERICA, INC.
Amicus Curiae,Paul D. Clement, Attorney
Direct: 202-879-5000
[COR LD NTC Retained]
Kirkland & Ellis LLP
Suite 1200
655 Fifteenth Street, N.W.
Washington, DC 20005

CHRISTOPHER BAKER,

Plaintiff – Appellant,

v.

LOUIS KEALOHA, as an individual and in his official capacity as Honolulu Chief of Police; CITY AND COUNTY OF HONOLULU; HONOLULU POLICE DEPARTMENT; NEIL ABERCROMBIE, in his official capacity as Hawaii Governor,

Defendants – Appellees.

05/30/2012  1 
14 pg, 582.35 KB
DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: to be set. Preliminary Injunction Appeal. Circuit Rule 3-3. Mediation Questionnaire due on 06/06/2012. [8195062] (RT) [Entered: 05/30/2012 09:52 AM]
05/31/2012  2 
2 pg, 29 KB
Filed clerk order (Deputy Clerk: AW): The appeal filed May 29, 2012 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due not later than June 26, 2012; the answering brief is due July 24, 2012 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 14 days after service of the answering brief. See 9th Cir. R. 3-3(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [8197038] (WL) [Entered: 05/31/2012 12:44 PM]
06/03/2012  3 
4 pg, 1.01 MB
Filed (ECF) Appellant Christopher Baker Mediation Questionnaire. Date of service: 06/03/2012. [8200040] (O’Grady, Kevin) [Entered: 06/03/2012 05:26 PM]
06/26/2012  4 
7 pg, 46.35 KB
Filed (ECF) Appellant Christopher Baker Motion to expedite case. Date of service: 06/26/2012. [8228355] (O’Grady, Kevin) [Entered: 06/26/2012 12:08 PM]
06/26/2012  5 
67 pg, 644.72 KB
Submitted (ECF) Opening brief for review. Submitted by Appellant Christopher Baker. Date of service: 06/26/2012. [8229363]–[COURT UPDATE: replaced PDF with corrected version submitted separately by csl, resent notice. 06/28/2012 by ASW] (Holcomb, Richard) [Entered: 06/26/2012 08:55 PM]
06/26/2012  6 COURT DELETED INCORRECT/DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [5]. Original Text: Submitted (ECF) Opening brief for review. Submitted by Appellant Christopher Baker. Date of service: 06/26/2012. [8229369] (Holcomb, Richard) [Entered: 06/26/2012 09:42 PM]
06/27/2012  7 Filed Appellant Christopher Baker excerpts of record in 1 volume. Served on 06/26/2012. [8230789] (LA) [Entered: 06/27/2012 04:10 PM]
06/27/2012  8 COURT DELETED INCORRECT/DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [5]. Original Text: Submitted (ECF) Opening brief for review. Submitted by Appellant Christopher Baker. Date of service: 06/27/2012. [8230943] (Holcomb, Richard) [Entered: 06/27/2012 07:36 PM]
06/28/2012  9 
1 pg, 7.41 KB
Filed clerk order: The opening brief [5] submitted by Christopher Baker 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. [8231401] (LA) [Entered: 06/28/2012 11:20 AM]
06/29/2012  10 
1 pg, 30.05 KB
Filed clerk order (Deputy Clerk: HB): This is a preliminary injunction appeal. Appellant has filed a “Notification Pursuant to Circuit Rule 34-3” along with his opening brief. The proposed briefing schedule contained in appellant’s Notification is not adopted. This appeal is governed by Ninth Circuit Rule 3-3. The briefing schedule established in the court’s order of May 31, 2012 remains in effect. If any party wishes to file a motion to stay briefing in this appeal pending the resolution of Richards, et al. v. Prieto, et al., No. 11-16255, they may do so. [8233152] (WL) [Entered: 06/29/2012 01:24 PM]
07/05/2012  11 Received 7 paper copies of Opening brief [5] filed by Christopher Baker. [8238307] (SD) [Entered: 07/05/2012 01:34 PM]
07/23/2012  12 14 day oral extension by phone of time to file Appellees Neil Abercrombie, City and County of Honolulu, Honolulu Police Department, Louis Kealoha and State of Hawaii brief. Appellees Neil Abercrombie, City and County of Honolulu, Honolulu Police Department, Louis Kealoha and State of Hawaii answering brief due 08/07/2012. The optional reply brief is due 14 days after service of the appellee brief. [8259599] (DEV) [Entered: 07/23/2012 02:57 PM]
08/08/2012  13 
50 pg, 157.06 KB
Submitted (ECF) Answering brief for review. Submitted by Appellees City and County of Honolulu and Louis Kealoha. Date of service: 08/07/2012. [8279028] (Sherwood, Curtis) [Entered: 08/08/2012 01:11 AM]
08/08/2012  14 
2 pg, 81.74 KB
Filed clerk order: The answering brief [13] submitted by Appellees 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. [8280326] (GV) [Entered: 08/08/2012 03:34 PM]
08/08/2012  15 
11 pg, 554.35 KB
Filed (ECF) Appellees City and County of Honolulu and Louis Kealoha Motion to file a late brief. Date of service: 08/08/2012. [8280668] (Sherwood, Curtis) [Entered: 08/08/2012 06:31 PM]
08/10/2012  16 
1 pg, 22.72 KB
Filed clerk order (Deputy Clerk: HB): The motion of appellees Louis Kealoha and the City and County of Honolulu for leave to file a late answering brief is denied as unnecessary, because the brief submitted by appellees on August 8, 2012 has already been ordered filed. The optional reply brief is due 14 days after service of the answering brief. [8283666] (WL) [Entered: 08/10/2012 03:23 PM]
08/10/2012  18 Filed Appellees’ supplemental excerpts of record on appeal in 1 volume. [8286358] (GV) [Entered: 08/14/2012 11:01 AM]
08/13/2012  17 Received 7 paper copies of Answering brief [13] filed by Appellees. [8285218] (SD) [Entered: 08/13/2012 02:40 PM]
08/14/2012  19 
47 pg, 213.52 KB
Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Brady Center to Prevent Gun Violence. Date of service: 08/14/2012. [8286896] (Murakami, Mark) [Entered: 08/14/2012 02:34 PM]
08/15/2012  20 Entered appearance of Amicus Curiae – Pending Brady Center to Prevent Gun Violence. [8288034] (GV) [Entered: 08/15/2012 12:44 PM]
08/21/2012  21 
35 pg, 353.4 KB
Submitted (ECF) Reply brief for review. Submitted by Appellant Christopher Baker. Date of service: 08/21/2012. [8294607] (Holcomb, Richard) [Entered: 08/21/2012 04:55 PM]
08/22/2012  22 
2 pg, 81.75 KB
Filed clerk order: The reply brief [21] submitted by Christopher Baker 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: gray. 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. [8295052] (GV) [Entered: 08/22/2012 10:58 AM]
08/29/2012  23 Received 7 paper copies of Reply brief [21] filed by Christopher Baker. [8304339] (SD) [Entered: 08/29/2012 02:03 PM]
08/30/2012  24 
5 pg, 179.89 KB
Filed (ECF) Appellant Christopher Baker Motion to stay proceedings. Date of service: 08/30/2012. [8306507] (Holcomb, Richard) [Entered: 08/30/2012 06:21 PM]
09/04/2012  25 
2 pg, 30.3 KB
Filed clerk order (Deputy Clerk: HB): The court denies appellant’s motion to stay appellate proceedings in this preliminary injunction appeal pending issuance of the decision in Richards, et al. v. Prieto, et al., No. 11-16255. The Clerk shall calendar this appeal, No. 12-16258, before the panel that will be assigned to decide appeal No. 11-16255. Briefing is completed. The amicus brief submitted by the Brady Center to Prevent Gun Violence is filed. Within 7 days of the filing of this order, the filer is ordered to file 7 copies of the brief in paper format, with a green cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically.[8309708] (WL) [Entered: 09/04/2012 04:32 PM]
09/07/2012  26 Received 7 paper copies of Amicus brief [19] filed by Brady Center to Prevent Gun Violence. (Sent to panel) [8314249] (SD) [Entered: 09/07/2012 11:28 AM]
09/13/2012  27 
8 pg, 110.39 KB
Filed (ECF) Appellant Christopher Baker citation of supplemental authorities. Date of service: 09/13/2012. [8322303] (Beck, Alan) [Entered: 09/13/2012 11:17 AM]
09/24/2012  28 
2 pg, 26.41 KB
Filed clerk order (Deputy Clerk: SM): Pursuant to the Motion for Clarification & Coordination of Appeals in Related Cases filed by Appellants in 10-56971, it is hereby ORDERED that arguments in 10-56971, 11-16255, and 12-16258 will be scheduled to be heard by the same panel on the same day. The date and time of the arguments will be determined in due course by subsequent order. [8335002] [10-56971, 11-16255, 12-16258] (SM) [Entered: 09/24/2012 02:41 PM]
10/09/2012  29 
10 pg, 449.97 KB
Notice of Oral Argument on Thursday, December 6, 2012 – 9:00 AM – Courtroom 1, 3rd Floor – James R. Browning US Courthouse – San Francisco, CA. Please return ACKNOWLEDGMENT OF HEARING NOTICE form to: SAN FRANCISCO Office. Please open attached documents to view details about your case. [8352270] (RB) [Entered: 10/09/2012 12:54 PM]
10/09/2012  30 
13 pg, 350.62 KB
Filed clerk order (Deputy Clerk: HL): These appeals have been assigned to the same panel because they involve issues regarding the Second Amendment. The cases are not consolidated for oral argument. Counsel may wish to confer in order to enhance oral argument. The Clerk shall serve a copy of the court’s service list for each case on all parties. [8353131] [10-56971, 11-16255, 12-16258] (SM) [Entered: 10/09/2012 04:36 PM]
10/10/2012  31 
1 pg, 79.45 KB
Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Mr. Richard Loren Holcomb, Jr., Esquire for Appellant Christopher Baker. [8354530] (Holcomb, Richard) [Entered: 10/10/2012 02:15 PM]
10/15/2012  33 
1 pg, 40.33 KB
Received Appellees Neil Abercrombie and State of Hawaii letter dated 10/10/2012 re: There will be no appearance at oral argument (PANEL). [8365098] (JFF) [Entered: 10/17/2012 02:35 PM]
10/16/2012  32 
2 pg, 48.29 KB
Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Curtis Edwin Sherwood, Esquire for Appellees City and County of Honolulu, Honolulu Police Department and Louis Kealoha. [8362605] (Sherwood, Curtis) [Entered: 10/16/2012 11:57 AM]
11/15/2012  34 
3 pg, 14.2 KB
Filed (ECF) notice of appearance of Christine Van Aken for Appellees City and County of Honolulu and Louis Kealoha. Date of service: 11/15/2012. [8402895] (Van Aken, Christine) [Entered: 11/15/2012 10:48 AM]
11/15/2012  35 Added attorney Christine Van Aken for Louis Kealoha City and County of Honolulu, in case 12-16258. [8402915] (JFF) [Entered: 11/15/2012 10:56 AM]
11/15/2012  36 
2 pg, 26.17 KB
Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Ms. Christine Van Aken for Appellees City and County of Honolulu and Louis Kealoha. [8403448] (Van Aken, Christine) [Entered: 11/15/2012 02:00 PM]
11/29/2012  37 
2 pg, 35.97 KB
Filed clerk order (Deputy Clerk: KKW):At oral argument, the parties should be prepared to discuss the following two questions: 1) Assuming that Plaintiff-Appellant correctly reads certain state statutes to forbid the use of handguns at firing ranges, does he have standing to challenge those statutes on that ground? 2) What effect, if any, does the lack of state defendants have on this case? See Evers v. Cnty. of Custer, 745 F.2d 1196 (9th Cir. 1984); Martin A. Schwartz & Kathryn R. Urbonya, Section 1983 Litigation 101 (2d ed. 2008) (“A local government’s mere enforcement of state law, as opposed to express incorporation or adoption of state law into local regulations or codes, has been found insufficient to establish Monell liability”); see also 28 U.S.C. § 2403(b). [8419153] (KKW) [Entered: 11/29/2012 09:23 AM]
11/29/2012  38 
3 pg, 26.3 KB
Filed (ECF) Appellees City and County of Honolulu and Louis Kealoha citation of supplemental authorities. Date of service: 11/29/2012. [8419282] (Van Aken, Christine) [Entered: 11/29/2012 09:55 AM]
11/29/2012  39 
51 pg, 88.91 KB
Filed (ECF) Appellees City and County of Honolulu and Louis Kealoha Correspondence: Attachment to Appellees’ FRAP 28j Letter – Kachalsky Opinion (Case No. 11-3642). Date of service: 11/29/2012 [8419412]–[COURT UPDATE: Attached corrected document (cover and certificate of service). Resent NDA. 11/29/2012 by RY] (Van Aken, Christine) [Entered: 11/29/2012 10:34 AM]
11/29/2012  40 
53 pg, 349.28 KB
Filed (ECF) Appellant Christopher Baker citation of supplemental authorities. Date of service: 11/29/2012. [8420515]–[COURT UPDATE: Edited docket text to reflect correct ECF event. Resent NDA. 11/30/2012 by RY] (Beck, Alan) [Entered: 11/29/2012 10:05 PM]
12/05/2012  41 
26 pg, 337.56 KB
Filed (ECF) Appellant Christopher Baker citation of supplemental authorities. Date of service: 12/05/2012. [8425684] (Beck, Alan) [Entered: 12/05/2012 01:54 AM]
12/06/2012  42 ARGUED AND SUBMITTED TO DIARMUID F. O’SCANNLAIN, SIDNEY R. THOMAS and CONSUELO M. CALLAHAN. [8428135] (RB) [Entered: 12/06/2012 12:17 PM]
12/11/2012  43 
51 pg, 340.82 KB
Filed (ECF) Appellant Christopher Baker citation of supplemental authorities. Date of service: 12/11/2012. [8434265] (Beck, Alan) [Entered: 12/11/2012 02:26 PM]
12/18/2012  44 
2 pg, 24.41 KB
Filed (ECF) Appellees City and County of Honolulu and Louis Kealoha citation of supplemental authorities. Date of service: 12/18/2012. [8444136] (Van Aken, Christine) [Entered: 12/18/2012 12:58 PM]
02/27/2013  45 
173 pg, 5.89 MB
Filed (ECF) Appellant Christopher Baker citation of supplemental authorities. Date of service: 02/27/2013. [8528289] (Beck, Alan) [Entered: 02/27/2013 08:11 AM]
03/14/2013  46 
45 pg, 596.22 KB
Filed (ECF) Appellant Christopher Baker citation of supplemental authorities. Date of service: 03/14/2013. [8551218] (Beck, Alan) [Entered: 03/14/2013 02:30 PM]
03/28/2013  47 
36 pg, 178.43 KB
Filed (ECF) Appellees City and County of Honolulu and Louis Kealoha citation of supplemental authorities. Date of service: 03/28/2013. [8568898] (Van Aken, Christine) [Entered: 03/28/2013 04:30 PM]
03/29/2013  48 
4 pg, 265.61 KB
Filed (ECF) Appellant Christopher Baker citation of supplemental authorities. Date of service: 03/29/2013. [8570527]–[COURT UPDATE: Edited docket text to reflect correct ECF event and content of filing. Resent NDA. 03/29/2013 by RY] (Beck, Alan) [Entered: 03/29/2013 03:10 PM]
08/02/2013  49 
75 pg, 455.42 KB
Filed (ECF) Appellees City and County of Honolulu and Louis Kealoha citation of supplemental authorities. Date of service: 08/02/2013. [8729218] (Van Aken, Christine) [Entered: 08/02/2013 04:25 PM]
08/09/2013  50 
4 pg, 89.59 KB
Filed (ECF) Appellant Christopher Baker citation of supplemental authorities. Date of service: 08/09/2013. [8738507]–[COURT UPDATE: Edited docket text to reflect correct ECF event. Resent NDA. 08/12/2013 by RY] (Beck, Alan) [Entered: 08/09/2013 06:01 PM]
08/12/2013  51 
93 pg, 772.9 KB
Filed (ECF) Appellant Christopher Baker citation of supplemental authorities. Date of service: 08/12/2013. [8740055] (Beck, Alan) [Entered: 08/12/2013 03:27 PM]
08/13/2013  52 
20 pg, 231.28 KB
Filed (ECF) Appellant Christopher Baker citation of supplemental authorities. Date of service: 08/13/2013. [8742061] (Beck, Alan) [Entered: 08/13/2013 09:26 PM]
08/29/2013  53 
35 pg, 302.99 KB
Filed (ECF) Appellant Christopher Baker citation of supplemental authorities. Date of service: 08/29/2013. [8762240] (Beck, Alan) [Entered: 08/29/2013 02:19 PM]
11/21/2013  54 
55 pg, 265.31 KB
Filed (ECF) Appellees City and County of Honolulu and Louis Kealoha citation of supplemental authorities. Date of service: 11/21/2013. [8873100] (Van Aken, Christine) [Entered: 11/21/2013 02:54 PM]
11/25/2013  55 
4 pg, 218.27 KB
Filed (ECF) Appellant Christopher Baker citation of supplemental authorities. Date of service: 11/25/2013. [8876913] (Beck, Alan) [Entered: 11/25/2013 01:03 PM]
03/20/2014  56 
13 pg, 507.74 KB
FILED MEMORANDUM DISPOSITION (DIARMUID F. O’SCANNLAIN, SIDNEY R. THOMAS and CONSUELO M. CALLAHAN) VACATED; REMANDED. Each party shall bear its own costs on appeal. FILED AND ENTERED JUDGMENT. [9023773] (PH) [Entered: 03/20/2014 10:29 AM]
03/27/2014  57 
23 pg, 255.82 KB
Filed (ECF) Appellees City and County of Honolulu and Louis Kealoha Motion to extend time to file petition for rehearing until 04/17/2014. Date of service: 03/27/2014. [9033955] (Sherwood, Curtis) [Entered: 03/27/2014 12:03 PM]
04/02/2014  58 
1 pg, 31.61 KB
Filed order (DIARMUID F. O’SCANNLAIN, SIDNEY R. THOMAS and CONSUELO M. CALLAHAN) Defendants-Appellees’ motion for an extension of time to file their petition for panel rehearing and/or petition for rehearing en banc is granted. Defendants- Appellees shall file any petition for rehearing no later than April 17, 2014. [9040697] (WL) [Entered: 04/02/2014 09:03 AM]
04/17/2014  59 
33 pg, 274.83 KB
Filed (ECF) Appellees City and County of Honolulu and Louis Kealoha petition for panel rehearing and petition for rehearing en banc (from 03/20/2014 memorandum). Date of service: 04/17/2014. [9063061] (Sherwood, Curtis) [Entered: 04/17/2014 08:55 PM]
04/22/2014  60 
1 pg, 31.21 KB
Filed order (DIARMUID F. O’SCANNLAIN, SIDNEY R. THOMAS and CONSUELO M. CALLAHAN) Plaintiff-Appellant is directed to file a response to the petition for rehearing or rehearing en banc filed with this court on April 17, 2014. The response shall not exceed 15 pages or 4200 words and shall be filed within 21 days of the date of this order. [9067986] (WL) [Entered: 04/22/2014 01:31 PM]
04/28/2014  61 
35 pg, 171.74 KB
Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Brady Center To Prevent Gun Violence. Date of service: 04/28/2014. [9074180] (O’Hanlon, Neil) [Entered: 04/28/2014 11:16 AM]
04/28/2014  62 
32 pg, 614.29 KB
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by State of Hawaii, by its Attorney General. Date of service: 04/28/2014. [9075432] (Lau, Girard) [Entered: 04/28/2014 06:13 PM]
04/28/2014  63 
7 pg, 354.46 KB
Filed (ECF) County of Hawaii Motion to become amicus curiae (includes motion to join in amicus brief filed by submitted by State of Hawaii). Date of service: 04/28/2014. [9075450]–[Edited: Updated docket text to reflect content of filing (no brief attached). 04/29/2014 by RY] (Udovic, Michael) [Entered: 04/28/2014 07:01 PM]
04/28/2014  64 
5 pg, 101.39 KB
Filed (ECF) County of Maui Motion to become amicus curiae (includes motion to join in amicus brief filed by submitted by State of Hawaii). Date of service: 04/28/2014. [9075460]–[Edited: Updated docket text to reflect content of filing (no brief attached). 04/29/2014 by RY] (Rowe, Caleb) [Entered: 04/28/2014 07:12 PM]
04/28/2014  65 
6 pg, 40.56 KB
Filed (ECF) County of Kauai Motion to become amicus curiae (includes motion to join in amicus brief filed by submitted by State of Hawaii).Date of service: 04/28/2014. [9075477]–[COURT UPDATE: Attached Certificate of Service. Resent NDA. 04/29/2014 by RY]–[COURT UPDATE: Updated docket text to reflect content of filing (no brief attached). 08/16/2016 by LA] (Courson, Nicholas) [Entered: 04/28/2014 08:22 PM]
04/28/2014  66 
5 pg, 194.09 KB
Filed (ECF) Appellant Christopher Baker Motion to strike whole of amicus brief of Defendant State of Hawaii. Date of service: 04/28/2014. [9075484] (Beck, Alan) [Entered: 04/28/2014 09:47 PM]
04/29/2014  67 Terminated Appellee State of Hawaii in 12-16258 [9076555] (BY) [Entered: 04/29/2014 01:24 PM]
04/29/2014  68 Entered appearance of Amicus Curiae State of Hawaii. [9076563] (JFF) [Entered: 04/29/2014 01:26 PM]
04/29/2014  69 
2 pg, 85.58 KB
Filed clerk order: The amicus brief [62] submitted by State of Hawaii is filed. Within 7 days of the filing of this order, filer is ordered to file 20 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: green. 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. [9076588] (JFF) [Entered: 04/29/2014 01:32 PM]
04/29/2014  70 Entered appearance of Amicus Curiae – Pending County of Kauai. [9076606] (JFF) [Entered: 04/29/2014 01:37 PM]
04/29/2014  71 
2 pg, 30.18 KB
Filed (ECF) notice of appearance of Kimberly Tsumoto Guidry for Amicus Curiae State of Hawaii. Date of service: 04/29/2014. [9076751] (Guidry, Kimberly) [Entered: 04/29/2014 02:22 PM]
04/29/2014  72 
2 pg, 30.3 KB
Filed (ECF) notice of appearance of Robert Tadao Nakatsuji for Amicus Curiae State of Hawaii. Date of service: 04/29/2014. [9076782] (Nakatsuji, Robert) [Entered: 04/29/2014 02:30 PM]
04/29/2014  73 Added attorney Kimberly Tsumoto Guidry for State of Hawaii, in case 12-16258. [9076793] (JFF) [Entered: 04/29/2014 02:33 PM]
04/29/2014  74 Added attorney Robert Tadao Nakatsuji for State of Hawaii, in case 12-16258. [9076797] (JFF) [Entered: 04/29/2014 02:34 PM]
04/29/2014  75 Entered appearance of Amicus Curiae – Pending County of Maui. [9076976] (JFF) [Entered: 04/29/2014 03:23 PM]
04/29/2014  76 Entered appearance of Amicus Curiae – Pending County of Hawaii. [9076990] (JFF) [Entered: 04/29/2014 03:28 PM]
04/30/2014  77 
10 pg, 32.46 KB
Filed (ECF) Amicus Curiae State of Hawaii response opposing motion (,motion to strike portion or whole of document). Date of service: 04/30/2014. [9078811] (Lau, Girard) [Entered: 04/30/2014 06:05 PM]
05/01/2014  78 
1 pg, 41.77 KB
Filed order (DIARMUID F. O’SCANNLAIN, SIDNEY R. THOMAS and CONSUELO M. CALLAHAN) Disposition of the pending petition for rehearing or rehearing en banc is deferred pending this Court’s resolution of pending post-opinion matters in Peruta v. County of San Diego, No. 10-56971. [9078981] (WL) [Entered: 05/01/2014 08:32 AM]
05/02/2014  79 
24 pg, 306.92 KB
Filed (ECF) Appellant Christopher Baker response to Combo PFR Panel and En Banc (ECF Filing) ,Combo PFR Panel and En Banc (ECF Filing) for panel and en banc rehearing, for panel and en banc rehearing (statistical entry). Date of service: 05/02/2014. [9081276]. (Beck, Alan) [Entered: 05/02/2014 01:20 PM]
05/06/2014  80 Received 20 paper copies of Amicus brief [62] filed by State of Hawaii. [9085457] (JFF) [Entered: 05/06/2014 03:44 PM]
08/07/2014  81 Deleted Incorrect Entry [9197263] (RY) [Entered: 08/07/2014 01:38 PM]
08/16/2016  82 
2 pg, 44.99 KB
Filed order (DIARMUID F. O’SCANNLAIN, SIDNEY R. THOMAS and CONSUELO M. CALLAHAN) 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. The Brady Center To Prevent Gun Violence’s motion for leave to file an amicus brief in support of rehearing, ECF No. [61] , is GRANTED. The motions by the County of Hawaii, County of Maui, and County of Kauai to join the amicus curiae brief of the State of Hawaii, ECF Nos. [63], [64], and [65], are GRANTED. Appellant’s motion to strike the State of Hawaii’s amicus brief, ECF No. [66], is DENIED. [10088550] (WL) [Entered: 08/16/2016 11:56 AM]
08/16/2016  83 
2 pg, 187.11 KB
Filed clerk order: The amicus brief [61] submitted by Brady Center to Prevent Gun Violence is filed. Within 7 days of the filing of this order, filer is ordered to file 20 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: green. 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. [10089633] (SML) [Entered: 08/16/2016 05:33 PM]
08/18/2016  84 Received 20 paper copies of Amicus Brief [61] filed by Brady Center to Prevent Gun Violence. [10091851] (SML) [Entered: 08/18/2016 11:33 AM]
09/01/2016  85 
2 pg, 32.68 KB
Filed (ECF) notice of appearance of Lerisa L. Heroldt for Amicus Curiae County of Hawaii. Date of service: 09/01/2016. [10110869] [12-16258] (Heroldt, Lerisa) [Entered: 09/01/2016 06:00 PM]
09/02/2016  86 Attorney Michael Joseph Udovic in 12-16258 substituted by Attorney Lerisa L. Heroldt in 12-16258 [10110958] (CW) [Entered: 09/02/2016 07:44 AM]
09/06/2016  87 
2 pg, 149.98 KB
Filed (ECF) notice of appearance of Kathryn Marshall Ali for Amicus Curiae Brady Center to Prevent Gun Violence. Date of service: 09/06/2016. [10113260] [12-16258] (Ali, Kathryn) [Entered: 09/06/2016 01:21 PM]
09/06/2016  88 Added attorney Kathryn Marshall Ali for Brady Center to Prevent Gun Violence, in case 12-16258. [10113335] (JFF) [Entered: 09/06/2016 01:48 PM]
09/06/2016  89 
10 pg, 43.16 KB
Filed (ECF) Amicus Curiae Brady Center to Prevent Gun Violence Motion to file supplemental brief for petition for rehearing. Date of service: 09/06/2016. [10113416] [12-16258] –[COURT UPDATE: Removed brief (refiled in entry [100]). 09/09/2016 by TYL] (Ali, Kathryn) [Entered: 09/06/2016 02:11 PM]
09/06/2016  90 
24 pg, 497.4 KB
Submitted (ECF) Supplemental Brief for review. Submitted by Appellant Christopher Baker. Date of service: 09/06/2016. [10113608] [12-16258] (Beck, Alan) [Entered: 09/06/2016 03:03 PM]
09/06/2016  91 
2 pg, 186.18 KB
Filed clerk order: The supplemental brief [90] submitted by Christopher Baker 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. [10113729] (SML) [Entered: 09/06/2016 03:35 PM]
09/06/2016  92 
24 pg, 68.23 KB
Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by State of Hawai’i. Date of service: 09/06/2016. [10113911] [12-16258]–[COURT UPDATE: Attached corrected PDF files of motion and supplemental amicus brief. 09/07/2016 by RY] (Nakatsuji, Robert) [Entered: 09/06/2016 04:27 PM]
09/06/2016  93 
5 pg, 67.3 KB
Filed (ECF) Amicus Curiae County of Hawaii joinder to brief [92]. Date of service: 09/06/2016. [10113983] [12-16258] (Heroldt, Lerisa) [Entered: 09/06/2016 04:53 PM]
09/06/2016  94 COURT DELETED DUPLICATE/INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [95]. Original Text: Submitted (ECF) Supplemental Brief for review. Submitted by Appellees City and County of Honolulu and Louis Kealoha. Date of service: 09/06/2016. [10114106] [12-16258] (Sherwood, Curtis) [Entered: 09/06/2016 07:25 PM]
09/06/2016  95 
16 pg, 366.28 KB
Submitted (ECF) Supplemental Brief for review. Submitted by Appellees City and County of Honolulu and Louis Kealoha. Date of service: 09/06/2016. [10114134] [12-16258] –[COURT UPDATE: Attached certificate of service. 09/07/2016 by TYL] (Sherwood, Curtis) [Entered: 09/06/2016 10:48 PM]
09/06/2016  100 
23 pg, 148.82 KB
Submitted (ECF) Amicus Brief for review. Submitted by Amicus Curiae Brady Center to Prevent Gun Violence. Date of service: 09/06/2016. [10118851] –[COURT ENTERED FILING to correct entry [89] .] (TYL) [Entered: 09/09/2016 04:53 PM]
09/07/2016  96 
2 pg, 186.21 KB
Filed clerk order: The supplemental brief [95] submitted by City and County of Honolulu and Louis Kealoha 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. [10114864] (SML) [Entered: 09/07/2016 12:06 PM]
09/07/2016  97 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [98]. Original Text: Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by County of Kauai. Date of service: 09/07/2016. [10115464] [12-16258] (Courson, Nicholas) [Entered: 09/07/2016 03:12 PM]
09/07/2016  98 
3 pg, 315.28 KB
Filed (ECF) Amicus Curiae County of Kauai joinder to brief [92]. Date of service: 09/07/2016. [10115727] [12-16258] (Courson, Nicholas) [Entered: 09/07/2016 05:35 PM]
09/08/2016  99 Received 7 paper copies of Supplemental Brief [90] filed by Christopher Baker (sent to panel). [10117020] (SML) [Entered: 09/08/2016 03:39 PM]
09/09/2016  101 
5 pg, 233.66 KB
Filed (ECF) Amicus Curiae County of Maui joinder to brief [92]. Date of service: 09/09/2016. [10118962] [12-16258] (Rowe, Caleb) [Entered: 09/09/2016 06:23 PM]
09/13/2016  102 
23 pg, 86.17 KB
Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by National Rifle Association of America, Inc.. Date of service: 09/13/2016. [10122368] [12-16258] (Clement, Paul) [Entered: 09/13/2016 03:43 PM]
09/13/2016  103 Entered appearance of Amicus Curiae – Pending NRA. [10122455] (SML) [Entered: 09/13/2016 04:15 PM]
09/14/2016  104 Received 7 paper copies of Supplemental Brief [95] filed by City and County of Honolulu and Louis Kealoha (sent to panel). [10124268] (SML) [Entered: 09/15/2016 08:51 AM]
09/22/2016  105 
1 pg, 31.17 KB
Filed order (SIDNEY R. THOMAS, DIARMUID F. O’SCANNLAIN and CONSUELO M. CALLAHAN) The motions by the State of Hawaii, the Brady Center to Prevent Gun Violence and the National Rifle Association of America, Inc. to file supplemental amici briefs are GRANTED. [10133196] (WL) [Entered: 09/22/2016 01:20 PM]
09/22/2016  106 
2 pg, 187.11 KB
Filed clerk order: The supplemental amicus brief [100] submitted by Brady Center to Prevent Gun Violence 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: green. 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. [10133235] (SML) [Entered: 09/22/2016 01:37 PM]
09/22/2016  107 
2 pg, 186.27 KB
Filed clerk order: The supplemental amicus brief [92] submitted by State of Hawaii 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: green. 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. [10133239] (SML) [Entered: 09/22/2016 01:38 PM]
09/22/2016  108 
2 pg, 186.28 KB
Filed clerk order: The supplemental amicus brief [102] submitted by NRA 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: green. 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. [10133246] (SML) [Entered: 09/22/2016 01:40 PM]
09/27/2016  109 Received 7 paper copies of Amicus Brief [102] filed by NRA. (sent to panel) [10139448] (SML) [Entered: 09/27/2016 03:05 PM]
09/27/2016  110 Received 7 paper copies of Amicus Brief [92] filed by State of Hawaii. (sent to panel) [10139473] (SML) [Entered: 09/27/2016 03:17 PM]
09/30/2016  111 Received 7 paper copies of Amicus Brief [100] filed by Brady Center to Prevent Gun Violence. (sent to panel) [10144660] (SML) [Entered: 09/30/2016 03:47 PM]
10/05/2016  112 
29 pg, 508.47 KB
Filed (ECF) Appellant Christopher Baker citation of supplemental authorities. Date of service: 10/05/2016. [10150164] [12-16258] (Beck, Alan) [Entered: 10/05/2016 02:08 PM]
10/26/2016  113 Terminated Girard Douglas Lau for State of Hawaii in 12-16258 (No longer with agency) [10174607] (TYL) [Entered: 10/26/2016 01:06 PM]
03/05/2017  114 
62 pg, 592.97 KB
Filed (ECF) Appellant Christopher Baker citation of supplemental authorities. Date of service: 03/05/2017. [10343310] [12-16258] (Beck, Alan) [Entered: 03/05/2017 07:42 AM]
03/10/2017  115 
7 pg, 110.64 KB
Order filed (SIDNEY R. THOMAS, DIARMUID F. O’SCANNLAIN and CONSUELO M. CALLAHAN) The petition for rehearing is granted, our March 20, 2014 memorandum disposition is vacated, the district court’s denial of plaintiff’s motion for a preliminary injunction is vacated, and this matter is remanded to the District Court without prejudice to the District Court granting or denying a preliminary injunction or otherwise considering the case in light of Peruta v. City of San Diego, 824 F.3d 919, 924 (9th Cir. 2016) (en banc), and other intervening Ninth Circuit opinions. Each side shall bear its own costs. [10351383] (MM) [Entered: 03/10/2017 09:13 AM]
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