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

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

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

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

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

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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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Silvester v. Becerra (formerly Harris) 14-16840 - LOST

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Lost on Appeal – En Banc Petition Filed on February 13, 2017 

En Banc Petition Denied Without Dissent on April 5, 2017

It had been 1,930 days since this case was filed!
It had been 923 days since the appeal was filed!
It was 51 days from the en banc petition being filed and the denial of the en banc petition!

Silvester, et al. v. Harris, et al.  14-16840

California ED District Court No. 1:11-cv-02137-AWI-SKO Appeal 14-16840

Court of Appeals Docket #: 14-16840

Originally, this is what the Plaintiffs sought in their case:
“Plaintiffs challenge the State of California’s ten-day waiting periods for firearm acquisitions facially and as applied to individuals who lawfully already have at least one firearm
registered in their name with the State of California. Said challenge is asserted as being in violation of the Second Amendment and the Fourteenth Amendment of the United States Constitution.”
Many of the filings in this case are available for free download here.  The Complaint, which is the core document in a lawsuit, the document that states what the plaintiffs hope to achieve, is here.  The Complaint, in a nutshell, is found in the first paragraph of the Complaint.

By the time the case reached the court of appeals it became far more limited in scope.  The plaintiffs seek a partial exemption from the waiting period for those persons who have a California CCW or California COE and even then the plaintiffs said they don’t mind waiting up to 30 days.  I highly recommend that you watch the oral arguments under the February 9, 2016 update.

Here is the Finding of Facts and Conclusions of Law published by the district court which is being challenged on appeal.

Oral Argument took place on Tuesday, February 9, 2016 – 09:00 A.M. – Courtroom 1 – James R Browning US Cthse, 95 7th St, San Francisco, CA.

The three judge panel voted 3-0 to overturn the decision of the district court on December 14, 2016.

Three Judge Panel Decision – Filed on December 14, 2016.

En Banc Petition Due February 13, 2017.  Filed on February 13, 2017.

This Appeal is now stylized as Silvester et al v. Becerra et al




Update by Charles Nichols, President of California Right To Carry – April 5,  2017 –  En banc petition denied without dissent.  The only option now left to the plaintiffs is filing a cert petition to SCOTUS.

It had been 1,930 days since this case was filed!
It had been 923 days since the appeal was filed!
It has been 51 days since the en banc petition was filed!

04/04/2017  90  Filed order (SIDNEY R. THOMAS, MARY M. SCHROEDER and JACQUELINE H. NGUYEN) The panel has voted to deny Plaintiffs-Appellees’ petition for panel rehearing. Judges Thomas and Nguyen have voted to deny the petition for rehearing en banc, and Judge Schroeder has so recommended. The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35. Plaintiffs-Appellees’ petition for panel rehearing and petition for rehearing en banc are denied. Further petitions for rehearing and rehearing en banc shall not be entertained. [10382560] (WL) [Entered: 04/04/2017 11:11 AM]

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 – February 13,  2017 –  En banc petition filed on time.

En Banc Petition

02/13/2017  88 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [89]. Original Text: Filed (ECF) Appellees Calguns Foundation, Inc., Brandon Combs, Jeff Silvester and The Second Amendment Foundation, Inc. petition for rehearing en banc (from 12/14/2016 opinion). Date of service: 02/13/2017. [10317174] [14-16840] (Benbrook, Bradley) [Entered: 02/13/2017 12:13 PM]
02/13/2017  89  Filed (ECF) Appellees Calguns Foundation, Inc., Brandon Combs, Jeff Silvester and The Second Amendment Foundation, Inc. petition for panel rehearing and petition for rehearing en banc (from 12/14/2016 opinion). Date of service: 02/13/2017. [10317233]–[COURT ENTERED FILING to correct entry [88].] (SLM) [Entered: 02/13/2017 12:40 PM]

Update by Charles Nichols, President of California Right To Carry – January 2,  2017 –  Given that the Plaintiffs will be filing an En Banc petition, I have republished this page.

07/13/2016  78  Filed (ECF) Appellant Kamala D. Harris citation of supplemental authorities. Date of service: 07/13/2016. [10049559] [14-16840] (Eisenberg, Jonathan) [Entered: 07/13/2016 05:29 PM]
09/06/2016  79  Filed (ECF) Appellees Calguns Foundation, Inc., Brandon Combs, Jeff Silvester and The Second Amendment Foundation, Inc. citation of supplemental authorities. Date of service: 09/06/2016. [10113154] [14-16840] (Benbrook, Bradley) [Entered: 09/06/2016 12:37 PM]
09/16/2016  80  Filed (ECF) Appellant Kamala D. Harris citation of supplemental authorities. Date of service: 09/16/2016. [10127017] [14-16840] (Eisenberg, Jonathan) [Entered: 09/16/2016 04:46 PM]
09/27/2016  81 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [82]. Original Text: Filed (ECF) Appellant Kamala D. Harris Correspondence: Response to Appellees’ Sept. 6, 2016, Letter of Supplemental Authority.. Date of service: 09/27/2016 [10138471] [14-16840] (Chang, Peter) [Entered: 09/27/2016 10:22 AM]
09/27/2016  82  Filed (ECF) Appellant Kamala D. Harris citation of supplemental authorities. Date of service: 09/27/2016. [10139683]–[COURT ENTERED FILING to correct entry [81].] (SLM) [Entered: 09/27/2016 04:18 PM]
12/07/2016  83  Filed order (SIDNEY R. THOMAS, MARY M. SCHROEDER and JACQUELINE H. NGUYEN) Defendant-Appellant’s motion to take judicial notice is DENIED. [10223419] (WL) [Entered: 12/07/2016 10:39 AM]
12/14/2016  84  FILED OPINION (SIDNEY R. THOMAS, MARY M. SCHROEDER and JACQUELINE H. NGUYEN) REVERSED AND REMANDED. Judge: SRT Concurring, Judge: MMS Authoring, Costs are awarded to the State. FILED AND ENTERED JUDGMENT. [10232225] (RMM) [Entered: 12/14/2016 06:42 AM]
12/20/2016  85  Filed (ECF) Appellees Calguns Foundation, Inc., Brandon Combs, Jeff Silvester and The Second Amendment Foundation, Inc. Unopposed Motion to extend time to file petition for rehearing until 02/13/2017. Date of service: 12/20/2016. [10239839] [14-16840] (Benbrook, Bradley) [Entered: 12/20/2016 10:29 AM]
12/20/2016  86  Filed (ECF) Appellant Kamala D. Harris bill of costs (Form 10) in the amount of $216.80 USD. Date of service: 12/20/2016 [10240265] [14-16840] (Eisenberg, Jonathan) [Entered: 12/20/2016 01:19 PM]
12/22/2016  87  Filed order (SIDNEY R. THOMAS, MARY M. SCHROEDER and JACQUELINE H. NGUYEN) Appellees’ unopposed motion for an extension of time to file a Petition for Rehearing and Rehearing En Banc is GRANTED. Any Petition for Rehearing or Rehearing En Banc must be filed by February 13, 2017. [10243242] (WL) [Entered: 12/22/2016 09:27 AM]

Update by Charles Nichols, President of California Right To Carry – October 31,  2016 –  Nothing new. I will only be checking the status from now on once a month.

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

09/27/2016  81 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [82]. Original Text: Filed (ECF) Appellant Kamala D. Harris Correspondence: Response to Appellees’ Sept. 6, 2016, Letter of Supplemental Authority.. Date of service: 09/27/2016 [10138471] [14-16840] (Chang, Peter) [Entered: 09/27/2016 10:22 AM]
09/27/2016  82  Filed (ECF) Appellant Kamala D. Harris citation of supplemental authorities. Date of service: 09/27/2016. [10139683]–[COURT ENTERED FILING to correct entry [81].] (SLM) [Entered: 09/27/2016 04:18 PM]

Update by Charles Nichols, President of California Right To Carry – September 20,  2016 –  Some new activity.

09/06/2016  79  Filed (ECF) Appellees Calguns Foundation, Inc., Brandon Combs, Jeff Silvester and The Second Amendment Foundation, Inc. citation of supplemental authorities. Date of service: 09/06/2016. [10113154] [14-16840] (Benbrook, Bradley) [Entered: 09/06/2016 12:37 PM]
09/16/2016  80  Filed (ECF) Appellant Kamala D. Harris citation of supplemental authorities. Date of service: 09/16/2016. [10127017] [14-16840] (Eisenberg, Jonathan) [Entered: 09/16/2016 04:46 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 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 15,  2016 – Not much new.

78 – Notice of Supplemental Authority by Harris

07/13/2016  78  Filed (ECF) Appellant Kamala D. Harris citation of supplemental authorities. Date of service: 07/13/2016. [10049559] [14-16840] (Eisenberg, Jonathan) [Entered: 07/13/2016 05:29 PM]

Update by Charles Nichols, President of California Right To Carry – July 7,  2016 – Nothing new.  For some unknown reason, the decision in this appeal is taking longer than the Teixeria v. Alameda case.

Update by Charles Nichols, President of California Right To Carry – June 10,  2016 – AG Harris filed a 77 – Harris Response to May 26 letter

06/10/2016  77  Filed (ECF) Appellant Kamala D. Harris citation of supplemental authorities. Date of service: 06/10/2016. [10010863] [14-16840] (Eisenberg, Jonathan) [Entered: 06/10/2016 03:40 PM]

Update by Charles Nichols, President of California Right To Carry – May 17,  2016 – There has been nothing significant since my last update.

05/10/2016  74  Filed (ECF) notice of appearance of David W. Skaar for Amicus Curiae Brady Center to Prevent Gun Violence. Date of service: 05/10/2016. [9971456] [14-16840] (Skaar, David) [Entered: 05/10/2016 01:56 PM]
05/11/2016  75 Attorney Anthony Basich in 14-16840 substituted by Attorney David William Skaar in 14-16840 [9972923] (RR) [Entered: 05/11/2016 12:37 PM]

Update by Charles Nichols, President of California Right To Carry – March 11,  2016 – There is nothing new to report and there probably won’t be until the court issues a decision.

Update by Charles Nichols, President of California Right To Carry – February 9,  2016 – Here are the oral arguments heard today before a three judge panel which included Chief Circuit Judge Thomas.

Update by Charles Nichols, President of California Right To Carry – February 1,  2016 – We now know who the three judges are who will be deciding this case as well as Tracy Rifle and Pistol LLC v. Kamala Harris (oral arguments will be heard back to back) and it is bad news for the plaintiffs.  We have three Democrat appointees one of which is Chief Circuit Judge Thomas.  One is a senior status judge appointed by Carter and the third is a freshly minted Obama appointee.  The hearings will be televised lived on the 9th Circuit Court of Appeals YouTube channel.  The hearings will be televised lived on the 9th Circuit Court of Appeals YouTube channel on February 9th beginning at approximately 10:00 AM.

01 Tracy Rifle and Pistol LLC v. Kamala Harris – Plaintiff appeals from the denial of a preliminary injunction by which plaintiff challenged California Penal Code section 26820, which prevents a firearms dealer from on-site advertising that can be seen outside a dealership. [2:14-cv-02626-TLN-DAD] Civil E. CA 15 min
14-16840 Jeff Silvester v. Kamala Harris – California Attorney General Kamala Harris appeals from the district court’s bench trial judgment in a 42 U.S.C. § 1983 action challenging California’s statutory 10-day waiting period for the lawful purchase of firearms. [1:11-cv-02137-AWI-SKO] Civil E. CA 20 min

Update by Charles Nichols, President of California Right To Carry – January 4,  2016 – Nothing new.

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

11/30/2015  69 Notice of Oral Argument on Tuesday, February 9, 2016 – 09:00 A.M. – Courtroom 1 – James R Browning US Cthse, 95 7th St, San Francisco, CA.

View the Oral Argument Calendar for your case here.

When you have reviewed the calendar, download the ACKNOWLEDGMENT OF HEARING NOTICE form, complete the form, and file it via Appellate ECF or return the completed form to: SAN FRANCISCO Office.
[9773074] (GEV) [Entered: 11/30/2015 11:24 AM]

11/30/2015  70  Filed clerk order (Deputy Clerk: HL): These appeals have been assigned to the same panel because they involve potentially related 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. [9773606] [14-16840, 15-16501] (WL) [Entered: 11/30/2015 02:34 PM]

Update by Charles Nichols, President of California Right To Carry – November 14,  2015 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – October 29,  2015 – The appeal is fully briefed as of July 6, 2015.  Lots of new activity:

10/01/2015  64  Filed (ECF) Appellees Calguns Foundation, Inc., Brandon Combs, Jeff Silvester and The Second Amendment Foundation, Inc. Motion for miscellaneous relief [Motion to Expedite Oral Argument]. Date of service: 10/01/2015. [9704489] [14-16840] (DK) [Entered: 10/01/2015 04:06 PM]
10/05/2015  65  Filed (ECF) Appellant Kamala D. Harris response to motion ([64] Motion (ECF Filing), [64] Motion (ECF Filing) motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 10/05/2015. [9706779] [14-16840] (JME) [Entered: 10/05/2015 11:26 AM]
10/07/2015  66  Filed clerk order (Deputy Clerk: TAH): The appellees’ motion to expedite calendaring is granted in part. This case will be calendared in accordance with the priorities set forth at Ninth Circuit Rule 34-3. [9709600] (WL) [Entered: 10/07/2015 09:42 AM]
10/22/2015  67 This case is being considered for the February 2016 oral argument calendar. The exact date of your oral argument has not been determined at this time.
The following is a link to the upcoming court sessions:http://cdn.ca9.uscourts.gov/datastore/uploads/calendar/sitdates_2016.pdf.
Please review these upcoming dates immediately to determine if you have any conflicts with them. If you do have conflicts, please inform the Court within 7 days of this notice by sending a letter to the Court using CM/ECF (Type of Document: File Correspondence to Court; Subject: regarding availability for oral argument).
The Court discourages motions to continue after this 7-day period.
The clerk’s office takes conflict dates into consideration in scheduling oral arguments but cannot guarantee that every request will be honored. Your case will be assigned to a calendar approximately 10 weeks before the scheduled oral argument date.
In addition, if parties are discussing settlement or would like to discuss settlement before argument, they should contact the mediation unit immediately (ca09_mediation@ca9.uscourts.gov). Once the case is calendared, it is unlikely that the court will postpone argument for settlement discussions.[9729719] (AW) [Entered: 10/22/2015 07:14 PM]
10/29/2015  68  Filed (ECF) Appellees Calguns Foundation, Inc., Brandon Combs, The Second Amendment Foundation, Inc. and Jeff Silvester Correspondence: Regarding availability for oral argument. Date of service: 10/29/2015 [9738100] [14-16840] (BAB) [Entered: 10/29/2015 02:02 PM]

Update by Charles Nichols, President of California Right To Carry – August 13,  2015 – The appeal is fully briefed as of July 6, 2015.  Now we wait, and wait, and wait, and…

07/06/2015  63 Received 7 paper copies of Reply brief [60] filed by Kamala D. Harris. [9599202] (SD) [Entered: 07/06/2015 01:07 PM]

Update by Charles Nichols, President of California Right To Carry – July 2,  2015 – Here’s the latest:

07/01/2015  61  Filed clerk order: The reply brief [60] submitted by Kamala D. Harris 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. [9595694] (KT) [Entered: 07/01/2015 01:39 PM]
07/01/2015  62  Filed (ECF) Appellant Kamala D. Harris Correspondence: Supplemental Certificate of Service. Date of service: 07/01/2015 [9596067] [14-16840] (PHC) [Entered: 07/01/2015 03:16 PM]

Update by Charles Nichols, President of California Right To Carry – June 30,  2015 – Here’s the latest:

06/03/2015  52 Entered appearance of Amici Curiae Crime Prevention Research Center, Gun Owners of America, Inc., Gun Owners Foundation, USJF, Lincoln Institute for Research and Education, Abraham Lincoln Foundation for Public Policy Research, Inc., Institute on the Constitution, Conservative Legal Defense and Education Fund, California Rifle and Pistol Association, and Gun Owners of California. [9561024] (LA) [Entered: 06/03/2015 05:26 PM]
06/03/2015  53  Filed clerk order: The amicus brief [47] submitted by Crime Prevention Research Center 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 ECF. [9561026] (LA) [Entered: 06/03/2015 05:27 PM]
06/03/2015  54  Filed clerk order: The amicus brief [49] submitted by Gun Owners of America, Inc., Gun Owners Foundation, USJF, Lincoln Institute for Research and Education, Abraham Lincoln Foundation for Public Policy Research, Inc., Institute on the Constitution, and Conservative Legal Defense and Education Fund 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 ECF. [9561028] (LA) [Entered: 06/03/2015 05:29 PM]
06/04/2015  55 Received 7 paper copies of Amicus brief [47] filed by Crime Prevention Research Center. [9562278] (SD) [Entered: 06/04/2015 03:36 PM]
06/05/2015  56  Filed clerk order: The amicus brief [50] submitted by California Rifle and Pistol Association and Gun Owners of California 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 ECF. [9562988] (LA) [Entered: 06/05/2015 10:23 AM]
06/08/2015  57 Received 7 paper copies of Amicus brief [50] filed by California Rifle and Pistol Association and Gun Owners of California. [9565210] (SD) [Entered: 06/08/2015 01:40 PM]
06/09/2015  58 Received 7 paper copies of Amicus brief [49] filed by Gun Owners of America, Inc., et al. [9567508] (SD) [Entered: 06/09/2015 02:25 PM]
06/30/2015  59  Filed (ECF) Appellant Kamala D. Harris reply to response (motion to take judicial notice, ). Date of service: 06/30/2015. [9594703] [14-16840] (PHC) [Entered: 06/30/2015 04:45 PM]
06/30/2015  60  Submitted (ECF) Reply Brief for review. Submitted by Appellant Kamala D. Harris. Date of service: 06/30/2015. [9594726] [14-16840] (PHC) [Entered: 06/30/2015 04:53 PM]

Update by Charles Nichols, President of California Right To Carry – June 15,  2015 – Here’s the latest:

06/02/2015  49  Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Gun Owners of America, Gun Owners Foundation, U.S. Justice Foundation, Lincoln Institute for Research and Education, Abraham Lincoln Foundation for Public Policy Research, Institute on the Constitution, and Conservative Legal Defense and Education Fund. Date of service: 06/02/2015. [9559199] [14-16840] (HWT) [Entered: 06/02/2015 04:27 PM]
06/02/2015  50  Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by California Rifle and Pistol Association, Gun Owners of California. Date of service: 06/02/2015. [9559461] [14-16840] –[COURT UPDATE: Attached corrected brief. 06/05/2015 by TL] (CDM) [Entered: 06/02/2015 07:52 PM]
06/03/2015  51  Filed clerk order (Deputy Clerk: amt): Granting unopposed (ECF Filing) motion to extend time to file reply filed by Appellant Kamala D. Harris. The reply brief is due June 30, 2015. [9559959] (AT) [Entered: 06/03/2015 10:57 AM]
06/03/2015  52 Entered appearance of Amici Curiae Crime Prevention Research Center, Gun Owners of America, Inc., Gun Owners Foundation, USJF, Lincoln Institute for Research and Education, Abraham Lincoln Foundation for Public Policy Research, Inc., Institute on the Constitution, Conservative Legal Defense and Education Fund, California Rifle and Pistol Association, and Gun Owners of California. [9561024] (LA) [Entered: 06/03/2015 05:26 PM]
06/03/2015  53  Filed clerk order: The amicus brief [47] submitted by Crime Prevention Research Center 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 ECF. [9561026] (LA) [Entered: 06/03/2015 05:27 PM]
06/03/2015  54  Filed clerk order: The amicus brief [49] submitted by Gun Owners of America, Inc., Gun Owners Foundation, USJF, Lincoln Institute for Research and Education, Abraham Lincoln Foundation for Public Policy Research, Inc., Institute on the Constitution, and Conservative Legal Defense and Education Fund 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 ECF. [9561028] (LA) [Entered: 06/03/2015 05:29 PM]
06/04/2015  55 Received 7 paper copies of Amicus brief [47] filed by Crime Prevention Research Center. [9562278] (SD) [Entered: 06/04/2015 03:36 PM]
06/05/2015  56  Filed clerk order: The amicus brief [50] submitted by California Rifle and Pistol Association and Gun Owners of California 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 ECF. [9562988] (LA) [Entered: 06/05/2015 10:23 AM]
06/08/2015  57 Received 7 paper copies of Amicus brief [50] filed by California Rifle and Pistol Association and Gun Owners of California. [9565210] (SD) [Entered: 06/08/2015 01:40 PM]
06/09/2015  58 Received 7 paper copies of Amicus brief [49] filed by Gun Owners of America, Inc., et al. [9567508] (SD) [Entered: 06/09/2015 02:25 PM]

Update by Charles Nichols, President of California Right To Carry – June 1,  2015 – Here’s the latest:

05/26/2015  42  Submitted (ECF) Answering Brief and supplemental excerpts of record for review. Submitted by Appellees Jeff Silvester, The Calguns Foundation, Inc. and The Second Amendment Foundation, Inc.. Date of service: 05/26/2015. [9549304] [14-16840] (BAB) [Entered: 05/26/2015 12:10 PM]
05/26/2015  43  Filed (ECF) Appellees Jeff Silvester, The Calguns Foundation, Inc. and The Second Amendment Foundation, Inc. response opposing motion (motion to take judicial notice). Date of service: 05/26/2015. [9549318] [14-16840] (BAB) [Entered: 05/26/2015 12:20 PM]
05/26/2015  44  Filed clerk order: The answering brief [42] 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. The Court has reviewed the supplemental excerpts of record [42] submitted by appellees. 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. [9549843] (KT) [Entered: 05/26/2015 02:56 PM]
05/29/2015  45 Received 7 paper copies of Answering brief [42] filed by appellees. [9554919] (SD) [Entered: 05/29/2015 01:31 PM]
05/29/2015  46 Filed Appellees’ paper copies of supplemental excerpts of record [42] in 1 volume. [9555204] (KT) [Entered: 05/29/2015 03:05 PM]

Update May 7, 2015 – Lots of new activity, easier to just copy and paste the current docket.

General Docket
United States Court of Appeals for the Ninth Circuit
Court of Appeals Docket #: 14-16840 Docketed: 09/25/2014
Nature of Suit: 3440 Other Civil Rights
Jeff Silvester, et al v. Kamala Harris
Appeal From: U.S. District Court for Eastern California, Fresno
Fee Status: Paid
Case Type Information:
     1) civil
     2) private
     3) null
Originating Court Information:
     District: 0972-1 : 1:11-cv-02137-AWI-SKO
     Court Reporter: Gail Lacy Thomas
     Trial Judge: Anthony W. Ishii, Senior District Judge
     Date Filed: 12/23/2011
     Date Order/Judgment:      Date Order/Judgment EOD:      Date NOA Filed:      Date Rec’d COA:
     08/25/2014      08/25/2014      09/24/2014      09/24/2014
Prior Cases:
     None
Current Cases:
     None
JEFF SILVESTER
Plaintiff – Appellee,
Donald Kilmer, Jr., Attorney
Direct: 408-264-8489
[COR LD NTC Retained]
The Law Offices of Donald Kilmer
1645 Willow Street, Suite 150
San Jose, CA 95125

Bradley A. Benbrook, Attorney
Direct: 916-447-4900
[COR NTC Retained]
Benbrook Law Group
Suite # 1610
400 Capitol Mall
Sacramento, CA 95814

Stephen M. Duvernay, Attorney
Direct: 916-444-7573
[COR NTC Retained]
KLINEDINST PC
801 K Street
Sacramento, CA 95814

Victor J. Otten
Direct: 310-378-8533
[COR NTC Retained]
Otten Law, PC
Suite # 100
3620 Pacific Coast Highway
Torrance, CA 90505 BRANDON COMBS
Plaintiff – Appellee,Donald Kilmer, Jr., Attorney
Direct: 408-264-8489
[COR LD NTC Retained]
(see above)

Bradley A. Benbrook, Attorney
Direct: 916-447-4900
[COR NTC Retained]
(see above)

Stephen M. Duvernay, Attorney
Direct: 916-444-7573
[COR NTC Retained]
(see above)

Victor J. Otten
Direct: 310-378-8533
[COR NTC Retained]
(see above) THE CALGUNS FOUNDATION, INC., a non-profit organization
Plaintiff – Appellee,Donald Kilmer, Jr., Attorney
Direct: 408-264-8489
[COR LD NTC Retained]
(see above)

Bradley A. Benbrook, Attorney
Direct: 916-447-4900
[COR NTC Retained]
(see above)

Stephen M. Duvernay, Attorney
Direct: 916-444-7573
[COR NTC Retained]
(see above)

Victor J. Otten
Direct: 310-378-8533
[COR NTC Retained]
(see above) THE SECOND AMENDMENT FOUNDATION, INC., a non-profit organization
Plaintiff – Appellee,Donald Kilmer, Jr., Attorney
Direct: 408-264-8489
[COR LD NTC Retained]
(see above)

Bradley A. Benbrook, Attorney
Direct: 916-447-4900
[COR NTC Retained]
(see above)

Stephen M. Duvernay, Attorney
Direct: 916-444-7573
[COR NTC Retained]
(see above)

Victor J. Otten
Direct: 310-378-8533
[COR NTC Retained]
(see above)   v.KAMALA D. HARRIS, Attorney General, Attorney General of the State of California, in her official capacity
Defendant – Appellant,Jonathan Michael Eisenberg, Deputy Attorney General
Direct: 213-897-6505
[COR LD NTC Dep State Aty Gen]
California Department of Justice
Suite 1702
300 S. Spring Street
Los Angeles, CA 90013

Peter H. Chang
Direct: 415-703-5939
[COR NTC Dep State Aty Gen]
AGCA – Office of the California Attorney General
Suite # 11000
455 Golden Gate Avenue
San Francisco, CA 94102——————————BRADY CENTER TO PREVENT GUN VIOLENCE
Amicus Curiae,Anthony Basich
Direct: 310-785-4600
[COR LD NTC Retained]
Hogan Lovells US LLP
Suite 1400
1999 Avenue of the Stars
Los Angeles, CA 90067 EVERYTOWN FOR GUN SAFETY
Amicus Curiae,Deepak Gupta
Direct: 202-888-1741
[COR LD NTC Retained]
Gupta Beck PLLC
1735 20th Street, NW
Washington, DC 20009 LAW CENTER TO PREVENT GUN VIOLENCE
Amicus Curiae,Simon J. Frankel, Esquire, Attorney
[COR LD NTC Retained]
Covington & Burling, LLP
One Front Street
San Francisco, CA 94111-5356

JEFF SILVESTER; BRANDON COMBS; THE CALGUNS FOUNDATION, INC., a non-profit organization; THE SECOND AMENDMENT FOUNDATION, INC., a non-profit organization,

Plaintiffs – Appellees,

v.

KAMALA D. HARRIS, Attorney General of the State of California, in her official capacity,

Defendant – Appellant.

09/25/2014  1 
16 pg, 609.46 KB
DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 10/02/2014. Transcript ordered by 10/24/2014. Transcript due 11/24/2014. Appellant Kamala D. Harris, Attorney General opening brief due 01/02/2015. Appellees Brandon Combs, Jeff Silvester, The Calguns Foundation, Inc. and The Second Amendment Foundation, Inc. answering brief due 02/02/2015. Appellant’s optional reply brief is due 14 days after service of the answering brief. [9253411] (RT) [Entered: 09/25/2014 09:51 AM]
09/29/2014  2 
2 pg, 168.67 KB
Filed (ECF) notice of appearance of Peter H. Chang for Appellant Kamala D. Harris. Date of service: 09/29/2014. [9258383] (PHC) [Entered: 09/29/2014 04:46 PM]
09/29/2014  3 Added attorney Peter H. Chang for Kamala D. Harris. [9258391] (RL) [Entered: 09/29/2014 04:48 PM]
09/29/2014  4 
5 pg, 124.63 KB
Filed (ECF) Appellant Kamala D. Harris Unopposed Motion for miscellaneous relief [Motion to Hold Appeal in Abeyance and to Discharge Time Scheduling Order]. Date of service: 09/29/2014. [9258421] (PHC) [Entered: 09/29/2014 04:55 PM]
10/07/2014  5 
2 pg, 44.51 KB
ENTRY UPDATED. Filed clerk order: (AT) The notice of appeal was filed during the pendency of a timely filed motion listed in Federal Rule of Appellate Procedure 4(a)(4). The notice of appeal is therefore ineffective until entry of the order disposing of the last such motion outstanding. See Fed. R. App. P. 4(a)(4). Accordingly, appellant’s motion to hold this appeal in abeyance is granted. Appellate proceedings other than mediation shall be held in abeyance pending the district court’s resolution of the motion to amend the judgment. See Leader Nat’l Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994). Within 5 days after the district court’s ruling on the pending motion, appellant shall notify this court in writing of the ruling and shall advise whether appellant intends to prosecute this appeal. To appeal the district court’s ruling on the post-judgment motion, appellant must file an amended notice of appeal within the time prescribed by Federal Rule of Appellate Procedure 4. The Clerk shall serve this order on the district court. [9268035]–[Edited 10/07/2014 by DEV, NDA re-sent to DC] (DEV) [Entered: 10/07/2014 10:34 AM]
10/13/2014  6 
3 pg, 1008.8 KB
Filed (ECF) Appellant Kamala D. Harris Mediation Questionnaire. Date of service: 10/13/2014. [9274663] (JME) [Entered: 10/13/2014 12:10 PM]
10/20/2014  7 
2 pg, 91.3 KB
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. [9283359] (VS) [Entered: 10/20/2014 03:35 PM]
10/22/2014  8 
2 pg, 145.19 KB
Filed (ECF) notice of appearance of Victor Otten for Appellant Kamala D. Harris and Appellees Brandon Combs, Jeff Silvester, The Calguns Foundation, Inc. and The Second Amendment Foundation, Inc.. Date of service: 10/22/2014. [9286240] (VJO) [Entered: 10/22/2014 11:20 AM]
10/22/2014  9 Added attorney Victor J. Otten for The Calguns Foundation, Inc. Brandon Combs Jeff Silvester The Second Amendment Foundation, Inc., in case 14-16840. [9286271] (CW) [Entered: 10/22/2014 11:33 AM]
10/24/2014  10 
2 pg, 188.38 KB
Filed (ECF) notice of appearance of Bradley A. Benbrook for Appellees Brandon Combs, Jeff Silvester, The Calguns Foundation, Inc. and The Second Amendment Foundation, Inc.. Date of service: 10/24/2014. [9289592] (BAB) [Entered: 10/24/2014 01:06 PM]
10/24/2014  11 
2 pg, 189.13 KB
Filed (ECF) notice of appearance of Stephen M. Duvernay for Appellees Brandon Combs, Jeff Silvester, The Calguns Foundation, Inc. and The Second Amendment Foundation, Inc.. Date of service: 10/24/2014. [9289594] (BAB) [Entered: 10/24/2014 01:07 PM]
10/24/2014  12 Added attorney Bradley A. Benbrook, Stephen M. Duvernay for The Calguns Foundation, Inc. Brandon Combs Jeff Silvester The Second Amendment Foundation, Inc., in case 14-16840. [9289674] (CW) [Entered: 10/24/2014 01:40 PM]
11/25/2014  13 
4 pg, 31.45 KB
Filed (ECF) Appellant Kamala D. Harris status report (as required by Court order dated 10/07/2014). Date of service: 11/25/2014 [9326642] [14-16840] (JME) [Entered: 11/25/2014 02:33 PM]
12/02/2014  14 
2 pg, 41.86 KB
Filed clerk order (Deputy Clerk: AT): The response to this court’s October 7, 2014 order reflects that the district court has denied the post-judgment motion. Accordingly, briefing resumes. To appeal the district court’s ruling on the post-judgment motion, appellant must file an amended notice of appeal within the time prescribed by Federal Rule of Appellate Procedure 4. On or before December 15, 2014, appellant shall designate any reporter’s transcripts or serve on appellees a statement indicating that appellant does not intend to order any transcripts. See 9th Cir. R. 10-3.1(a). If appellant fails to comply with this order, the Clerk shall dismiss this appeal for failure to prosecute. See 9th Cir. R. 42-1. If appellant designates transcripts, the transcripts will be due January 14, 2015. The opening brief and excerpts of record are due February 23, 2015; the answering brief is due March 25, 2015; and the optional reply brief is due within 14 days after service of the answering brief. [9332608] (WL) [Entered: 12/02/2014 08:53 AM]
12/09/2014  15 
38 pg, 4.88 MB
Filed (ECF) Appellant Kamala D. Harris Urgent Motion to stay lower court action. Date of service: 12/09/2014. [9343223] [14-16840] (JME) [Entered: 12/09/2014 06:51 PM]
12/12/2014  16 
2 pg, 9.12 KB
Filed (ECF) Appellant Kamala D. Harris response to Court order dated 12/02/2014. Date of service: 12/12/2014. [9348290] [14-16840] (PHC) [Entered: 12/12/2014 04:55 PM]
12/19/2014  17 
120 pg, 3.68 MB
Filed (ECF) Appellees Brandon Combs, Jeff Silvester, The Calguns Foundation, Inc. and The Second Amendment Foundation, Inc. response opposing motion (motion to stay lower court action). Date of service: 12/19/2014. [9357098] [14-16840] (BAB) [Entered: 12/19/2014 04:31 PM]
12/19/2014  18 
3 pg, 126.22 KB
Received copy of amended notice of appeal from district court. Notice of appeal by Kamala D. Harris asto [123] Order on Motion to amend the judgment, order on motion to stay. (filing fee $505, receipt number 0972-5666432) [9359219] (RL) [Entered: 12/22/2014 04:43 PM]
12/29/2014  19 
52 pg, 558.67 KB
Filed (ECF) Appellant Kamala D. Harris reply to response (). Date of service: 12/29/2014. [9364585] [14-16840] (PHC) [Entered: 12/29/2014 04:33 PM]
01/12/2015  20 
1 pg, 41.3 KB
Filed order (SUSAN P. GRABER, CONSUELO M. CALLAHAN and MORGAN B. CHRISTEN) Appellant’s motion to stay the district court’s August 25, 2014 order pending appeal is granted. See Hilton v. Braunskill, 481 U.S. 770, 776 (1987). The briefing schedule established previously remains in effect. [9378242] (WL) [Entered: 01/12/2015 11:02 AM]
02/03/2015  21 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Kamala D. Harris. New requested due date is 03/25/2015. [9406436] [14-16840] (JME) [Entered: 02/03/2015 09:56 AM]
02/03/2015  22 Streamlined request [21] by Appellant Kamala D. Harris to extend time to file the brief is approved. Amended briefing schedule: Appellant Kamala D. Harris, Attorney General opening brief due 03/25/2015. Appellees Brandon Combs, Jeff Silvester, The Calguns Foundation, Inc. and The Second Amendment Foundation, Inc. answering brief due 04/24/2015. The optional reply brief is due 14 days from the date of service of the answering brief. [9407325] (CG) [Entered: 02/03/2015 02:05 PM]
02/03/2015  23 
4 pg, 97.95 KB
Filed (ECF) Appellees Brandon Combs, Jeff Silvester, The Calguns Foundation, Inc. and The Second Amendment Foundation, Inc. response opposing motion (). Date of service: 02/03/2015. [9407813] [14-16840] (DK) [Entered: 02/03/2015 04:23 PM]
03/25/2015  24 
428 pg, 17.11 MB
Submitted (ECF) Opening Brief and excerpts of record for review. Submitted by Appellant Kamala D. Harris. Date of service: 03/25/2015. [9472628] [14-16840] (JME) [Entered: 03/25/2015 06:50 PM]
03/25/2015  25 
75 pg, 14.29 MB
Filed (ECF) Appellant Kamala D. Harris Motion to take judicial notice of Certain Documents. Date of service: 03/25/2015. [9472629] [14-16840] (JME) [Entered: 03/25/2015 06:54 PM]
03/26/2015  26 
2 pg, 187.59 KB
Filed clerk order: The opening brief [24] submitted by Kamala D. Harris 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 [24] submitted by Kamala D. Harris. 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. [9473670] (KT) [Entered: 03/26/2015 01:51 PM]
03/30/2015  27 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Brandon Combs, Jeff Silvester, The Calguns Foundation, Inc. and The Second Amendment Foundation, Inc.. New requested due date is 05/26/2015. [9476773] [14-16840] (BAB) [Entered: 03/30/2015 12:58 PM]
03/30/2015  29 Filed Appellant Kamala D. Harris paper copies of excerpts of record [24] in 2 volume(s). [9478237] (KT) [Entered: 03/31/2015 09:53 AM]
03/30/2015  30 Received 7 paper copies of Opening brief [24] filed by Kamala D. Harris. [9478248] (SD) [Entered: 03/31/2015 09:56 AM]
03/31/2015  28 Streamlined request [27] by Appellees Brandon Combs, Jeff Silvester, The Calguns Foundation, Inc. and The Second Amendment Foundation, Inc. to extend time to file the brief is approved. Amended briefing schedule: Appellees Brandon Combs, Jeff Silvester, The Calguns Foundation, Inc. and The Second Amendment Foundation, Inc. answering brief due 05/26/2015. The optional reply brief is due 14 days from the date of service of the answering brief. [9478128] (CG) [Entered: 03/31/2015 09:24 AM]
04/01/2015  31 
19 pg, 67.4 KB
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by BRADY CENTER TO PREVENT GUN VIOLENCE. Date of service: 04/01/2015. [9480702] [14-16840] (AB) [Entered: 04/01/2015 02:45 PM]
04/01/2015  32 Entered appearance of Amicus Curiae Brady Center to Prevent Gun Violence. [9481098] (LA) [Entered: 04/01/2015 04:49 PM]
04/01/2015  33 
2 pg, 187.19 KB
Filed clerk order: The amicus brief [31] 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 ECF. [9481099] (LA) [Entered: 04/01/2015 04:50 PM]
04/01/2015  34 
195 pg, 28.64 MB
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by EVERYTOWN FOR GUN SAFETY. Date of service: 04/01/2015. [9481132] [14-16840] (DG) [Entered: 04/01/2015 05:07 PM]
04/01/2015  35 
26 pg, 87.64 KB
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by The Law Center to Prevent Gun Violence. Date of service: 04/01/2015. [9481164] [14-16840] (SJF) [Entered: 04/01/2015 07:16 PM]
04/02/2015  36 Entered appearance of Amici Curiae Everytown for Gun Safety and Law Center to Prevent Gun Violence. [9482537] (LA) [Entered: 04/02/2015 04:05 PM]
04/02/2015  37 
2 pg, 187.18 KB
Filed clerk order: The amicus brief [34] submitted by Everytown for Gun Safety 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 ECF. [9482539] (LA) [Entered: 04/02/2015 04:06 PM]
04/02/2015  38 
2 pg, 187.17 KB
Filed clerk order: The amicus brief [35] submitted by Law 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 ECF. [9482540] (LA) [Entered: 04/02/2015 04:06 PM]
04/06/2015  39 Received 7 paper copies of Amicus brief [31] filed by Brady Center to Prevent Gun Violence. [9485281] (SD) [Entered: 04/06/2015 02:39 PM]
04/06/2015  40 Received 7 paper copies of Amicus brief [35] filed by Law Center to Prevent Gun Violence. [9486173] (SD) [Entered: 04/07/2015 10:02 AM]
04/09/2015  41 Received 7 paper copies of Amicus brief [34] filed by Everytown for Gun Safety. [9489545] (SD) [Entered: 04/09/2015 11:00 AM]

Update April 27, 2015 – Nothing new.

Update April 18, 2015 – There has been a lot of activity in the appeal.

03/25/2015  24 
428 pg, 17.11 MB
Submitted (ECF) Opening Brief and excerpts of record for review. Submitted by Appellant Kamala D. Harris. Date of service: 03/25/2015. [9472628] [14-16840] (JME) [Entered: 03/25/2015 06:50 PM]
03/25/2015  25 
75 pg, 14.29 MB
Filed (ECF) Appellant Kamala D. Harris Motion to take judicial notice of Certain Documents. Date of service: 03/25/2015. [9472629] [14-16840] (JME) [Entered: 03/25/2015 06:54 PM]
03/26/2015  26 
2 pg, 187.59 KB
Filed clerk order: The opening brief [24] submitted by Kamala D. Harris 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 [24] submitted by Kamala D. Harris. 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. [9473670] (KT) [Entered: 03/26/2015 01:51 PM]
03/30/2015  27 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Brandon Combs, Jeff Silvester, The Calguns Foundation, Inc. and The Second Amendment Foundation, Inc.. New requested due date is 05/26/2015. [9476773] [14-16840] (BAB) [Entered: 03/30/2015 12:58 PM]
03/30/2015  29 Filed Appellant Kamala D. Harris paper copies of excerpts of record [24] in 2 volume(s). [9478237] (KT) [Entered: 03/31/2015 09:53 AM]
03/30/2015  30 Received 7 paper copies of Opening brief [24] filed by Kamala D. Harris. [9478248] (SD) [Entered: 03/31/2015 09:56 AM]
03/31/2015  28 Streamlined request [27] by Appellees Brandon Combs, Jeff Silvester, The Calguns Foundation, Inc. and The Second Amendment Foundation, Inc. to extend time to file the brief is approved. Amended briefing schedule: Appellees Brandon Combs, Jeff Silvester, The Calguns Foundation, Inc. and The Second Amendment Foundation, Inc. answering brief due 05/26/2015. The optional reply brief is due 14 days from the date of service of the answering brief. [9478128] (CG) [Entered: 03/31/2015 09:24 AM]
04/01/2015  31 
19 pg, 67.4 KB
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by BRADY CENTER TO PREVENT GUN VIOLENCE. Date of service: 04/01/2015. [9480702] [14-16840] (AB) [Entered: 04/01/2015 02:45 PM]
04/01/2015  32 Entered appearance of Amicus Curiae Brady Center to Prevent Gun Violence. [9481098] (LA) [Entered: 04/01/2015 04:49 PM]
04/01/2015  33 
2 pg, 187.19 KB
Filed clerk order: The amicus brief [31] 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 ECF. [9481099] (LA) [Entered: 04/01/2015 04:50 PM]
04/01/2015  34 
195 pg, 28.64 MB
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by EVERYTOWN FOR GUN SAFETY. Date of service: 04/01/2015. [9481132] [14-16840] (DG) [Entered: 04/01/2015 05:07 PM]
04/01/2015  35 
26 pg, 87.64 KB
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by The Law Center to Prevent Gun Violence. Date of service: 04/01/2015. [9481164] [14-16840] (SJF) [Entered: 04/01/2015 07:16 PM]
04/02/2015  36 Entered appearance of Amici Curiae Everytown for Gun Safety and Law Center to Prevent Gun Violence. [9482537] (LA) [Entered: 04/02/2015 04:05 PM]
04/02/2015  37 
2 pg, 187.18 KB
Filed clerk order: The amicus brief [34] submitted by Everytown for Gun Safety 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 ECF. [9482539] (LA) [Entered: 04/02/2015 04:06 PM]
04/02/2015  38 
2 pg, 187.17 KB
Filed clerk order: The amicus brief [35] submitted by Law 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 ECF. [9482540] (LA) [Entered: 04/02/2015 04:06 PM]
04/06/2015  39 Received 7 paper copies of Amicus brief [31] filed by Brady Center to Prevent Gun Violence. [9485281] (SD) [Entered: 04/06/2015 02:39 PM]
04/06/2015  40 Received 7 paper copies of Amicus brief [35] filed by Law Center to Prevent Gun Violence. [9486173] (SD) [Entered: 04/07/2015 10:02 AM]
04/09/2015  41 Received 7 paper copies of Amicus brief [34] filed by Everytown for Gun Safety. [9489545] (SD) [Entered: 04/09/2015 11:00 AM]

Update March 17, 2015 – This is a CalGuns lawsuit which should make anyone skeptical of eventual success.  Here is today’s docket.

General Docket
United States Court of Appeals for the Ninth Circuit
Court of Appeals Docket #: 14-16840 Docketed: 09/25/2014
Nature of Suit: 3440 Other Civil Rights
Jeff Silvester, et al v. Kamala Harris
Appeal From: U.S. District Court for Eastern California, Fresno
Fee Status: Paid
Case Type Information:
     1) civil
     2) private
     3) null
Originating Court Information:
     District: 0972-1 : 1:11-cv-02137-AWI-SKO
     Court Reporter: Gail Lacy Thomas
     Trial Judge: Anthony W. Ishii, Senior District Judge
     Date Filed: 12/23/2011
     Date Order/Judgment:      Date Order/Judgment EOD:      Date NOA Filed:      Date Rec’d COA:
     08/25/2014      08/25/2014      09/24/2014      09/24/2014

12/02/2014  14  Filed clerk order (Deputy Clerk: AT): The response to this court’s October 7, 2014 order reflects that the district court has denied the post-judgment motion. Accordingly, briefing resumes. To appeal the district court’s ruling on the post-judgment motion, appellant must file an amended notice of appeal within the time prescribed by Federal Rule of Appellate Procedure 4. On or before December 15, 2014, appellant shall designate any reporter’s transcripts or serve on appellees a statement indicating that appellant does not intend to order any transcripts. See 9th Cir. R. 10-3.1(a). If appellant fails to comply with this order, the Clerk shall dismiss this appeal for failure to prosecute. See 9th Cir. R. 42-1. If appellant designates transcripts, the transcripts will be due January 14, 2015. The opening brief and excerpts of record are due February 23, 2015; the answering brief is due March 25, 2015; and the optional reply brief is due within 14 days after service of the answering brief. [9332608] (WL) [Entered: 12/02/2014 08:53 AM]
12/09/2014  15  Filed (ECF) Appellant Kamala D. Harris Urgent Motion to stay lower court action. Date of service: 12/09/2014. [9343223] [14-16840] (JME) [Entered: 12/09/2014 06:51 PM]
12/12/2014  16  Filed (ECF) Appellant Kamala D. Harris response to Court order dated 12/02/2014. Date of service: 12/12/2014. [9348290] [14-16840] (PHC) [Entered: 12/12/2014 04:55 PM]
12/19/2014  17  Filed (ECF) Appellees Brandon Combs, Jeff Silvester, The Calguns Foundation, Inc. and The Second Amendment Foundation, Inc. response opposing motion (motion to stay lower court action). Date of service: 12/19/2014. [9357098] [14-16840] (BAB) [Entered: 12/19/2014 04:31 PM]
12/19/2014  18  Received copy of amended notice of appeal from district court. Notice of appeal by Kamala D. Harris asto [123] Order on Motion to amend the judgment, order on motion to stay. (filing fee $505, receipt number 0972-5666432) [9359219] (RL) [Entered: 12/22/2014 04:43 PM]
12/29/2014  19  Filed (ECF) Appellant Kamala D. Harris reply to response (). Date of service: 12/29/2014. [9364585] [14-16840] (PHC) [Entered: 12/29/2014 04:33 PM]
01/12/2015  20  Filed order (SUSAN P. GRABER, CONSUELO M. CALLAHAN and MORGAN B. CHRISTEN) Appellant’s motion to stay the district court’s August 25, 2014 order pending appeal is granted. See Hilton v. Braunskill, 481 U.S. 770, 776 (1987). The briefing schedule established previously remains in effect. [9378242] (WL) [Entered: 01/12/2015 11:02 AM]
02/03/2015  21 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Kamala D. Harris. New requested due date is 03/25/2015. [9406436] [14-16840] (JME) [Entered: 02/03/2015 09:56 AM]
02/03/2015  22 Streamlined request [21] by Appellant Kamala D. Harris to extend time to file the brief is approved. Amended briefing schedule: Appellant Kamala D. Harris, Attorney General opening brief due 03/25/2015. Appellees Brandon Combs, Jeff Silvester, The Calguns Foundation, Inc. and The Second Amendment Foundation, Inc. answering brief due 04/24/2015. The optional reply brief is due 14 days from the date of service of the answering brief. [9407325] (CG) [Entered: 02/03/2015 02:05 PM]
02/03/2015  23  Filed (ECF) Appellees Brandon Combs, Jeff Silvester, The Calguns Foundation, Inc. and The Second Amendment Foundation, Inc. response opposing motion (). Date of service: 02/03/2015. [9407813] [14-16840] (DK) [Entered: 02/03/2015 04:23 PM]

Update January 20, 2015 – This case is on appeal (the Plaintiff’s won).  It is unlikely that I will post anymore updates unless the decision is reversed on appeal.

Update October 6, 2014 – Motion hearing rescheduled to 11/10/2014.

Doc.
No.
Dates Description
116
Filed & Entered:   10/06/2014
Docket Text Minute Order
115
Filed & Entered:   10/03/2014
Docket Text Minute Order
114
Filed & Entered:   09/29/2014
Docket Text Motion to Stay
112
Filed & Entered:   09/25/2014
Docket Text Appeal Processed to USCA
113
Filed & Entered:   09/25/2014
Docket Text USCA Case Number
111
Filed & Entered:   09/24/2014
Docket Text Notice of Appeal
110
Filed & Entered:   09/22/2014
Docket Text Motion to Amend the Judgment

Full docket text for document 116:
MINUTE ORDER: (Text Entry Only) Due to the availability of the Court and the press of business, Defendants [114] Motion to Stay and [110] Motion to Alter or Amend the Judgment previously set for 10/27/2014, have been CONTINUED to 11/10/2014, at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Minute Order signed by District Judge Anthony W. Ishii on 10/6/2014. (Gaumnitz, R)

Full docket text for document 115:
MINUTE ORDER: (Text Entry Only) Hearing on the [108] Motion for Attorney’s Fees previously set for 12/15/2014, has been ADVANCED to 12/8/2014, at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Minute Order signed by District Judge Anthony W. Ishii on 10/3/2014. (Gaumnitz, R)

Update October 3, 2014 – California Attorney General Harris filed a motion to stay the judgment pending appeal on September 29, 2014.  The hearing date is tentatively set for October 27, 2014.

Update September 24, 2014 – California Attorney General Harris filed a notice of appeal today and a motion to amend the judgment on Monday.

Update August 25, 2014 – California Attorney General Harris lost today.  Harris’ lawyer in this case is the same lawyer whom she assigned to my case.  He made the same Second Amendment arguments in this case as he did in my case.  In this case Judge Ishii granted judgment in favor of plaintiffs on Second Amendment grounds alone.  He did not discuss the 14th Amendment claims.  Here is a link to the Findings of Fact and Conclusions of Law.  Here is a link to the judgment.

Update July 22, 2014 – The district court has rejected the Amicus Brief by the Brady Bunch.  Closing arguments are scheduled for August 15, 2014.  After that, it is off to the court of appeals.

Update April 22, 2014 – The unredacted transcripts of the trial are now available: From March 25, March 26, March 27.  Redaction Requests due 5/1/2014. Redacted Transcript Deadline set for 5/12/2014. Release of Transcript Restriction set for 7/10/2014.

Update April 14, 2014 – The trial transcripts are scheduled to be available for download to the general public on July 10, 2014.

Update March 27, 2014 – the bench trial is now over, we are now waiting for a decision.  This is the California 10 day waiting period case which is explained more fully here.

 

General Docket
United States Court of Appeals for the Ninth Circuit
Court of Appeals Docket #: 14-16840 Docketed: 09/25/2014
Nature of Suit: 3440 Other Civil Rights
Jeff Silvester, et al v. Kamala Harris
Appeal From: U.S. District Court for Eastern California, Fresno
Fee Status: Paid
Case Type Information:
     1) civil
     2) private
     3) null
Originating Court Information:
     District: 0972-1 : 1:11-cv-02137-AWI-SKO
     Court Reporter: Gail Lacy Thomas
     Trial Judge: Anthony W. Ishii, Senior District Judge
     Date Filed: 12/23/2011
     Date Order/Judgment:      Date Order/Judgment EOD:      Date NOA Filed:      Date Rec’d COA:
     08/25/2014      08/25/2014      09/24/2014      09/24/2014
Prior Cases:
     None
Current Cases:
     None

 

JEFF SILVESTER
Plaintiff – Appellee,
Donald Kilmer, Jr., Attorney
Direct: 408-264-8489
[COR LD NTC Retained]
The Law Offices of Donald Kilmer
1645 Willow Street, Suite 150
San Jose, CA 95125Bradley A. Benbrook, Attorney
Direct: 916-447-4900
[COR NTC Retained]
Benbrook Law Group
Suite # 1610
400 Capitol Mall
Sacramento, CA 95814

Stephen M. Duvernay, Attorney
Direct: 916-444-7573
[COR NTC Retained]
KLINEDINST PC
801 K Street
Sacramento, CA 95814

Victor J. Otten
Direct: 310-378-8533
[COR NTC Retained]
Otten Law, PC
Suite # 100
3620 Pacific Coast Highway
Torrance, CA 90505 BRANDON COMBS
Plaintiff – Appellee,Donald Kilmer, Jr., Attorney
Direct: 408-264-8489
[COR LD NTC Retained]
(see above)Bradley A. Benbrook, Attorney
Direct: 916-447-4900
[COR NTC Retained]
(see above)

Stephen M. Duvernay, Attorney
Direct: 916-444-7573
[COR NTC Retained]
(see above)

Victor J. Otten
Direct: 310-378-8533
[COR NTC Retained]
(see above) THE CALGUNS FOUNDATION, INC., a non-profit organization
Plaintiff – Appellee,Donald Kilmer, Jr., Attorney
Direct: 408-264-8489
[COR LD NTC Retained]
(see above)Bradley A. Benbrook, Attorney
Direct: 916-447-4900
[COR NTC Retained]
(see above)

Stephen M. Duvernay, Attorney
Direct: 916-444-7573
[COR NTC Retained]
(see above)

Victor J. Otten
Direct: 310-378-8533
[COR NTC Retained]
(see above) THE SECOND AMENDMENT FOUNDATION, INC., a non-profit organization
Plaintiff – Appellee,Donald Kilmer, Jr., Attorney
Direct: 408-264-8489
[COR LD NTC Retained]
(see above)Bradley A. Benbrook, Attorney
Direct: 916-447-4900
[COR NTC Retained]
(see above)

Stephen M. Duvernay, Attorney
Direct: 916-444-7573
[COR NTC Retained]
(see above)

Victor J. Otten
Direct: 310-378-8533
[COR NTC Retained]
(see above)   v.KAMALA D. HARRIS, Attorney General, Attorney General of the State of California, in her official capacity
Defendant – Appellant,Jonathan Michael Eisenberg, Deputy Attorney General
Direct: 213-897-6505
[COR LD NTC Dep State Aty Gen]
CALIFORNIA DEPARTMENT OF JUSTICE
Suite 1702
300 S. Spring Street
Los Angeles, CA 90013Peter H. Chang
Direct: 415-703-5939
[COR NTC Dep State Aty Gen]
AGCA – OFFICE OF THE CALIFORNIA ATTORNEY GENERAL
Suite # 11000
455 Golden Gate Avenue
San Francisco, CA 94102——————————BRADY CENTER TO PREVENT GUN VIOLENCE
Amicus Curiae,Anthony Basich
Direct: 310-785-4600
[COR LD NTC Retained]
Hogan Lovells US LLP
Suite 1400
1999 Avenue of the Stars
Los Angeles, CA 90067 EVERYTOWN FOR GUN SAFETY
Amicus Curiae,Deepak Gupta
Direct: 202-888-1741
[COR LD NTC Retained]
Gupta Beck PLLC
1735 20th Street, NW
Washington, DC 20009 LAW CENTER TO PREVENT GUN VIOLENCE
Amicus Curiae,Simon J. Frankel, Esquire, Attorney
[COR LD NTC Retained]
Covington & Burling, LLP
One Front Street
San Francisco, CA 94111-5356

JEFF SILVESTER; BRANDON COMBS; THE CALGUNS FOUNDATION, INC., a non-profit organization; THE SECOND AMENDMENT FOUNDATION, INC., a non-profit organization,Plaintiffs – Appellees,

v.

KAMALA D. HARRIS, Attorney General of the State of California, in her official capacity,

Defendant – Appellant.

09/25/2014  1 
16 pg, 609.46 KB
DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 10/02/2014. Transcript ordered by 10/24/2014. Transcript due 11/24/2014. Appellant Kamala D. Harris, Attorney General opening brief due 01/02/2015. Appellees Brandon Combs, Jeff Silvester, The Calguns Foundation, Inc. and The Second Amendment Foundation, Inc. answering brief due 02/02/2015. Appellant’s optional reply brief is due 14 days after service of the answering brief. [9253411] (RT) [Entered: 09/25/2014 09:51 AM]
09/29/2014  2 
2 pg, 168.67 KB
Filed (ECF) notice of appearance of Peter H. Chang for Appellant Kamala D. Harris. Date of service: 09/29/2014. [9258383] (PHC) [Entered: 09/29/2014 04:46 PM]
09/29/2014  3 Added attorney Peter H. Chang for Kamala D. Harris. [9258391] (RL) [Entered: 09/29/2014 04:48 PM]
09/29/2014  4 
5 pg, 124.63 KB
Filed (ECF) Appellant Kamala D. Harris Unopposed Motion for miscellaneous relief [Motion to Hold Appeal in Abeyance and to Discharge Time Scheduling Order]. Date of service: 09/29/2014. [9258421] (PHC) [Entered: 09/29/2014 04:55 PM]
10/07/2014  5 
2 pg, 44.51 KB
ENTRY UPDATED. Filed clerk order: (AT) The notice of appeal was filed during the pendency of a timely filed motion listed in Federal Rule of Appellate Procedure 4(a)(4). The notice of appeal is therefore ineffective until entry of the order disposing of the last such motion outstanding. See Fed. R. App. P. 4(a)(4). Accordingly, appellant’s motion to hold this appeal in abeyance is granted. Appellate proceedings other than mediation shall be held in abeyance pending the district court’s resolution of the motion to amend the judgment. See Leader Nat’l Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994). Within 5 days after the district court’s ruling on the pending motion, appellant shall notify this court in writing of the ruling and shall advise whether appellant intends to prosecute this appeal. To appeal the district court’s ruling on the post-judgment motion, appellant must file an amended notice of appeal within the time prescribed by Federal Rule of Appellate Procedure 4. The Clerk shall serve this order on the district court. [9268035]–[Edited 10/07/2014 by DEV, NDA re-sent to DC] (DEV) [Entered: 10/07/2014 10:34 AM]
10/13/2014  6 
3 pg, 1008.8 KB
Filed (ECF) Appellant Kamala D. Harris Mediation Questionnaire. Date of service: 10/13/2014. [9274663] (JME) [Entered: 10/13/2014 12:10 PM]
10/20/2014  7 
2 pg, 91.3 KB
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. [9283359] (VS) [Entered: 10/20/2014 03:35 PM]
10/22/2014  8 
2 pg, 145.19 KB
Filed (ECF) notice of appearance of Victor Otten for Appellant Kamala D. Harris and Appellees Brandon Combs, Jeff Silvester, The Calguns Foundation, Inc. and The Second Amendment Foundation, Inc.. Date of service: 10/22/2014. [9286240] (VJO) [Entered: 10/22/2014 11:20 AM]
10/22/2014  9 Added attorney Victor J. Otten for The Calguns Foundation, Inc. Brandon Combs Jeff Silvester The Second Amendment Foundation, Inc., in case 14-16840. [9286271] (CW) [Entered: 10/22/2014 11:33 AM]
10/24/2014  10 
2 pg, 188.38 KB
Filed (ECF) notice of appearance of Bradley A. Benbrook for Appellees Brandon Combs, Jeff Silvester, The Calguns Foundation, Inc. and The Second Amendment Foundation, Inc.. Date of service: 10/24/2014. [9289592] (BAB) [Entered: 10/24/2014 01:06 PM]
10/24/2014  11 
2 pg, 189.13 KB
Filed (ECF) notice of appearance of Stephen M. Duvernay for Appellees Brandon Combs, Jeff Silvester, The Calguns Foundation, Inc. and The Second Amendment Foundation, Inc.. Date of service: 10/24/2014. [9289594] (BAB) [Entered: 10/24/2014 01:07 PM]
10/24/2014  12 Added attorney Bradley A. Benbrook, Stephen M. Duvernay for The Calguns Foundation, Inc. Brandon Combs Jeff Silvester The Second Amendment Foundation, Inc., in case 14-16840. [9289674] (CW) [Entered: 10/24/2014 01:40 PM]
11/25/2014  13 
4 pg, 31.45 KB
Filed (ECF) Appellant Kamala D. Harris status report (as required by Court order dated 10/07/2014). Date of service: 11/25/2014 [9326642] [14-16840] (JME) [Entered: 11/25/2014 02:33 PM]
12/02/2014  14 
2 pg, 41.86 KB
Filed clerk order (Deputy Clerk: AT): The response to this court’s October 7, 2014 order reflects that the district court has denied the post-judgment motion. Accordingly, briefing resumes. To appeal the district court’s ruling on the post-judgment motion, appellant must file an amended notice of appeal within the time prescribed by Federal Rule of Appellate Procedure 4. On or before December 15, 2014, appellant shall designate any reporter’s transcripts or serve on appellees a statement indicating that appellant does not intend to order any transcripts. See 9th Cir. R. 10-3.1(a). If appellant fails to comply with this order, the Clerk shall dismiss this appeal for failure to prosecute. See 9th Cir. R. 42-1. If appellant designates transcripts, the transcripts will be due January 14, 2015. The opening brief and excerpts of record are due February 23, 2015; the answering brief is due March 25, 2015; and the optional reply brief is due within 14 days after service of the answering brief. [9332608] (WL) [Entered: 12/02/2014 08:53 AM]
12/09/2014  15 
38 pg, 4.88 MB
Filed (ECF) Appellant Kamala D. Harris Urgent Motion to stay lower court action. Date of service: 12/09/2014. [9343223] [14-16840] (JME) [Entered: 12/09/2014 06:51 PM]
12/12/2014  16 
2 pg, 9.12 KB
Filed (ECF) Appellant Kamala D. Harris response to Court order dated 12/02/2014. Date of service: 12/12/2014. [9348290] [14-16840] (PHC) [Entered: 12/12/2014 04:55 PM]
12/19/2014  17 
120 pg, 3.68 MB
Filed (ECF) Appellees Brandon Combs, Jeff Silvester, The Calguns Foundation, Inc. and The Second Amendment Foundation, Inc. response opposing motion (motion to stay lower court action). Date of service: 12/19/2014. [9357098] [14-16840] (BAB) [Entered: 12/19/2014 04:31 PM]
12/19/2014  18 
3 pg, 126.22 KB
Received copy of amended notice of appeal from district court. Notice of appeal by Kamala D. Harris asto [123] Order on Motion to amend the judgment, order on motion to stay. (filing fee $505, receipt number 0972-5666432) [9359219] (RL) [Entered: 12/22/2014 04:43 PM]
12/29/2014  19 
52 pg, 558.67 KB
Filed (ECF) Appellant Kamala D. Harris reply to response (). Date of service: 12/29/2014. [9364585] [14-16840] (PHC) [Entered: 12/29/2014 04:33 PM]
01/12/2015  20 
1 pg, 41.3 KB
Filed order (SUSAN P. GRABER, CONSUELO M. CALLAHAN and MORGAN B. CHRISTEN) Appellant’s motion to stay the district court’s August 25, 2014 order pending appeal is granted. See Hilton v. Braunskill, 481 U.S. 770, 776 (1987). The briefing schedule established previously remains in effect. [9378242] (WL) [Entered: 01/12/2015 11:02 AM]
02/03/2015  21 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Kamala D. Harris. New requested due date is 03/25/2015. [9406436] [14-16840] (JME) [Entered: 02/03/2015 09:56 AM]
02/03/2015  22 Streamlined request [21] by Appellant Kamala D. Harris to extend time to file the brief is approved. Amended briefing schedule: Appellant Kamala D. Harris, Attorney General opening brief due 03/25/2015. Appellees Brandon Combs, Jeff Silvester, The Calguns Foundation, Inc. and The Second Amendment Foundation, Inc. answering brief due 04/24/2015. The optional reply brief is due 14 days from the date of service of the answering brief. [9407325] (CG) [Entered: 02/03/2015 02:05 PM]
02/03/2015  23 
4 pg, 97.95 KB
Filed (ECF) Appellees Brandon Combs, Jeff Silvester, The Calguns Foundation, Inc. and The Second Amendment Foundation, Inc. response opposing motion (). Date of service: 02/03/2015. [9407813] [14-16840] (DK) [Entered: 02/03/2015 04:23 PM]
03/25/2015  24 
428 pg, 17.11 MB
Submitted (ECF) Opening Brief and excerpts of record for review. Submitted by Appellant Kamala D. Harris. Date of service: 03/25/2015. [9472628] [14-16840] (JME) [Entered: 03/25/2015 06:50 PM]
03/25/2015  25 
75 pg, 14.29 MB
Filed (ECF) Appellant Kamala D. Harris Motion to take judicial notice of Certain Documents. Date of service: 03/25/2015. [9472629] [14-16840] (JME) [Entered: 03/25/2015 06:54 PM]
03/26/2015  26 
2 pg, 187.59 KB
Filed clerk order: The opening brief [24] submitted by Kamala D. Harris 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 [24] submitted by Kamala D. Harris. 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. [9473670] (KT) [Entered: 03/26/2015 01:51 PM]
03/30/2015  27 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Brandon Combs, Jeff Silvester, The Calguns Foundation, Inc. and The Second Amendment Foundation, Inc.. New requested due date is 05/26/2015. [9476773] [14-16840] (BAB) [Entered: 03/30/2015 12:58 PM]
03/30/2015  29 Filed Appellant Kamala D. Harris paper copies of excerpts of record [24] in 2 volume(s). [9478237] (KT) [Entered: 03/31/2015 09:53 AM]
03/30/2015  30 Received 7 paper copies of Opening brief [24] filed by Kamala D. Harris. [9478248] (SD) [Entered: 03/31/2015 09:56 AM]
03/31/2015  28 Streamlined request [27] by Appellees Brandon Combs, Jeff Silvester, The Calguns Foundation, Inc. and The Second Amendment Foundation, Inc. to extend time to file the brief is approved. Amended briefing schedule: Appellees Brandon Combs, Jeff Silvester, The Calguns Foundation, Inc. and The Second Amendment Foundation, Inc. answering brief due 05/26/2015. The optional reply brief is due 14 days from the date of service of the answering brief. [9478128] (CG) [Entered: 03/31/2015 09:24 AM]
04/01/2015  31 
19 pg, 67.4 KB
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by BRADY CENTER TO PREVENT GUN VIOLENCE. Date of service: 04/01/2015. [9480702] [14-16840] (AB) [Entered: 04/01/2015 02:45 PM]
04/01/2015  32 Entered appearance of Amicus Curiae Brady Center to Prevent Gun Violence. [9481098] (LA) [Entered: 04/01/2015 04:49 PM]
04/01/2015  33 
2 pg, 187.19 KB
Filed clerk order: The amicus brief [31] 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 ECF. [9481099] (LA) [Entered: 04/01/2015 04:50 PM]
04/01/2015  34 
195 pg, 28.64 MB
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by EVERYTOWN FOR GUN SAFETY. Date of service: 04/01/2015. [9481132] [14-16840] (DG) [Entered: 04/01/2015 05:07 PM]
04/01/2015  35 
26 pg, 87.64 KB
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by The Law Center to Prevent Gun Violence. Date of service: 04/01/2015. [9481164] [14-16840] (SJF) [Entered: 04/01/2015 07:16 PM]
04/02/2015  36 Entered appearance of Amici Curiae Everytown for Gun Safety and Law Center to Prevent Gun Violence. [9482537] (LA) [Entered: 04/02/2015 04:05 PM]
04/02/2015  37 
2 pg, 187.18 KB
Filed clerk order: The amicus brief [34] submitted by Everytown for Gun Safety 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 ECF. [9482539] (LA) [Entered: 04/02/2015 04:06 PM]
04/02/2015  38 
2 pg, 187.17 KB
Filed clerk order: The amicus brief [35] submitted by Law 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 ECF. [9482540] (LA) [Entered: 04/02/2015 04:06 PM]
04/06/2015  39 Received 7 paper copies of Amicus brief [31] filed by Brady Center to Prevent Gun Violence. [9485281] (SD) [Entered: 04/06/2015 02:39 PM]
04/06/2015  40 Received 7 paper copies of Amicus brief [35] filed by Law Center to Prevent Gun Violence. [9486173] (SD) [Entered: 04/07/2015 10:02 AM]
04/09/2015  41 Received 7 paper copies of Amicus brief [34] filed by Everytown for Gun Safety. [9489545] (SD) [Entered: 04/09/2015 11:00 AM]

 

Many of the court filings are available for free here.  You will need a Federal PACER account to access the individual court filings from the Federal Docket below.

1:11-cv-02137-AWI-SKO Silvester, et al. v. Harris, et al.
Anthony W. Ishii, presiding
Sheila K. Oberto, referral
Date filed: 12/23/2011
Date terminated: 08/25/2014
Date of last filing: 01/12/2015

History

 

Doc.
No.
Dates Description
140
Filed & Entered:   01/12/2015
Docket Text Minute Order
141
Filed: 01/12/2015
Entered: 01/13/2015
Docket Text USCA Order
139
Filed & Entered:   12/24/2014
Docket Text Transcript
137
Filed & Entered:   12/19/2014
Docket Text Notice of Appeal
138
Filed & Entered:   12/19/2014
Docket Text Appeal Processed to USCA
136
Filed & Entered:   12/17/2014
Docket Text Order on Motion for Attorney Fees
135
Filed & Entered:   12/16/2014
Docket Text Response
134
Filed & Entered:   12/15/2014
Docket Text Status Conference
132
Filed & Entered:   12/12/2014
Docket Text Notice – Other
133
Filed & Entered:   12/12/2014
Docket Text Transcript Ordering Form
130
Filed & Entered:   12/09/2014
Docket Text Brief
131
Filed & Entered:   12/09/2014
Docket Text Declaration
128
Filed & Entered:   12/03/2014
Docket Text Declaration
129
Filed & Entered:   12/03/2014
Docket Text Order
127
Filed & Entered:   12/02/2014
Docket Text Minute Order
125
Filed & Entered:   12/01/2014
Docket Text Status Report
126
Filed & Entered:   12/01/2014
Docket Text Reply
124
Filed & Entered:   11/24/2014
Docket Text Opposition to Motion
123
Filed & Entered:   11/20/2014
Docket Text Order on Motion to Amend the Judgment
122
Filed & Entered:   11/04/2014
Docket Text Minute Order
121
Filed & Entered:   11/03/2014
Docket Text Reply
120
Filed & Entered:   10/27/2014
Docket Text Opposition to Motion
118
Filed & Entered:   10/20/2014
Docket Text Association of Counsel
119
Filed & Entered:   10/20/2014
Docket Text Association of Counsel
117
Filed & Entered:   10/07/2014
Docket Text USCA Order
116
Filed & Entered:   10/06/2014
Docket Text Minute Order
115
Filed & Entered:   10/03/2014
Docket Text Minute Order
114
Filed & Entered:   09/29/2014
Terminated: 11/20/2014
Docket Text Motion to Stay
112
Filed & Entered:   09/25/2014
Docket Text Appeal Processed to USCA
113
Filed & Entered:   09/25/2014
Docket Text USCA Case Number
111
Filed & Entered:   09/24/2014
Docket Text Notice of Appeal
110
Filed & Entered:   09/22/2014
Terminated: 11/20/2014
Docket Text Motion to Amend the Judgment
109
Filed & Entered:   09/09/2014
Docket Text Notice to Reschedule Hearing on Motion
108
Filed & Entered:   09/08/2014
Terminated: 12/17/2014
Docket Text Motion for Attorney Fees
106
Filed & Entered:   08/25/2014
Docket Text Findings of Fact & Conclusions of Law
107
Filed & Entered:   08/25/2014
Docket Text Judgment
105
Filed & Entered:   08/20/2014
Docket Text Transcript
104
Filed & Entered:   08/15/2014
Docket Text Bench Trial – Completed
103
Filed & Entered:   08/12/2014
Docket Text Order
102
Filed & Entered:   07/22/2014
Docket Text Order on Motion for Miscellaneous Relief
101
Filed & Entered:   07/21/2014
Terminated: 07/22/2014
Docket Text Motion for Miscellaneous Relief
100
Filed & Entered:   07/15/2014
Docket Text Objections
99
Filed & Entered:   07/09/2014
Docket Text Minute Order
94
Filed & Entered:   06/30/2014
Docket Text Opposition
95
Filed & Entered:   06/30/2014
Docket Text Response
96
Filed & Entered:   06/30/2014
Docket Text Response
97
Filed & Entered:   06/30/2014
Docket Text Trial Exhibit
98
Filed & Entered:   06/30/2014
Docket Text Response
88
Filed & Entered:   06/16/2014
Docket Text Proposed Findings of Fact
89
Filed & Entered:   06/16/2014
Docket Text Trial Brief
90
Filed & Entered:   06/16/2014
Docket Text Request for Judicial Notice
91
Filed & Entered:   06/16/2014
Docket Text Proposed Order
92
Filed & Entered:   06/16/2014
Docket Text Objections
93
Filed & Entered:   06/16/2014
Docket Text Memorandum
85
Filed & Entered:   04/10/2014
Docket Text Transcript
86
Filed & Entered:   04/10/2014
Docket Text Transcript
87
Filed & Entered:   04/10/2014
Docket Text Transcript
82
Filed & Entered:   03/27/2014
Docket Text Notice – Other
84
Filed: 03/27/2014
Entered: 03/28/2014
Docket Text Bench Trial – Held
80
Filed & Entered:   03/26/2014
Docket Text Notice – Other
83
Filed: 03/26/2014
Entered: 03/27/2014
Docket Text Bench Trial – Held
79
Filed & Entered:   03/25/2014
Docket Text Objections
81
Filed: 03/25/2014
Entered: 03/26/2014
Docket Text Bench Trial – Begun
78
Filed & Entered:   03/24/2014
Docket Text Request for Judicial Notice
77
Filed & Entered:   03/21/2014
Docket Text Order
72
Filed & Entered:   03/20/2014
Docket Text Notice of Filing / Lodging Document in Paper
73
Filed & Entered:   03/20/2014
Docket Text Witness List
74
Filed & Entered:   03/20/2014
Docket Text Objections
75
Filed & Entered:   03/20/2014
Docket Text Stipulation and Proposed Order
76
Filed & Entered:   03/20/2014
Docket Text Witness List
69
Filed & Entered:   03/18/2014
Docket Text Trial Brief
70
Filed & Entered:   03/18/2014
Docket Text Objections
71
Filed & Entered:   03/18/2014
Docket Text Trial Brief
67
Filed & Entered:   03/12/2014
Docket Text Order on Motion in Limine
68
Filed: 03/11/2014
Entered: 03/13/2014
Docket Text In Court Hearing
65
Filed & Entered:   03/10/2014
Docket Text Trial Brief
66
Filed & Entered:   03/10/2014
Docket Text Trial Brief
63
Filed & Entered:   03/07/2014
Docket Text Reply
64
Filed & Entered:   03/07/2014
Docket Text Reply
58
Filed & Entered:   03/03/2014
Docket Text Statement of Non-Opposition
59
Filed & Entered:   03/03/2014
Docket Text Opposition to Motion
60
Filed & Entered:   03/03/2014
Docket Text Response
61
Filed & Entered:   03/03/2014
Docket Text Opposition to Motion
62
Filed & Entered:   03/03/2014
Docket Text Opposition to Motion
57
Filed & Entered:   02/19/2014
Docket Text Notice – Other
50
Filed & Entered:   02/18/2014
Docket Text Notice of Appearance
51
Filed & Entered:   02/18/2014
Terminated: 03/12/2014
Docket Text Motion in Limine
52
Filed & Entered:   02/18/2014
Docket Text Declaration
53
Filed & Entered:   02/18/2014
Terminated: 03/12/2014
Docket Text Motion to Proceed In Forma Pauperis
54
Filed & Entered:   02/18/2014
Terminated: 03/12/2014
Docket Text Motion in Limine
55
Filed & Entered:   02/18/2014
Terminated: 03/12/2014
Docket Text Motion in Limine
56
Filed & Entered:   02/18/2014
Terminated: 03/12/2014
Docket Text Motion in Limine
48
Filed & Entered:   02/04/2014
Docket Text Pretrial Order
49
Filed: 02/03/2014
Entered: 02/05/2014
Docket Text Pretrial Conference
46
Filed & Entered:   01/23/2014
Docket Text Minute Order
47
Filed & Entered:   01/23/2014
Docket Text Notice – Other
45
Filed & Entered:   01/22/2014
Docket Text Pretrial Statement
44
Filed & Entered:   12/09/2013
Docket Text Order on Motion for Summary Judgment
43
Filed & Entered:   11/25/2013
Docket Text Supplement
41
Filed & Entered:   11/01/2013
Docket Text Notice – Other
42
Filed & Entered:   11/01/2013
Docket Text Response
40
Filed & Entered:   10/26/2013
Docket Text Notice – Other
39
Filed & Entered:   10/25/2013
Docket Text Declaration
38
Filed & Entered:   10/24/2013
Docket Text Order
36
Filed & Entered:   10/22/2013
Docket Text Stipulation and Order
37
Filed & Entered:   10/22/2013
Docket Text Reply
35
Filed & Entered:   10/17/2013
Docket Text Stipulation and Proposed Order
34
Filed & Entered:   10/16/2013
Docket Text Opposition to Motion
32
Filed & Entered:   10/15/2013
Docket Text Opposition to Motion
33
Filed & Entered:   10/15/2013
Docket Text Opposition to Motion
31
Filed & Entered:   09/25/2013
Terminated: 12/09/2013
Docket Text Motion for Summary Judgment
27
Filed: 06/24/2013
Entered: 06/25/2013
Docket Text Substitution of Attorney Order
28
Filed: 06/24/2013
Entered: 06/25/2013
Docket Text Substitution of Attorney Order
29
Filed: 06/24/2013
Entered: 06/25/2013
Docket Text Substitution of Attorney Order
30
Filed: 06/24/2013
Entered: 06/25/2013
Docket Text Substitution of Attorney Order
26
Filed & Entered:   06/21/2013
Docket Text Clerk’s Notice of Docket Correction
22
Filed & Entered:   06/20/2013
Docket Text Substitution of Attorney – Proposed
23
Filed & Entered:   06/20/2013
Docket Text Substitution of Attorney – Proposed
24
Filed & Entered:   06/20/2013
Docket Text Substitution of Attorney – Proposed
25
Filed & Entered:   06/20/2013
Docket Text Substitution of Attorney – Proposed
21
Filed & Entered:   04/23/2013
Docket Text Stipulation of Dismissal – ATY
20
Filed & Entered:   04/18/2013
Docket Text Stipulation and Order
19
Filed & Entered:   04/12/2013
Docket Text Stipulation and Proposed Order
18
Filed & Entered:   12/10/2012
Docket Text Minute Order
16
Filed & Entered:   12/07/2012
Docket Text Status Report
17
Filed & Entered:   12/07/2012
Docket Text Notice of Change of Address
14
Filed & Entered:   05/15/2012
Docket Text Scheduling Conference
15
Filed & Entered:   05/15/2012
Docket Text Scheduling Order
13
Filed & Entered:   05/04/2012
Docket Text Scheduling Report
12
Filed & Entered:   04/10/2012
Docket Text Notice of Change of Address
11
Filed & Entered:   03/15/2012
Docket Text Answer to Amended Complaint
10
Filed & Entered:   02/24/2012
Docket Text Amended Complaint
9
Filed & Entered:   02/14/2012
Docket Text Stipulation and Order
8
Filed & Entered:   02/09/2012
Docket Text Stipulation and Proposed Order
6
Filed & Entered:   01/25/2012
Docket Text Summons Returned Executed
7
Filed & Entered:   01/25/2012
Docket Text Summons Returned Executed
3
Filed & Entered:   12/27/2011
Docket Text Summons
4
Filed & Entered:   12/27/2011
Docket Text Summons
5
Filed & Entered:   12/27/2011
Docket Text Civil New Case Documents for AWI
Filed & Entered:   12/23/2011
Docket Text CAED Receipt
1
Filed & Entered:   12/23/2011
Docket Text Complaint
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