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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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Teixeira v. County of Alameda Appeal 13-17132

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En Banc Petition Granted – Three Judge Panel Decision Vacated

En banc oral arguments took place on 2017-03-22 1:30 pm Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco 

Before (the statistically improbable): THOMAS, Chief Judge, and REINHARDT, McKEOWN, GOULD, PAEZ, BERZON, TALLMAN, BYBEE, BEA, WATFORD, and OWENS, Circuit Judges

It has been 1736 days since this case was filed!

It has been 1251 days since the appeal was filed!

It has been 475 days since the oral arguments took place before the three judge panel!

It has been 4 days since the oral arguments took place before the en banc panel!

98 days after the response to the en banc petition was filed, the petition was granted!

Teixeira v. County of Alameda Appeal 13-17132




After waiting 1,421 days on appeal, a three judge panel for the court of appeals kicked the case back to the district court for a do-over.

We are now waiting to see whether or not the en banc petition is granted.

The En Banc Petition was granted.

 

This is another case involving the commercial sale of arms and another challenge to an Alameda County California Ordinance preventing the Plaintiff from opening a gun store.  If this sounds like the Nordyke v. King case which took over 12 years to resolve then you are right.  The Plaintiffs even have the same attorney as did the Nordykes (Don Kilmer).  In this case the district court applied the same “no set of circumstances” Salerno test against the ordinance and having found that there are circumstances in which the ordinance is valid, applied the “rational basis test” to the case and dismissed the case with prejudice which means the only thing left for the Plaintiffs to do was to file an appeal.  The Second Circuit Court of Appeals has been doing the same thing but the 2nd Circuit calls less than rational basis review “intermediate scrutiny” (tongue in cheek no doubt).  The district court in my Open Carry case used the same tap dance to deny my preliminary injunction and to which the magistrate judge filed a report and recommendation to the district court judge to dismiss my case with prejudice.  A report and recommendation which was adopted by the district court judge.  For all intents and purposes, the district court in my case did the same thing in its final judgment.  My Open Carry case is now on appeal.

As such, this case is of particular interest to my Open Carry case.

As it turned out, the court of appeals didn’t even mention Salerno and held that the ordinance implicated the Second Amendment which took the “rational basis test” off the table.  The decision of the district court judge was reversed and the case remanded back to the district court.

Many of the district court filings in this case can be downloaded for free here.

District Court decision

Opening Brief

Appellants Excerpt of Record

Errata Memorandum

Answering Brief

Appellees Supplemental Excerpts of Record

Reply Brief

Amicus Curiae – Citizens Committee for the Right to Keep and Bear Arms In Support of Appellants

Amici Curiae Law Center to Prevent Gun Violence Youth Alive In Support of Defendants Appellees

Oral Arguments took place on Tuesday, December 8, 2015 – 09:00 A.M.

Appellate Decision of May 16, 2016

Petition for rehearing en banc due July 21, 2016.  Filed July 21, 2016.

Response to the petition for rehearing en banc due September 20, 2016. Filed September 20, 2016.

2015-12-08  9:00 am  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Before: O’SCANNLAIN, SILVERMAN and BEA, Circuit Judges

En Banc Petition Granted – Three Judge Panel Decision Vacated – December 27, 2016

139 – Teixera v. Alameda – Alameda response to Ezell II citation




Update by Charles Nichols, President of California Right To Carry – March 22,  2017 – Oral arguments took place this afternoon.  Based on prior decisions and questions asked by members of this panel it is safe to assume that this case loses 9-2 or 8-3.  On the plus side, when it loses the plaintiffs have somewhat of a circuit split to argue in their cert petition on the Second Amendment as well as to argue on procedural grounds that their case should have been remanded so that the plaintiffs could amend their complaint.  One of the judges pointed out that all that the plaintiffs’ attorney would need to do if the case is not remanded is to find other plaintiffs and file a new (separate) as-applied lawsuit along with new allegations in the new complaint correcting the deficiencies in the current complaint.

Update by Charles Nichols, President of California Right To Carry – March 15,  2017 – We know who the judges are and there is an update on the hearing location and time.

Update by Charles Nichols, President of California Right To Carry – February 28,  2017 – Some new activity:

02/23/2017  152  Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco (Courtroom 1, 3rd Floor, Rm 338, James R. Browning U.S. Courthouse, San Francisco – En Banc). Filed by Attorney Mr. Donald Kilmer, Jr. for Appellants Calguns Foundation, Inc., California Association of Federal Firearms Licensees, Gary Gamaza, Steve Nobriga, Second Amendment Foundation, Inc. and John Teixeira. [10330668] [13-17132] (Kilmer, Donald) [Entered: 02/23/2017 11:34 AM]
02/28/2017  153  Filed (ECF) Appellees Alameda County Board of Supervisors, Keith Carson, Wilma Chan, County of Alameda and Nate Miley Stipulated Motion to file supplemental brief. Date of service: 02/28/2017. [10336902] [13-17132] (Goldman, Brian) [Entered: 02/28/2017 03:05 PM]
02/28/2017  154  Submitted (ECF) Supplemental Brief for review. Submitted by Appellees Alameda County Board of Supervisors, Keith Carson, Wilma Chan, County of Alameda and Nate Miley. Date of service: 02/28/2017. [10336926] [13-17132] (Goldman, Brian) [Entered: 02/28/2017 03:09 PM]

Update by Charles Nichols, President of California Right To Carry – February 17,  2017 – Some new activity:

02/02/2017  150 Received 25 paper copies of Amicus Brief [144] filed by California Rifle & Pistol Association and NRA. (sent to en banc court) [10300283] (KT) [Entered: 02/02/2017 02:36 PM]
02/07/2017  151 Received 25 paper copies of Amicus Brief [145] filed by Jews for the Preservation of Firearms Ownership and Independence Institute. (sent to en banc court) [10305491] (LA) [Entered: 02/07/2017 11:49 AM]

Update by Charles Nichols, President of California Right To Carry – February 1,  2017 – Some new activity:

01/26/2017  140 Received 25 paper copies of Amicus Brief [137] filed by Professors Randy Barnett, Robert Cottrol, Brannon Denning, Michael O’Shea, Glenn Harlan Reynolds, and Firearms Policy Foundation. (sent to en banc court) [10281603] (KT) [Entered: 01/26/2017 02:21 PM]
01/27/2017  141  Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by The National Shooting Sports Foundation, Inc. on Rehearing En Banc in Support of Plaintiffs-Appellants John Teixeira, et al. Filed With Consent of All Parties. Date of service: 01/27/2017. [10288979] [13-17132] (Livingston, Craig) [Entered: 01/27/2017 05:27 PM]
01/30/2017  142 Entered appearance of Amicus Curiae The National Shooting Sports Foundation, Inc. [10289418] (KT) [Entered: 01/30/2017 09:41 AM]
01/30/2017  143  Filed clerk order: The amicus brief [141] submitted by The National Shooting Sports Foundation, Inc. is filed. Within 7 days of the filing of this order, filer is ordered to file 25 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. [10289429] (KT) [Entered: 01/30/2017 09:44 AM]
01/31/2017  144  Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by National Rifle Association of America, Inc. and California Rifle & Pistol Association. Date of service: 01/31/2017. [10297694] [13-17132] (Clement, Paul) [Entered: 01/31/2017 04:39 PM]
01/31/2017  145  Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Jews for the Preservation of Firearms Ownership and Independence Institute. Date of service: 01/31/2017. [10297721] [13-17132] (Greenlee, Joseph) [Entered: 01/31/2017 04:52 PM]
02/01/2017  146 Entered appearance of Amici Curiae NRA, California Rifle & Pistol Association, Jews for the Preservation of Firearms Ownership and Independence Institute. [10297902] (KT) [Entered: 02/01/2017 08:54 AM]
02/01/2017  147  Filed clerk order: The amicus brief [144] submitted by California Rifle & Pistol Association and NRA is filed. Within 7 days of the filing of this order, filer is ordered to file 25 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. [10297922] (KT) [Entered: 02/01/2017 08:58 AM]
02/01/2017  148  Filed clerk order: The amicus brief [145] submitted by Independence Institute and Jews for the Preservation of Firearms Ownership is filed. Within 7 days of the filing of this order, filer is ordered to file 25 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. [10297927] (KT) [Entered: 02/01/2017 09:00 AM]
02/01/2017  149 Received 25 paper copies of Amicus Brief [141] filed by The National Shooting Sports Foundation, Inc. (sent to en banc court) [10298706] (KT) [Entered: 02/01/2017 02:13 PM]

Update by Charles Nichols, President of California Right To Carry – January 25,  2017 – En banc oral arguments will take place 2017-03-20 9:00 am Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco.

01/17/2017  135 Received 25 paper copies of Amicus Brief [110] filed by Professors Randy Barnett, Robert Cottrol, Brannon Denning, Michael O’Shea, Glenn Harlan Reynolds, and Firearms Policy Foundation. (sent to en banc court) [10268506] (KT) [Entered: 01/17/2017 03:52 PM]
01/19/2017  136  Filed (ECF) Appellants John Teixeira, Second Amendment Foundation, Inc., Steve Nobriga, Gary Gamaza, California Association of Federal Firearms Licensees and Calguns Foundation, Inc. citation of supplemental authorities. Date of service: 01/19/2017. [10272778] [13-17132] (Kilmer, Donald) [Entered: 01/19/2017 07:36 PM]
01/25/2017  137  Submitted (ECF) Amicus Brief for review. Submitted by Amici Curiae Randy Barnett, Esquire, Robert Cottrol, Esquire, Brannon Denning, Michael O’Shea, Glenn Harlan Reynolds and Firearms Policy Foundation. Date of service: 01/25/2017. [10278744] [13-17132] (Volokh, Eugene) [Entered: 01/25/2017 08:31 AM]
01/25/2017  138  Filed clerk order: The amicus brief [137] submitted by Randy Barnett, Esquire, Robert Cottrol, Esquire, Brannon Denning, Firearms Policy Foundation, Michael O’Shea and Glenn Harlan Reynolds is filed. Within 7 days of the filing of this order, filer is ordered to file 25 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. [10279206] (GV) [Entered: 01/25/2017 10:49 AM]
01/25/2017  139  Filed (ECF) Appellees Alameda County Board of Supervisors, Keith Carson, Wilma Chan, County of Alameda and Nate Miley Correspondence: Response to Appellants’ Citation of Supplemental Authority (DE 136). Date of service: 01/25/2017 [10279455] [13-17132] (Goldman, Brian) [Entered: 01/25/2017 12:03 PM]

Update by Charles Nichols, President of California Right To Carry – January 18,  2017 –  New activity:

01/03/2017  128 Received 25 paper copies of Amicus Brief [45] filed by Law Center to Prevent Gun Violence and Youth Alive!. (sent to en banc court) [10252799] (KT) [Entered: 01/03/2017 03:22 PM]
01/03/2017  129 Received 25 paper copies of Amicus Brief [90] filed by Law Center to Prevent Gun Violence and Youth Alive!. (sent to en banc court) [10252814] (KT) [Entered: 01/03/2017 03:25 PM]
01/03/2017  130 Received 25 paper copies of Opening Brief [9] filed by appellants. (sent to en banc court) [10253361] (KT) [Entered: 01/04/2017 08:33 AM]
01/03/2017  131 ENTRY UPDATED. Received 25 paper copies of corrected excerpts of record [30] in 1 volume(s) filed by Appellants. (sent to en banc court) [10253371]–[Edited 01/04/2017 by LA to correct link to excerpts] (KT) [Entered: 01/04/2017 08:35 AM]
01/03/2017  133 Received 25 paper copies of Reply Brief [49] filed by appellants. (sent to en banc court) [10253397] (KT) [Entered: 01/04/2017 08:39 AM]
01/03/2017  132 Received 25 paper copies of Errata to Opening brief [34] filed by appellants. (sent to en banc court) [10253383]–[Edited: backdated entry to reflect corect filing date. 01/04/2017 by SLM] (KT) [Entered: 01/04/2017 08:37 AM]
01/13/2017  134 Received 25 paper copies of Amicus Brief [113] filed by Commonwealth Second Amendment, Firearms Policy Coalition, Golden State Second Amendment Council, Gun Owners of California, Madison Society Foundation and San Diego County Gun Owners. (sent to en banc court) [10265446] (KT) [Entered: 01/13/2017 12:50 PM]
01/17/2017  135 Received 25 paper copies of Amicus Brief [110] filed by Professors Randy Barnett, Robert Cottrol, Brannon Denning, Michael O’Shea, Glenn Harlan Reynolds, and Firearms Policy Foundation. (sent to en banc court) [10268506] (KT) [Entered: 01/17/2017 03:52 PM]

Update by Charles Nichols, President of California Right To Carry – December 30,  2016 –  New activity:

12/30/2016  125 Received 25 paper copies of Amicus Brief [14] filed by Citizens Committee for the Right to Keep and Bear Arms. (sent to en banc court) [10250819] (KT) [Entered: 12/30/2016 12:51 PM]
12/30/2016  126 Received 25 paper copies of Answering Brief [39] filed by appellees. (sent to en banc court) [10251053] (KT) [Entered: 12/30/2016 03:16 PM]
12/30/2016  127 Received 12 paper copies of supplemental excerpts of record [39] in 1 volume(s) filed by Appellees. (sent to en banc court) [10251057] [10251057]–[Edited 12/30/2016 updated docket text to correct number of paper copies – KT] (KT) [Entered: 12/30/2016 03:18 PM]

Update by Charles Nichols, President of California Right To Carry – December 28,  2016 –  En Banc Petition Granted – Three Judge Panel Decision Vacated – Oral Arguments Calendared.

12/27/2016  122  Filed Order for PUBLICATION (SIDNEY R. THOMAS) Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit. [10246309] (RMM) [Entered: 12/27/2016 07:54 AM]
12/27/2016  123  Filed order (SIDNEY R. THOMAS): En banc oral argument will take place during the week of March 20, 2017, in San Francisco, California. The date and time will be determined by separate order. For further information or special requests regarding scheduling, please contact Deputy Clerk Paul Keller at paul_keller@ca9.uscourts.gov or (206) 224-2236. Within seven days from the date of this order, the parties shall forward to the Clerk of Court twenty-five additional paper copies of the original briefs and twelve additional paper copies of the excerpts of record. The paper copies must be accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. A sample certificate is available at http://www.ca9.uscourts.gov/datastore/uploads/cmecf/Certificate-for-Brief-in- Paper-Format.pdf. 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. [10246464] (AF) [Entered: 12/27/2016 09:53 AM]

Update by Charles Nichols, President of California Right To Carry – December 27,  2016 –  En Banc Petition Granted – Three Judge Panel Decision Vacated.

En Banc Petition Granted – Three Judge Panel Decision Vacated – December 27, 2016

Update by Charles Nichols, President of California Right To Carry – November 30,  2016 –  Nothing new.  Check back on December 31, 2016.

Update by Charles Nichols, President of California Right To Carry – October 31,  2016 –  Nothing new.  Check back on November 30, 2016.

Update by Charles Nichols, President of California Right To Carry – October 7,  2016 –  New activity.  It will probably be at least two months before a decision is made on whether or not to grant the en banc petition and so I will only be checking the status once a month.

10/06/2016  120 Received 20 paper copies of Amicus Brief [110] filed by Professors Randy Barnett, Robert Cottrol, Brannon Denning, Michael O’Shea, Glenn Harlan Reynolds, and Firearms Policy Foundation. [10151744] (KT) [Entered: 10/06/2016 01:54 PM]
10/06/2016  121 Received 20 paper copies of Amicus Brief [116] filed by Citizens Committee for the Right to Keep and Bear Arms. [10151753] (KT) [Entered: 10/06/2016 01:57 PM]

Update by Charles Nichols, President of California Right To Carry – October 4,  2016 –  New activity including a late arrival on September 30, 2016 when I last checked the docket.

09/30/2016  116  Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Citizens Committee for the Right to Keep and Bear Arms. Date of service: 09/30/2016. [10144887] [13-17132] (Gura, Alan) [Entered: 09/30/2016 10:44 PM]
10/03/2016  117 Entered appearance of Amicus Curiae Citizens Committee for the Right to Keep and Bear Arms. [10146082] (KT) [Entered: 10/03/2016 01:17 PM]
10/03/2016  118  Filed clerk order: The amicus brief [116] submitted by Citizens Committee for the Right to Keep and Bear Arms 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. [10146104] (KT) [Entered: 10/03/2016 01:21 PM]
10/04/2016  119 Received 20 paper copies of Amicus Brief [113] filed by Commonwealth Second Amendment, Firearms Policy Coalition, Golden State Second Amendment Council, Gun Owners of California, Madison Society Foundation and San Diego County Gun Owners. [10148446] (KT) [Entered: 10/04/2016 03:09 PM]

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

09/29/2016  110  Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Profs. Randy Barnett, Robert J. Cottrol, Brannon Denning, Michael O’Shea, and Glenn Harlan Reynolds, and the Firearms Policy Foundation. Date of service: 09/29/2016. [10143305] [13-17132] (Volokh, Eugene) [Entered: 09/29/2016 08:21 PM]
09/30/2016  111 Entered appearance of Amici Curiae Professors Randy Barnett, Robert Cottrol, Brannon Denning, Michael O’Shea, Glenn Harlan Reynolds, and Firearms Policy Foundation. [10144271] (KT) [Entered: 09/30/2016 02:04 PM]
09/30/2016  112  Filed clerk order: The amicus brief [110] submitted by Professors Randy Barnett, Robert Cottrol, Brannon Denning, Michael O’Shea, Glenn Harlan Reynolds, and Firearms Policy Foundation 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. [10144314] (KT) [Entered: 09/30/2016 02:11 PM]
09/30/2016  113  Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by FIREARMS POLICY COALITION; GOLDEN STATE SECOND AMENDMENT COUNCIL; MADISON SOCIETY FOUNDATION; COMMONWEALTH SECOND AMENDMENT, INC.; GUN OWNERS OF CALIFORNIA; AND SAN DIEGO COUNTY GUN OWNERS POLITICAL ACTION COMMITTEE OPPOSING REHEARING EN BANC. Date of service: 09/30/2016. [10144520] [13-17132] (Benbrook, Bradley) [Entered: 09/30/2016 02:46 PM]
09/30/2016  114 Entered appearance of Amici Curiae Firearms Policy Coalition, Golden State Second Amendment Council, Madison Society Foundation, Commonwealth Second Amendment, Gun Owners of California and San Diego County Gun Owners. [10144631] (KT) [Entered: 09/30/2016 03:31 PM]
09/30/2016  115  Filed clerk order: The amicus brief [113] submitted by Commonwealth Second Amendment, Firearms Policy Coalition, Golden State Second Amendment Council, Gun Owners of California, Madison Society Foundation and San Diego County Gun Owners 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. [10144640] (KT) [Entered: 09/30/2016 03:35 PM]

Update by Charles Nichols, President of California Right To Carry – September 29,  2016 –  Not much new.

09/26/2016  108  Filed (ECF) Appellees Alameda County Board of Supervisors, Keith Carson, Wilma Chan, County of Alameda and Nate Miley citation of supplemental authorities. Date of service: 09/26/2016. [10135881] [13-17132] (Loeb, Robert) [Entered: 09/26/2016 07:42 AM]
09/26/2016  109  Filed (ECF) Appellants Calguns Foundation, Inc., California Association of Federal Firearms Licensees, Gary Gamaza, Steve Nobriga, Second Amendment Foundation, Inc. and John Teixeira Correspondence: Response to Appellee’s Citation to Supplemental Authority (Doc # 108). Date of service: 09/26/2016 [10137212] [13-17132] (Kilmer, Donald) [Entered: 09/26/2016 02:45 PM]

Update by Charles Nichols, President of California Right To Carry – September 23,  2016 –  Not much new.

09/22/2016  107 Terminated Imran A. Khaliq for Youth Alive! and Law Center to Prevent Gun Violence in 13-17132 (due to incorrect contact information) [10133982] (RY) [Entered: 09/22/2016 05:32 PM]

Update by Charles Nichols, President of California Right To Carry – September 20,  2016 –  The response to the petition for rehearing en banc has been filed.  Response to the petition for rehearing en banc

09/20/2016  106  Filed (ECF) Appellants Calguns Foundation, Inc., California Association of Federal Firearms Licensees, Gary Gamaza, Steve Nobriga, Second Amendment Foundation, Inc. and John Teixeira response to Order to extend time to comply with order, Order, 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: 09/20/2016. [10130492]. [13-17132] (Kilmer, Donald) [Entered: 09/20/2016 07:37 PM]

Update by Charles Nichols, President of California Right To Carry – August 18,  2016 –  The due date for the response to the petition for rehearing en banc has been pushed back to September 20th.  There have been a number of updates to the court docket since my last update.  I have posted the appellate court docket at the bottom of this page.

Update by Charles Nichols, President of California Right To Carry – July 27,  2016 –  At least one judge wants this case to go en banc.  The response to the petition for rehearing en banc is due August 17, 2016.

07/27/2016  80  Filed order (DIARMUID F. O’SCANNLAIN, BARRY G. SILVERMAN and CARLOS T. BEA): Appellants are directed to file a response to the Petition for Rehearing or Rehearing En Banc, filed with this court on July 21, 2016. The response shall be filed within 21 days of the date of this order. Parties who are registered for Appellate ECF must file the response electronically without submission of paper copies. Parties who are not registered Appellate ECF filers must file the original response plus 50 paper copies. [10064766] (AF) [Entered: 07/27/2016 09:21 AM]
07/27/2016  81  Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Brief of Amici Curiae League of California Cities and California State Association of Counties in Support of Appellees’ Petition for Rehearing En Banc. Date of service: 07/27/2016. [10065825] [13-17132] (Pierce, Thomas) [Entered: 07/27/2016 03:52 PM]
07/27/2016  82 Entered appearance of Amici Curiae League of California Cities and CSAC. [10065999] (KT) [Entered: 07/27/2016 04:30 PM]
07/27/2016  83  Filed clerk order: The amicus brief [81] submitted by CSAC and League of California Cities 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. [10066012] (KT) [Entered: 07/27/2016 04:35 PM]

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

Update by Charles Nichols, President of California Right To Carry – July 21,  2016 –  The petition for rehearing en banc was filed on time July 21, 2016.  Petition for rehearing en banc

Update by Charles Nichols, President of California Right To Carry – July 1,  2016 –  The petition for rehearing en banc is now due July 21, 2016.

06/08/2016  69  Filed (ECF) notice of appearance of Robert M. Loeb for Appellees Alameda County Board of Supervisors, Keith Carson, Wilma Chan, County of Alameda and Nate Miley. Date of service: 06/08/2016. [10007676] [13-17132] (Loeb, Robert) [Entered: 06/08/2016 07:36 PM]
06/09/2016  70 Added attorney Robert Loeb for Alameda County Board of Supervisors Keith Carson Wilma Chan County of Alameda Nate Miley, in case 13-17132. [10007729] (CW) [Entered: 06/09/2016 07:12 AM]
06/13/2016  71  Filed (ECF) Appellees County of Alameda, Alameda County Board of Supervisors, Keith Carson, Wilma Chan and Nate Miley Unopposed Motion to extend time to file petition for rehearing until 07/21/2016. Date of service: 06/13/2016. [10011331] [13-17132] (Loeb, Robert) [Entered: 06/13/2016 07:04 AM]
06/14/2016  72  Filed order (DIARMUID F. O’SCANNLAIN, BARRY G. SILVERMAN and CARLOS T. BEA): Appellees’ Motion for a Further Extension of Time to File a Petition for Rehearing En Banc, filed with this court on June 13, 2016, is GRANTED. Appellees’ petition for rehearing en banc shall now be due on July 21, 2016. [10015142] (AF) [Entered: 06/14/2016 05:00 PM]
06/16/2016  73  Filed (ECF) notice of appearance of Thomas M. Bondy for Appellees Alameda County Board of Supervisors, Keith Carson, Wilma Chan, County of Alameda and Nate Miley. Date of service: 06/16/2016. [10017717] [13-17132] (Bondy, Thomas) [Entered: 06/16/2016 01:22 PM]
06/16/2016  74  Filed (ECF) notice of appearance of Brian P. Goldman for Appellees Alameda County Board of Supervisors, Keith Carson, Wilma Chan, County of Alameda and Nate Miley. Date of service: 06/06/2016. [10017724] [13-17132] (Goldman, Brian) [Entered: 06/16/2016 01:27 PM]
06/16/2016  75  Filed (ECF) notice of appearance of Naomi Mower for Appellees Alameda County Board of Supervisors, Keith Carson, Wilma Chan, County of Alameda and Nate Miley. Date of service: 06/06/2016. [10017747] [13-17132] (Mower, Naomi) [Entered: 06/16/2016 01:31 PM]
06/16/2016  76 Added attorney Thomas M. Bondy for Alameda County Board of Supervisors Keith Carson Wilma Chan County of Alameda Nate Miley, in case 13-17132. [10018092] (SW) [Entered: 06/16/2016 03:23 PM]
06/16/2016  77 Added attorney Brian Philip Goldman for Alameda County Board of Supervisors Keith Carson Wilma Chan County of Alameda Nate Miley, in case 13-17132. [10018121] (SW) [Entered: 06/16/2016 03:29 PM]
06/16/2016  78 Added attorney Naomi J. Mower for Alameda County Board of Supervisors Keith Carson Wilma Chan County of Alameda Nate Miley, in case 13-17132. [10018160] (SW) [Entered: 06/16/2016 03:37 PM]

Update by Charles Nichols, President of California Right To Carry – May 24,  2016 –  The extension of time was granted yesterday.  This is no big deal as extensions of time to file en banc petitions are commonly granted.

05/23/2016  68  Filed order (DIARMUID F. O’SCANNLAIN, BARRY G. SILVERMAN and CARLOS T. BEA): Appellee’s Motion for an Extension of Time to File a Petition for Rehearing En Banc, filed with this court on May 20, 2016, is GRANTED. Appellee’s petition for rehearing en banc shall now be due on June 30, 2016. [9987146] (AF) [Entered: 05/23/2016 02:13 PM]

Update by Charles Nichols, President of California Right To Carry – May 20,  2016 –  Today, the County of Alameda indicated that it will seek a rehearing of the case.  Presumably, it will be a boilerplate petition asking for a rehearing by the three judge panel and/or a rehearing by an en banc panel of the court of appeals.

05/20/2016  67  Filed (ECF) Appellee County of Alameda Motion to extend time to file petition for rehearing until 06/30/2016. Date of service: 05/20/2016. [9985082] [13-17132] (Feudale, Scott) [Entered: 05/20/2016 12:15 PM]

Update by Charles Nichols, President of California Right To Carry – May 16,  2016 –  In this appeal involving a challenge to a local ban on gun stores, the three judge appellate panel kicked the case back to the district court judge for a do-over.  This case was filed in the district court 1,421 days ago.  The notice of appeal was filed on 10/21/2013 which was 938 days ago.  You can read the decision here.  Appellate Decision of May 16, 2016

Update by Charles Nichols, President of California Right To Carry – April 29,  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 – March 11,  2016 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – January 4,  2016 – Some activity:

12/08/2015  59 ARGUED AND SUBMITTED TO DIARMUID F. O’SCANNLAIN, BARRY G. SILVERMAN and CARLOS T. BEA. [9783759] (EU) [Entered: 12/08/2015 11:34 AM]
12/15/2015  60  Filed (ECF) Appellants Calguns Foundation, Inc., California Association of Federal Firearms Licensees, Gary Gamaza, Steve Nobriga, Second Amendment Foundation, Inc. and John Teixeira citation of supplemental authorities. Date of service: 12/15/2015. [9792775] [13-17132] (Kilmer, Donald) [Entered: 12/15/2015 11:07 AM]
12/15/2015  61  Filed (ECF) Appellants Calguns Foundation, Inc., California Association of Federal Firearms Licensees, Gary Gamaza, Steve Nobriga, Second Amendment Foundation, Inc. and John Teixeira citation of supplemental authorities. Date of service: 12/15/2015. [9792988] [13-17132] (Kilmer, Donald) [Entered: 12/15/2015 11:58 AM]
12/17/2015  62  Filed (ECF) Appellee County of Alameda citation of supplemental authorities. Date of service: 12/17/2015. [9797446] [13-17132] –[COURT UPDATE: Attached searchable version of citation and attached certificate of service. 12/17/2015 by TYL] (Feudale, Scott) [Entered: 12/17/2015 02:59 PM]
12/17/2015  63  Filed (ECF) Appellee County of Alameda citation of supplemental authorities. Date of service: 12/17/2015. [9797466] [13-17132] –[COURT UPDATE: Attached searchable version of citation and attached certificate of service. 12/17/2015 by TYL] (Feudale, Scott) [Entered: 12/17/2015 03:03 PM]
12/17/2015  64  Filed (ECF) Appellee County of Alameda citation of supplemental authorities. Date of service: 12/17/2015. [9797472] [13-17132] –[COURT UPDATE: Attached searchable version of citation and attached certificate of service. 12/17/2015 by TYL] (Feudale, Scott) [Entered: 12/17/2015 03:04 PM]
12/17/2015  65 COURT DELETED INCORRECT ENTRY. Merged with entries 62, 63 and 64. Notice about deletion sent to case participants registered for electronic filing. Correct Entries: [62], [63] and [64]. Original Text: Filed (ECF) Appellee County of Alameda citation of supplemental authorities. Date of service: 12/17/2015. [9797499] [13-17132] (Feudale, Scott) [Entered: 12/17/2015 03:09 PM]

Update December 8, 2015 by Charles Nichols – President of California Right To Carry – The oral arguments took place today.

Update November 30, 2015 by Charles Nichols – President of California Right To Carry – There is no new docket activity.

2015-12-08  9:00 am  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Before: O’SCANNLAIN, SILVERMAN and BEA, Circuit Judges

Update November 14, 2015 by Charles Nichols – President of California Right To Carry – Teixeira filed a notice of supplemental authority regarding the denial of cert in Jackson v. San Francisco. Why his lawyer would file a notice regarding a failed Second Amendment case which does nothing but hurt his case is a question one should not waste time trying to figure out.  There is something fundamentally wrong with the minds of these lawyers who were hired to defend the Second Amendment.  His lawyer is, after all, a CalGuns.nuts lawyer.  Perhaps this is part of their “secret plan to win by losing.”  For the benefit of those of you who are unfamiliar with CalGuns.nuts it is California’s largest organization of opponents of Open Carry.  It is an organization which is a plaintiff in a Federal lawsuit (Richards v. Yolo) which seeks to preserve California’s Open Carry bans.  On its internet forum, its members joined in a mass delusion that the string of losses in lawsuits seeking concealed carry permits were all part of their “secret plan to win by losing.”  Given that I am not insane and given that I had long since been blocked from posting in the CalGuns.nuts forums, I was never able to ask any of the nutters to explain how this “secret plan” of theirs is supposed to work.  In any event, it is what it is.

11/06/2015  57 COURT DELETED DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [58]. Original Text: Filed (ECF) Appellants Calguns Foundation, Inc., California Association of Federal Firearms Licensees, Gary Gamaza, Steve Nobriga, Second Amendment Foundation, Inc. and John Teixeira citation of supplemental authorities. Date of service: 11/06/2015. [9748424] [13-17132] (Kilmer, Donald) [Entered: 11/06/2015 10:07 PM]
11/09/2015  58  Filed (ECF) Appellants Calguns Foundation, Inc., California Association of Federal Firearms Licensees, Gary Gamaza, Steve Nobriga, Second Amendment Foundation, Inc. and John Teixeira citation of supplemental authorities. Date of service: 11/09/2015. [9750139] [13-17132] (Kilmer, Donald) [Entered: 11/09/2015 05:03 PM]

Update October 30, 2015 by Charles Nichols – President of California Right To Carry – Important updates:

09/29/2015  54 Notice of Oral Argument on Tuesday, December 8, 2015 – 09:00 A.M. – Courtroom 3 – 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.
[9700161] (GEV) [Entered: 09/29/2015 12:51 PM]

09/30/2015  55  Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Mr. Scott John Feudale, Esquire for Appellee County of Alameda, Mary Ellyn Gormley, Esquire for Appellees Alameda County Board of Supervisors, Keith Carson, Wilma Chan, County of Alameda and Nate Miley and Sonya Una Sanchez for Appellees Alameda County Board of Supervisors, Keith Carson, Wilma Chan, County of Alameda and Nate Miley. [9701351] [13-17132] (SJF) [Entered: 09/30/2015 08:43 AM]
09/30/2015  56  Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Mr. Donald Kilmer, Jr. for Appellants Calguns Foundation, Inc., California Association of Federal Firearms Licensees, Gary Gamaza, Steve Nobriga, Second Amendment Foundation, Inc. and John Teixeira. [9701551] [13-17132] (DK) [Entered: 09/30/2015 10:07 AM]

Update by Charles Nichols, President of California Right To Carry – September 9,  2015 – Well, I sent an email to a CalGuns attorney suggesting that a 28(j) letter be filed in this case regarding the recent SCOTUS decision (see July 18, 2015 update).  That was on September 1, 2015 and still no 28(j) letter.

Update by Charles Nichols, President of California Right To Carry – July 18,  2015 – Well, something significant did happen but Teixeira’s lawyers missed it.  The district court relied on the “Salerno Test.”  At the end of this term SCOTUS published a decision (City of Los Angeles v. Patel No. 13-1175) which drove a stake through the heart of the Salerno Test.  The Plaintiffs should have filed a notice of supplemental authority to the SCOTUS decision.  They have not.

Update by Charles Nichols, President of California Right To Carry – June 30,  2015 – Nothing new.  This is probably my last update in this case until something significant happens.

Update by Charles Nichols, President of California Right To Carry – June 15,  2015 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – June 1,  2015 – There isn’t much new.

05/21/2015  52  Filed (ECF) notice of appearance of Scott J. Feudale for Appellees Alameda County Board of Supervisors, County of Alameda, Nate Miley, Wilma Chan and Keith Carson. Date of service: 05/21/2015. [9546788] [13-17132] (SJF) [Entered: 05/21/2015 04:31 PM]
05/22/2015  53 Added attorney Scott John Feudale for County of Alameda, in case 13-17132. [9547341] (SW) [Entered: 05/22/2015 10:16 AM]

Update May 7, 2015 – Nothing new.  The appeal is still in limbo.

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

Update March 17, 2015 – The appeal is still in limbo.

08/14/2014  41  Filed (ECF) notice of appearance of Sonya Una Sanchez for Appellees Alameda County Board of Supervisors, Keith Carson, Wilma Chan, County of Alameda and Nate Miley. Date of service: 08/14/2014. [9204732] (SUS) [Entered: 08/14/2014 09:19 AM]
08/14/2014  43 Attorney Nicole Roman in 13-17132 substituted by Attorney Sonya Una Sanchez in 13-17132 [9204781] (CW) [Entered: 08/14/2014 09:47 AM]
08/14/2014  44 Received 7 paper copies of Answering brief [39] filed by appellees. [9204850] (SD) [Entered: 08/14/2014 10:18 AM]
08/15/2014  45  Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Law Center to Prevent Gun Violence and Youth ALIVE!. Date of service: 08/15/2014. [9207267] –[COURT UPDATE: Attached corrected brief. 08/18/2014 by TL] (IAK) [Entered: 08/15/2014 04:18 PM]
08/18/2014  46 Entered appearance of Amici Curiae Law Center to Prevent Gun Violence and Youth Alive!. [9207987] (LA) [Entered: 08/18/2014 10:23 AM]
08/18/2014  47  Filed clerk order: The amicus brief [45] submitted by Law Center to Prevent Gun Violence and Youth Alive! 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. [9207992] (LA) [Entered: 08/18/2014 10:23 AM]
08/22/2014  48 Received 7 paper copies of Amicus brief [45] filed by Law Center to Prevent Gun Violence and Youth Alive!. [9215795] (DB) [Entered: 08/22/2014 12:47 PM]
08/25/2014  49  Submitted (ECF) Reply Brief for review. Submitted by Appellants Calguns Foundation, Inc., California Association of Federal Firearms Licensees, Gary Gamaza, Steve Nobriga, Second Amendment Foundation, Inc. and John Teixeira. Date of service: 08/25/2014. [9218368] (DK) [Entered: 08/25/2014 05:43 PM]
08/26/2014  50  Filed clerk order: The reply brief [49] submitted by Calguns Foundation, Inc., California Association of Federal Firearms Licensees, Gary Gamaza, Steve Nobriga, Second Amendment Foundation, Inc. and John Teixeira 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. [9220166] (GV) [Entered: 08/26/2014 05:29 PM]
09/02/2014  51 Received 7 paper copies of Reply brief [49] filed by Calguns Foundation, Inc., et al. [9226792] (SD) [Entered: 09/03/2014 10:14 AM]

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.

08/14/2014  41  Filed (ECF) notice of appearance of Sonya Una Sanchez for Appellees Alameda County Board of Supervisors, Keith Carson, Wilma Chan, County of Alameda and Nate Miley. Date of service: 08/14/2014. [9204732] (SUS) [Entered: 08/14/2014 09:19 AM]
08/14/2014  43 Attorney Nicole Roman in 13-17132 substituted by Attorney Sonya Una Sanchez in 13-17132 [9204781] (CW) [Entered: 08/14/2014 09:47 AM]
08/14/2014  44 Received 7 paper copies of Answering brief [39] filed by appellees. [9204850] (SD) [Entered: 08/14/2014 10:18 AM]
08/15/2014  45  Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Law Center to Prevent Gun Violence and Youth ALIVE!. Date of service: 08/15/2014. [9207267] –[COURT UPDATE: Attached corrected brief. 08/18/2014 by TL] (IAK) [Entered: 08/15/2014 04:18 PM]
08/18/2014  46 Entered appearance of Amici Curiae Law Center to Prevent Gun Violence and Youth Alive!. [9207987] (LA) [Entered: 08/18/2014 10:23 AM]
08/18/2014  47  Filed clerk order: The amicus brief [45] submitted by Law Center to Prevent Gun Violence and Youth Alive! 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. [9207992] (LA) [Entered: 08/18/2014 10:23 AM]
08/22/2014  48 Received 7 paper copies of Amicus brief [45] filed by Law Center to Prevent Gun Violence and Youth Alive!. [9215795] (DB) [Entered: 08/22/2014 12:47 PM]
08/25/2014  49  Submitted (ECF) Reply Brief for review. Submitted by Appellants Calguns Foundation, Inc., California Association of Federal Firearms Licensees, Gary Gamaza, Steve Nobriga, Second Amendment Foundation, Inc. and John Teixeira. Date of service: 08/25/2014. [9218368] (DK) [Entered: 08/25/2014 05:43 PM]
08/26/2014  50  Filed clerk order: The reply brief [49] submitted by Calguns Foundation, Inc., California Association of Federal Firearms Licensees, Gary Gamaza, Steve Nobriga, Second Amendment Foundation, Inc. and John Teixeira 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. [9220166] (GV) [Entered: 08/26/2014 05:29 PM]
09/02/2014  51 Received 7 paper copies of Reply brief [49] filed by Calguns Foundation, Inc., et al. [9226792] (SD) [Entered: 09/03/2014 10:14 AM]

Update January 20, 2015 – There has been no new activity in the case since my last update.

Update October 3, 2014 – Curiously, there has been no new activity in the case since my last update.

Update September 8, 2014 – Activity in the case since my last update.  Note that the reply brief has been filed.

08/14/2014  41  Filed (ECF) notice of appearance of Sonya Una Sanchez for Appellees Alameda County Board of Supervisors, Keith Carson, Wilma Chan, County of Alameda and Nate Miley. Date of service: 08/14/2014. [9204732] (SUS)
08/14/2014  43 Attorney Nicole Roman in 13-17132 substituted by Attorney Sonya Una Sanchez in 13-17132 [9204781] (CW)
08/14/2014  44 Received 7 paper copies of Answering brief [39] filed by appellees. [9204850] (SD)
08/15/2014  45  Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Law Center to Prevent Gun Violence and Youth ALIVE!. Date of service: 08/15/2014. [9207267] –[COURT UPDATE: Attached corrected brief. 08/18/2014 by TL] (IAK)
08/18/2014  46 Entered appearance of Amici Curiae Law Center to Prevent Gun Violence and Youth Alive!. [9207987] (LA)
08/18/2014  47  Filed clerk order: The amicus brief [45] submitted by Law Center to Prevent Gun Violence and Youth Alive! 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. [9207992] (LA)
08/22/2014  48 Received 7 paper copies of Amicus brief [45] filed by Law Center to Prevent Gun Violence and Youth Alive!. [9215795] (DB)
08/25/2014  49  Submitted (ECF) Reply Brief for review. Submitted by Appellants Calguns Foundation, Inc., California Association of Federal Firearms Licensees, Gary Gamaza, Steve Nobriga, Second Amendment Foundation, Inc. and John Teixeira. Date of service: 08/25/2014. [9218368] (DK)
08/26/2014  50  Filed clerk order: The reply brief [49] submitted by Calguns Foundation, Inc., California Association of Federal Firearms Licensees, Gary Gamaza, Steve Nobriga, Second Amendment Foundation, Inc. and John Teixeira 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. [9220166] (GV)
09/02/2014  51 Received 7 paper copies of Reply brief [49] filed by Calguns Foundation, Inc., et al. [9226792] (SD)

Update July 7, 2014 – Activity in the case since my last update:

04/21/2014  30  Submitted (ECF) excerpts of record. Submitted by Appellants Calguns Foundation, Inc., California Association of Federal Firearms Licensees, Gary Gamaza, Steve Nobriga, Second Amendment Foundation, Inc. and John Teixeira. Date of service: 04/21/2014. [9064783] (DK)
04/22/2014  31  Filed clerk order: The Court has reviewed the excerpts of record [30] submitted by appellants. 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. [9067465] (CT)
04/28/2014  32  Filed (ECF) Appellants Calguns Foundation, Inc., California Association of Federal Firearms Licensees, Gary Gamaza, Steve Nobriga, Second Amendment Foundation, Inc. and John Teixeira Correspondence: Certificate of Service of paper ER. Date of service: 04/28/2014 [9073869] (DK)
04/29/2014  33 Filed Appellants paper copies of corrected excerpts of record [30] in 1 volume(s). [9077722]–[Edited: Backdated entry to reflect correct filed date (04/29/2014). 04/30/2014 by RY] (CT)
05/07/2014  34  Filed (ECF) Errata to Opening brief ([9] Brief Submitted for Review (ECF Filing) ). Filed by Appellants Calguns Foundation, Inc., California Association of Federal Firearms Licensees, Gary Gamaza, Steve Nobriga, Second Amendment Foundation, Inc. and John Teixeira. Date of service: 05/07/2014. [9086644]–[Edited: Corrected link to brief. 05/07/2014 by RY] (DK)
06/12/2014  35 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Alameda County Board of Supervisors, Keith Carson, Wilma Chan, County of Alameda and Nate Miley. New requested due date is 08/11/2014 at 11:59 pm. [9130832] (NR)
06/13/2014  36 Streamlined request [35] by Appellees Alameda County Board of Supervisors, Keith Carson, Wilma Chan, County of Alameda and Nate Miley to extend time to file the brief is not approved because filer requested a previous extension of time. The filer must file a motion per 9th Cir. R. 31-2.2(b). [9131834] (SB)
06/16/2014  37  Filed (ECF) Appellees Alameda County Board of Supervisors, Keith Carson, Wilma Chan, County of Alameda and Nate Miley Motion to extend time to file Answering brief until 08/11/2014. Date of service: 06/16/2014. [9133029] (MG)
06/17/2014  38  Filed clerk order (Deputy Clerk: LKK): Appellees’ motion for an extension of time to file the answering brief is granted. The answering brief is due August 11, 2014. The optional reply brief is due within 14 days after service of the answering brief. Movants are reminded that any request for extension of time to file a brief should include a statement that the court reporter is not in default with regard to any designated transcripts. 9th Cir. 31-2.2(b)(7). [9135630] (HC)

Update April 18, 2014 – Miscellaneous activity in the case:

04/14/2014  28  Filed (ECF) Appellants Calguns Foundation, Inc., California Association of Federal Firearms Licensees, Gary Gamaza, Steve Nobriga, Second Amendment Foundation, Inc. and John Teixeira Joint Motion for miscellaneous relief [Stipulation to Correct Excerpt of Record and Extend time for Appellees’ Brief. ]. Date of service: 04/14/2014. [9056559] (DK)
04/16/2014  29  Filed clerk order (Deputy Clerk: LKK): The parties’ stipulation to appellants filing a corrected excerpts of record within 7 days of the date of this order is granted. Upon receipt of the corrected excerpts of record, the excerpts of record filed on March 20, 2014 shall be discarded. Appellee’s unopposed motion for an extension of time to file the answering brief is granted. The answering brief is due July 11, 2014. The optional reply brief is due within 14 days after service of the answering brief. [9060312] (BJB)

Update April 9, 2014 Calguns.nuts and company lucked out.  They had screwed up their appeal, Alameda County filed a motion to dismiss the appeal, the motion to dismiss was denied today.

04/09/2014  26  Filed (ECF) Appellees Alameda County Board of Supervisors, Keith Carson, Wilma Chan, County of Alameda and Nate Miley reply to response to motion (motion to dismiss the case). Date of service: 04/09/2014. [9051837]–[COURT UPDATE: edited text to reflect filing. 04/09/2014 by SS] (NR)
04/09/2014  27  Filed order (Appellate Commissioner): Appellees’ opposed motion to dismiss for lack of prosecution is denied. The answering brief is due May 12, 2014. The optional reply brief is due within 14 days after service of the answering brief. (Pro Mo) [9052261] (MS)

Update April 8, 2014 – Calguns.nuts and company file a response opposing the motion to dismiss the appeal.

04/07/2014  25  Filed (ECF) Appellants Calguns Foundation, Inc., California Association of Federal Firearms Licensees, Gary Gamaza, Steve Nobriga, Second Amendment Foundation, Inc. and John Teixeira response opposing motion (,motion to dismiss the case). Date of service: 04/07/2014. [9048020] (DK)

Update April 1, 2014 – CalGuns replaced its attorney.

04/01/2014  24 Attorney Charles W. Hokanson in 13-17132 substituted by Attorney Donald Kilmer Jr. in 13-17132 [9038620] (CW)

Update March 31, 2014 – There has been some activity since the last update. Notably a motion to dismiss the appeal filed by the County of Alameda because the CalGuns attorney failed to follow proper appellate procedure.  Memo to the nutters at CalGuns,nuts – “Stop Helping Us!!!”

03/31/2014  20  Filed (ECF) notice of appearance of Nicole L. Roman for Appellees Alameda County Board of Supervisors, Keith Carson, Wilma Chan, County of Alameda and Nate Miley. Date of service: 03/31/2014. [9037046] (NR)
03/31/2014  21 Added attorney Nicole Roman for Alameda County Board of Supervisors Wilma Chan Nate Miley County of Alameda Keith Carson, in case 13-17132. [9037088] (CW)
03/31/2014  22  Filed (ECF) Appellee County of Alameda Motion to dismiss the case. Date of service: 03/31/2014. [9037376] (MG)
03/31/2014  23  Filed (ECF) notice of appearance of Donald E. J. Kilmer, Jr. for Appellants Calguns Foundation, Inc., California Association of Federal Firearms Licensees, Gary Gamaza, Steve Nobriga, Second Amendment Foundation, Inc. and John Teixeira. Date of service: 03/31/2014. [9037985] (DK)
General Docket
United States Court of Appeals for the Ninth Circuit
Court of Appeals Docket #: 13-17132 Docketed: 10/23/2013
Termed: 05/16/2016
Nature of Suit: 3440 Other Civil Rights
John Teixeira, et al v. County of Alameda, et al
Appeal From: U.S. District Court for Northern California, San Francisco
Fee Status: Paid
Case Type Information:
     1) civil
     2) private
     3) null
Originating Court Information:
     District: 0971-3 : 3:12-cv-03288-WHO
     Trial Judge: William Horsley Orrick, III, District Judge
     Date Filed: 06/25/2012
     Date Order/Judgment:      Date Order/Judgment EOD:      Date NOA Filed:      Date Rec’d COA:
     09/23/2013      09/23/2013      10/21/2013      10/21/2013
Prior Cases:
     None
Current Cases:
     None

 

JOHN TEIXEIRA
Plaintiff – Appellant,
Donald Kilmer, Jr., Attorney
Direct: 408-264-8489
[COR NTC Retained]
The Law Offices of Donald Kilmer
1645 Willow Street, Suite 150
San Jose, CA 95125
STEVE NOBRIGA
Plaintiff – Appellant,
Donald Kilmer, Jr., Attorney
Direct: 408-264-8489
[COR NTC Retained]
(see above)
GARY GAMAZA
Plaintiff – Appellant,
Donald Kilmer, Jr., Attorney
Direct: 408-264-8489
[COR NTC Retained]
(see above)
CALGUNS FOUNDATION, INC., (CGF)
Plaintiff – Appellant,
Donald Kilmer, Jr., Attorney
Direct: 408-264-8489
[COR NTC Retained]
(see above)
SECOND AMENDMENT FOUNDATION, INC., (SAF)
Plaintiff – Appellant,
Donald Kilmer, Jr., Attorney
Direct: 408-264-8489
[COR NTC Retained]
(see above)
CALIFORNIA ASSOCIATION OF FEDERAL FIREARMS LICENSEES, (Cal-FFL)
Plaintiff – Appellant,
Donald Kilmer, Jr., Attorney
Direct: 408-264-8489
[COR NTC Retained]
(see above)
   v.
COUNTY OF ALAMEDA
Defendant – Appellee,
Thomas M. Bondy
Direct: 202-339-8406
[COR LD NTC Retained]
Orrick, Herrington & Sutcliffe LLP
Columbia Center
Firm: 202-339-8400
1152 15th Street, N.W.
Washington, DC 20005-1706Scott John Feudale, Esquire, Deputy Attorney General
Direct: 510-272-6700
[COR LD NTC County Counsel]
Office of the County Counsel
County of Alameda
Suite 450
1221 Oak Street
Oakland, CA 94612Brian Philip Goldman, Attorney
Direct: 415-773-5676
[COR LD NTC Retained]
Orrick Herrington & Sutcliffe LLP
The Orrick Building
405 Howard Street
San Francisco, CA 94105Naomi J. Mower, Esquire
Direct: 212-506-5116
[COR LD NTC Retained]
Orrick Herrington & Sutcliffe LLP
51 West 52nd Street
New York, NY 10019Robert Loeb
Direct: 202-339-8475
[COR NTC Retained]
Orrick, Herrington & Sutcliffe LLP
Columbia Center
Firm: 202-339-8400
1152 15th Street, N.W.
Washington, DC 20005-1706Sonya Una Sanchez
Direct: 510-272-6700
[COR NTC County Counsel]
Office of the County Counsel
County of Alameda
1221 Oak Street
Oakland, CA 94612
ALAMEDA COUNTY BOARD OF SUPERVISORS, as a policy making body
Defendant – Appellee,
Thomas M. Bondy
Direct: 202-339-8406
[COR LD NTC Retained]
(see above)Scott John Feudale, Esquire, Deputy Attorney General
Direct: 510-272-6700
[COR LD NTC County Counsel]
(see above)Brian Philip Goldman, Attorney
Direct: 415-773-5676
[COR LD NTC Retained]
(see above)Naomi J. Mower, Esquire
Direct: 212-506-5116
[COR LD NTC Retained]
(see above)Robert Loeb
Direct: 202-339-8475
[COR NTC Retained]
(see above)Sonya Una Sanchez
Direct: 510-272-6700
[COR NTC County Counsel]
(see above)
WILMA CHAN, in her official capacity
Defendant – Appellee,
Thomas M. Bondy
Direct: 202-339-8406
[COR LD NTC Retained]
(see above)Scott John Feudale, Esquire, Deputy Attorney General
Direct: 510-272-6700
[COR LD NTC County Counsel]
(see above)Brian Philip Goldman, Attorney
Direct: 415-773-5676
[COR LD NTC Retained]
(see above)Naomi J. Mower, Esquire
Direct: 212-506-5116
[COR LD NTC Retained]
(see above)Robert Loeb
Direct: 202-339-8475
[COR NTC Retained]
(see above)Sonya Una Sanchez
Direct: 510-272-6700
[COR NTC County Counsel]
(see above)
NATE MILEY, in his official capacity
Defendant – Appellee,
Thomas M. Bondy
Direct: 202-339-8406
[COR LD NTC Retained]
(see above)Scott John Feudale, Esquire, Deputy Attorney General
Direct: 510-272-6700
[COR LD NTC County Counsel]
(see above)Brian Philip Goldman, Attorney
Direct: 415-773-5676
[COR LD NTC Retained]
(see above)Naomi J. Mower, Esquire
Direct: 212-506-5116
[COR LD NTC Retained]
(see above)Robert Loeb
Direct: 202-339-8475
[COR NTC Retained]
(see above)Sonya Una Sanchez
Direct: 510-272-6700
[COR NTC County Counsel]
(see above)
KEITH CARSON, in his official capacity
Defendant – Appellee,
Thomas M. Bondy
Direct: 202-339-8406
[COR LD NTC Retained]
(see above)Scott John Feudale, Esquire, Deputy Attorney General
Direct: 510-272-6700
[COR LD NTC County Counsel]
(see above)Brian Philip Goldman, Attorney
Direct: 415-773-5676
[COR LD NTC Retained]
(see above)Naomi J. Mower, Esquire
Direct: 212-506-5116
[COR LD NTC Retained]
(see above)Robert Loeb
Direct: 202-339-8475
[COR NTC Retained]
(see above)Sonya Una Sanchez
Direct: 510-272-6700
[COR NTC County Counsel]
(see above)
——————————
CITIZENS COMMITTEE FOR THE RIGHT TO KEEP AND BEAR ARMS
Amicus Curiae,
Alan Gura
Direct: 703-835-9085
[COR LD NTC Retained]
Gura & Possessky, PLLC
916 Prince Street
Suite 107
Alexandria, VA 22314
LAW CENTER TO PREVENT GUN VIOLENCE
Amicus Curiae,
Laura Joy Edelstein, Attorney
Direct: 650-687-9570
[COR LD NTC Retained]
Steptoe & Johnson LLP
1891 Page Mill Road
Suite 200
Palo Alto, CA 94304Imran A. Khaliq, Esquire, Attorney
Direct: 415-757-5500
[COR LD NTC Retained]
Arent Fox LLP
21st floor
55 Second Street
San Francisco, CA 94105
YOUTH ALIVE!
Amicus Curiae,
Laura Joy Edelstein, Attorney
Direct: 650-687-9570
[COR LD NTC Retained]
(see above)Imran A. Khaliq, Esquire, Attorney
Direct: 415-757-5500
[COR LD NTC Retained]
(see above)
LEAGUE OF CALIFORNIA CITIES
Amicus Curiae,
Thomas Peter Pierce
Direct: 213-626-8484
[COR LD NTC Retained]
Richards, Watson & Gershon
40th Floor
355 South Grand Avenue
Los Angeles, CA 90071-3101
BRADY CENTER TO PREVENT GUN VIOLENCE
Amicus Curiae,
Kathryn Marshall Ali
Direct: 202-637-5771
[COR LD NTC Retained]
Hogan Lovells US LLP
Firm: 202-637-5600
555 Thirteenth Street, NW
Washington, DC 20004
ERWIN CHEMERINSKY
Amicus Curiae,
Lisa Hill Fenning, Attorney
Direct: 213-243-4019
[COR LD NTC Retained]
Arnold & Porter LLP
44th Floor
777 South Figueroa Street
Los Angeles, CA 90017-5844
STATE OF CALIFORNIA
Amicus Curiae,
Peter H. Chang
Direct: 415-703-5939
[COR LD NTC Dep State Aty Gen]
AGCA – Office of the California Attorney General
Suite # 11000
455 Golden Gate Avenue
San Francisco, CA 94102
CALIFORNIA STATE ASSOCIATION OF COUNTIES
Amicus Curiae,
Thomas Peter Pierce
Direct: 213-626-8484
[COR LD NTC Retained]
(see above)

JOHN TEIXEIRA; STEVE NOBRIGA; GARY GAMAZA; CALGUNS FOUNDATION, INC., (CGF); SECOND AMENDMENT FOUNDATION, INC., (SAF); CALIFORNIA ASSOCIATION OF FEDERAL FIREARMS LICENSEES, (Cal-FFL),

Plaintiffs – Appellants,

v.

COUNTY OF ALAMEDA; ALAMEDA COUNTY BOARD OF SUPERVISORS, as a policy making body; WILMA CHAN, in her official capacity; NATE MILEY, in his official capacity; KEITH CARSON, in his official capacity,

Defendants – Appellees.

10/23/2013  1 
16 pg, 600.45 KB
DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 10/30/2013. Transcript ordered by 11/20/2013. Transcript due 12/20/2013. Appellants Calguns Foundation, Inc., California Association of Federal Firearms Licensees, Gary Gamaza, Steve Nobriga, Second Amendment Foundation, Inc. and John Teixeira opening brief due 01/29/2014. Appellees Alameda County Board of Supervisors, Keith Carson, Wilma Chan, County of Alameda and Nate Miley answering brief due 02/28/2014. Appellant’s optional reply brief is due 14 days after service of the answering brief. [8833080] (RT) [Entered: 10/23/2013 11:56 AM]
11/26/2013  2 
2 pg, 86.67 KB
Filed order MEDIATION: The court of appeals’ records do not indicate that appellant has filed a mediation questionnaire in accordance with Cir. R. 3-4. Within seven (7) days of the filing date of this order, appellant shall file a Mediation Questionnaire…dismiss the appeal voluntarily… or show cause in writing why this appeal should not be dismissed. Failure to comply with this order will result in dismissal pursuant to Ninth Cir. R. 42-1. [8878752] (MS) [Entered: 11/26/2013 10:00 AM]
12/02/2013  3 
2 pg, 939.61 KB
Filed (ECF) Appellants Calguns Foundation, Inc., California Association of Federal Firearms Licensees, Gary Gamaza, Steve Nobriga, Second Amendment Foundation, Inc. and John Teixeira Mediation Questionnaire. Date of service: 12/02/2013. [8884407] (Hokanson, Charles) [Entered: 12/02/2013 02:29 PM]
12/02/2013  4 
3 pg, 902.64 KB
Filed (ECF) Appellants Calguns Foundation, Inc., California Association of Federal Firearms Licensees, Gary Gamaza, Steve Nobriga, Second Amendment Foundation, Inc. and John Teixeira Mediation Questionnaire. Date of service: 12/02/2013. [8884513] (Hokanson, Charles) [Entered: 12/02/2013 02:51 PM]
01/19/2014  5 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellants Calguns Foundation, Inc., California Association of Federal Firearms Licensees, Gary Gamaza, Steve Nobriga, Second Amendment Foundation, Inc. and John Teixeira. New requested due date is 02/28/2014 at 11:59 pm. [8944307] (Hokanson, Charles) [Entered: 01/19/2014 03:52 PM]
01/21/2014  6 Streamlined request [5] by Appellants Calguns Foundation, Inc., California Association of Federal Firearms Licensees, Gary Gamaza, Steve Nobriga, Second Amendment Foundation, Inc. and John Teixeira to extend time to file the brief is approved. Amended briefing schedule: Appellants Calguns Foundation, Inc., California Association of Federal Firearms Licensees, Gary Gamaza, Steve Nobriga, Second Amendment Foundation, Inc. and John Teixeira opening brief due 02/28/2014. Appellees Alameda County Board of Supervisors, Keith Carson, Wilma Chan, County of Alameda and Nate Miley answering brief due 03/31/2014. The optional reply brief is due 14 days from the date of service of the answering brief. [8945642] (SB) [Entered: 01/21/2014 02:30 PM]
02/21/2014  7 
5 pg, 31.86 KB
Filed (ECF) Appellants Calguns Foundation, Inc., California Association of Federal Firearms Licensees, Gary Gamaza, Steve Nobriga, Second Amendment Foundation, Inc. and John Teixeira Motion to extend time to file Opening brief until 03/14/2014 at 11:59 pm. Date of service: 02/21/2014. [8988259] (Hokanson, Charles) [Entered: 02/21/2014 03:53 PM]
02/25/2014  8 
1 pg, 84.45 KB
Filed clerk order (Deputy Clerk: amt): Granting unopposed (ECF Filing) motion to extend time to file the opening brief. The opening brief is due 03/14/2014. The answering brief is due 04/14/2014. The optional reply brief is due 14 days after service of the answering brief. [8992217] [13-17132] (AT) [Entered: 02/25/2014 02:22 PM]
03/15/2014  9 
186 pg, 1.83 MB
Submitted (ECF) Opening Brief and excerpts of record for review. Submitted by Appellants Calguns Foundation, Inc., California Association of Federal Firearms Licensees, Gary Gamaza, Steve Nobriga, Second Amendment Foundation, Inc. and John Teixeira. Date of service: 03/15/2013. [9017397]–[COURT UPDATE: Attached corrected brief and excerpts. Resent NDA. 03/18/2014 by RY] (Hokanson, Charles) [Entered: 03/15/2014 04:19 AM]
03/17/2014  10 
9 pg, 43.99 KB
Filed (ECF) Appellants Calguns Foundation, Inc., California Association of Federal Firearms Licensees, Gary Gamaza, Steve Nobriga, Second Amendment Foundation, Inc. and John Teixeira Motion to file a late brief. Date of service: 03/17/2014. [9019455] (Hokanson, Charles) [Entered: 03/17/2014 05:18 PM]
03/20/2014  11 
1 pg, 32.34 KB
Filed clerk order (Deputy Clerk: LKK): Appellants’ motion for leave to file a late opening brief is granted. The Clerk shall file the opening brief received March 15, 2014. The answering brief is due April 14, 2014. The optional reply brief is due within 14 days after service of the answering brief. [9023749]–[Edited 03/20/2014 by BJB] (BJB) [Entered: 03/20/2014 10:20 AM]
03/20/2014  12 
2 pg, 86.41 KB
Filed clerk order: The opening brief [9] submitted by appellants 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 [9] submitted by appellants. 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. [9024787] (LA) [Entered: 03/20/2014 03:21 PM]
03/21/2014  13 COURT DELETED DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [14]. Original Text: Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Citizens Committee for the Right to Keep and Bear Arms. Date of service: 03/21/2014. [9026817] (Gura, Alan) [Entered: 03/21/2014 04:16 PM]
03/21/2014  14 
34 pg, 172.75 KB
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Citizens Committee for the Right to Keep and Bear Arms. Date of service: 03/21/2014. [9026830] (Gura, Alan) [Entered: 03/21/2014 04:22 PM]
03/24/2014  15 Entered appearance of Amicus Curiae Citizens Committee for the Right to Keep and Bear Arms. [9028671] (LA) [Entered: 03/24/2014 02:37 PM]
03/24/2014  16 
2 pg, 86.52 KB
Filed clerk order: The amicus brief [14] submitted by Citizens Committee for the Right to Keep and Bear Arms 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. [9028990] (LA) [Entered: 03/24/2014 03:28 PM]
03/27/2014  17 Filed Appellants paper copies of excerpts of record [9] in 1 volume(s). [9033790] (CT) [Entered: 03/27/2014 11:13 AM]
03/27/2014  18 Received 7 paper copies of Amicus brief [14] filed by Citizens Committee for the Right to Keep and Bear Arms. [9034268] (SD) [Entered: 03/27/2014 02:00 PM]
03/28/2014  19 Received 7 paper copies of Opening brief [9] filed by Appellants. [9036282] (SD) [Entered: 03/28/2014 03:36 PM]
03/31/2014  20 
2 pg, 405.21 KB
Filed (ECF) notice of appearance of Nicole L. Roman for Appellees Alameda County Board of Supervisors, Keith Carson, Wilma Chan, County of Alameda and Nate Miley. Date of service: 03/31/2014. [9037046] (Roman, Nicole) [Entered: 03/31/2014 10:22 AM]
03/31/2014  21 Added attorney Nicole Roman for Alameda County Board of Supervisors Wilma Chan Nate Miley County of Alameda Keith Carson, in case 13-17132. [9037088] (CW) [Entered: 03/31/2014 10:35 AM]
03/31/2014  22 
21 pg, 1016.07 KB
Filed (ECF) Appellee County of Alameda Motion to dismiss the case. Date of service: 03/31/2014. [9037376] (Gormley, Mary Ellyn) [Entered: 03/31/2014 11:54 AM]
03/31/2014  23 
3 pg, 50.59 KB
Filed (ECF) notice of appearance of Donald E. J. Kilmer, Jr. for Appellants Calguns Foundation, Inc., California Association of Federal Firearms Licensees, Gary Gamaza, Steve Nobriga, Second Amendment Foundation, Inc. and John Teixeira. Date of service: 03/31/2014. [9037985] (Kilmer, Donald) [Entered: 03/31/2014 03:11 PM]
04/01/2014  24 Attorney Charles W. Hokanson in 13-17132 substituted by Attorney Donald Kilmer Jr. in 13-17132 [9038620] (CW) [Entered: 04/01/2014 08:24 AM]
04/07/2014  25 
12 pg, 529.98 KB
Filed (ECF) Appellants Calguns Foundation, Inc., California Association of Federal Firearms Licensees, Gary Gamaza, Steve Nobriga, Second Amendment Foundation, Inc. and John Teixeira response opposing motion (,motion to dismiss the case). Date of service: 04/07/2014. [9048020] (Kilmer, Donald) [Entered: 04/07/2014 07:11 PM]
04/09/2014  26 
5 pg, 29.07 KB
Filed (ECF) Appellees Alameda County Board of Supervisors, Keith Carson, Wilma Chan, County of Alameda and Nate Miley reply to response to motion (motion to dismiss the case). Date of service: 04/09/2014. [9051837]–[COURT UPDATE: edited text to reflect filing. 04/09/2014 by SS] (Roman, Nicole) [Entered: 04/09/2014 02:43 PM]
04/09/2014  27 
1 pg, 32.41 KB
Filed order (Appellate Commissioner): Appellees’ opposed motion to dismiss for lack of prosecution is denied. The answering brief is due May 12, 2014. The optional reply brief is due within 14 days after service of the answering brief. (Pro Mo) [9052261] (MS) [Entered: 04/09/2014 04:51 PM]
04/14/2014  28 
3 pg, 55.31 KB
Filed (ECF) Appellants Calguns Foundation, Inc., California Association of Federal Firearms Licensees, Gary Gamaza, Steve Nobriga, Second Amendment Foundation, Inc. and John Teixeira Joint Motion for miscellaneous relief [Stipulation to Correct Excerpt of Record and Extend time for Appellees’ Brief. ]. Date of service: 04/14/2014. [9056559] (Kilmer, Donald) [Entered: 04/14/2014 11:30 AM]
04/16/2014  29 
2 pg, 33.55 KB
Filed clerk order (Deputy Clerk: LKK): The parties’ stipulation to appellants filing a corrected excerpts of record within 7 days of the date of this order is granted. Upon receipt of the corrected excerpts of record, the excerpts of record filed on March 20, 2014 shall be discarded. Appellee’s unopposed motion for an extension of time to file the answering brief is granted. The answering brief is due July 11, 2014. The optional reply brief is due within 14 days after service of the answering brief. [9060312] (BJB) [Entered: 04/16/2014 11:42 AM]
04/21/2014  30 
195 pg, 9.82 MB
Submitted (ECF) excerpts of record. Submitted by Appellants Calguns Foundation, Inc., California Association of Federal Firearms Licensees, Gary Gamaza, Steve Nobriga, Second Amendment Foundation, Inc. and John Teixeira. Date of service: 04/21/2014. [9064783] (Kilmer, Donald) [Entered: 04/21/2014 08:43 AM]
04/22/2014  31 
1 pg, 84.45 KB
Filed clerk order: The Court has reviewed the excerpts of record [30] submitted by appellants. 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. [9067465] (CT) [Entered: 04/22/2014 10:59 AM]
04/28/2014  32 
2 pg, 49.56 KB
Filed (ECF) Appellants Calguns Foundation, Inc., California Association of Federal Firearms Licensees, Gary Gamaza, Steve Nobriga, Second Amendment Foundation, Inc. and John Teixeira Correspondence: Certificate of Service of paper ER. Date of service: 04/28/2014 [9073869] (Kilmer, Donald) [Entered: 04/28/2014 09:57 AM]
04/29/2014  33 Filed Appellants paper copies of corrected excerpts of record [30] in 1 volume(s). [9077722]–[Edited: Backdated entry to reflect correct filed date (04/29/2014). 04/30/2014 by RY] (CT) [Entered: 04/30/2014 10:29 AM]
05/07/2014  34 
8 pg, 63.17 KB
Filed (ECF) Errata to Opening brief ([9] Brief Submitted for Review (ECF Filing) ). Filed by Appellants Calguns Foundation, Inc., California Association of Federal Firearms Licensees, Gary Gamaza, Steve Nobriga, Second Amendment Foundation, Inc. and John Teixeira. Date of service: 05/07/2014. [9086644]–[Edited: Corrected link to brief. 05/07/2014 by RY] (Kilmer, Donald) [Entered: 05/07/2014 01:10 PM]
06/12/2014  35 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Alameda County Board of Supervisors, Keith Carson, Wilma Chan, County of Alameda and Nate Miley. New requested due date is 08/11/2014 at 11:59 pm. [9130832] (Roman, Nicole) [Entered: 06/12/2014 04:24 PM]
06/13/2014  36 Streamlined request [35] by Appellees Alameda County Board of Supervisors, Keith Carson, Wilma Chan, County of Alameda and Nate Miley to extend time to file the brief is not approved because filer requested a previous extension of time. The filer must file a motion per 9th Cir. R. 31-2.2(b). [9131834] (SB) [Entered: 06/13/2014 01:07 PM]
06/16/2014  37 
7 pg, 356.18 KB
Filed (ECF) Appellees Alameda County Board of Supervisors, Keith Carson, Wilma Chan, County of Alameda and Nate Miley Motion to extend time to file Answering brief until 08/11/2014. Date of service: 06/16/2014. [9133029] (Gormley, Mary Ellyn) [Entered: 06/16/2014 10:41 AM]
06/17/2014  38 
1 pg, 33.85 KB
Filed clerk order (Deputy Clerk: LKK): Appellees’ motion for an extension of time to file the answering brief is granted. The answering brief is due August 11, 2014. The optional reply brief is due within 14 days after service of the answering brief. Movants are reminded that any request for extension of time to file a brief should include a statement that the court reporter is not in default with regard to any designated transcripts. 9th Cir. 31-2.2(b)(7). [9135630] (HC) [Entered: 06/17/2014 01:44 PM]
08/11/2014  39 
68 pg, 2.07 MB
Submitted (ECF) Answering Brief and supplemental excerpts of record for review. Submitted by Appellees Alameda County Board of Supervisors, Keith Carson, Wilma Chan, County of Alameda and Nate Miley. Date of service: 08/11/2014. [9200591] (Gormley, Mary Ellyn) [Entered: 08/11/2014 01:54 PM]
08/12/2014  40 
2 pg, 86.79 KB
Filed clerk order: The answering brief [39] 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 [39] 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. [9202063] (CT) [Entered: 08/12/2014 11:30 AM]
08/13/2014  42 Filed Appellees’ paper copies of supplemental excerpts of record [39] in 1 volume. [9204756] (LA) [Entered: 08/14/2014 09:33 AM]
08/14/2014  41 
2 pg, 411.77 KB
Filed (ECF) notice of appearance of Sonya Una Sanchez for Appellees Alameda County Board of Supervisors, Keith Carson, Wilma Chan, County of Alameda and Nate Miley. Date of service: 08/14/2014. [9204732] (Sanchez, Sonya) [Entered: 08/14/2014 09:19 AM]
08/14/2014  43 Attorney Nicole Roman in 13-17132 substituted by Attorney Sonya Una Sanchez in 13-17132 [9204781] (CW) [Entered: 08/14/2014 09:47 AM]
08/14/2014  44 Received 7 paper copies of Answering brief [39] filed by appellees. [9204850] (SD) [Entered: 08/14/2014 10:18 AM]
08/15/2014  45 
27 pg, 87.46 KB
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Law Center to Prevent Gun Violence and Youth ALIVE!. Date of service: 08/15/2014. [9207267] –[COURT UPDATE: Attached corrected brief. 08/18/2014 by TL] (Khaliq, Imran) [Entered: 08/15/2014 04:18 PM]
08/18/2014  46 Entered appearance of Amici Curiae Law Center to Prevent Gun Violence and Youth Alive!. [9207987] (LA) [Entered: 08/18/2014 10:23 AM]
08/18/2014  47 
2 pg, 87.05 KB
Filed clerk order: The amicus brief [45] submitted by Law Center to Prevent Gun Violence and Youth Alive! 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. [9207992] (LA) [Entered: 08/18/2014 10:23 AM]
08/22/2014  48 Received 7 paper copies of Amicus brief [45] filed by Law Center to Prevent Gun Violence and Youth Alive!. [9215795] (DB) [Entered: 08/22/2014 12:47 PM]
08/25/2014  49 
28 pg, 148.38 KB
Submitted (ECF) Reply Brief for review. Submitted by Appellants Calguns Foundation, Inc., California Association of Federal Firearms Licensees, Gary Gamaza, Steve Nobriga, Second Amendment Foundation, Inc. and John Teixeira. Date of service: 08/25/2014. [9218368] (Kilmer, Donald) [Entered: 08/25/2014 05:43 PM]
08/26/2014  50 
2 pg, 86.86 KB
Filed clerk order: The reply brief [49] submitted by Calguns Foundation, Inc., California Association of Federal Firearms Licensees, Gary Gamaza, Steve Nobriga, Second Amendment Foundation, Inc. and John Teixeira 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. [9220166] (GV) [Entered: 08/26/2014 05:29 PM]
09/02/2014  51 Received 7 paper copies of Reply brief [49] filed by Calguns Foundation, Inc., et al. [9226792] (SD) [Entered: 09/03/2014 10:14 AM]
05/21/2015  52 
2 pg, 106.03 KB
Filed (ECF) notice of appearance of Scott J. Feudale for Appellees Alameda County Board of Supervisors, County of Alameda, Nate Miley, Wilma Chan and Keith Carson. Date of service: 05/21/2015. [9546788] [13-17132] (Feudale, Scott) [Entered: 05/21/2015 04:31 PM]
05/22/2015  53 Added attorney Scott John Feudale for County of Alameda, in case 13-17132. [9547341] (SW) [Entered: 05/22/2015 10:16 AM]
09/29/2015  54 Notice of Oral Argument on Tuesday, December 8, 2015 – 09:00 A.M. – Courtroom 3 – 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.
[9700161] (GEV) [Entered: 09/29/2015 12:51 PM]

09/30/2015  55 
1 pg, 83.51 KB
Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Mr. Scott John Feudale, Esquire for Appellee County of Alameda, Mary Ellyn Gormley, Esquire for Appellees Alameda County Board of Supervisors, Keith Carson, Wilma Chan, County of Alameda and Nate Miley and Sonya Una Sanchez for Appellees Alameda County Board of Supervisors, Keith Carson, Wilma Chan, County of Alameda and Nate Miley. [9701351] [13-17132] (Feudale, Scott) [Entered: 09/30/2015 08:43 AM]
09/30/2015  56 
1 pg, 34.97 KB
Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Mr. Donald Kilmer, Jr. for Appellants Calguns Foundation, Inc., California Association of Federal Firearms Licensees, Gary Gamaza, Steve Nobriga, Second Amendment Foundation, Inc. and John Teixeira. [9701551] [13-17132] (Kilmer, Donald) [Entered: 09/30/2015 10:07 AM]
11/06/2015  57 COURT DELETED DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [58]. Original Text: Filed (ECF) Appellants Calguns Foundation, Inc., California Association of Federal Firearms Licensees, Gary Gamaza, Steve Nobriga, Second Amendment Foundation, Inc. and John Teixeira citation of supplemental authorities. Date of service: 11/06/2015. [9748424] [13-17132] (Kilmer, Donald) [Entered: 11/06/2015 10:07 PM]
11/09/2015  58 
6 pg, 137.48 KB
Filed (ECF) Appellants Calguns Foundation, Inc., California Association of Federal Firearms Licensees, Gary Gamaza, Steve Nobriga, Second Amendment Foundation, Inc. and John Teixeira citation of supplemental authorities. Date of service: 11/09/2015. [9750139] [13-17132] (Kilmer, Donald) [Entered: 11/09/2015 05:03 PM]
12/08/2015  59 ARGUED AND SUBMITTED TO DIARMUID F. O’SCANNLAIN, BARRY G. SILVERMAN and CARLOS T. BEA. [9783759] (EU) [Entered: 12/08/2015 11:34 AM]
12/15/2015  60 
21 pg, 228.14 KB
Filed (ECF) Appellants Calguns Foundation, Inc., California Association of Federal Firearms Licensees, Gary Gamaza, Steve Nobriga, Second Amendment Foundation, Inc. and John Teixeira citation of supplemental authorities. Date of service: 12/15/2015. [9792775] [13-17132] (Kilmer, Donald) [Entered: 12/15/2015 11:07 AM]
12/15/2015  61 
20 pg, 217.75 KB
Filed (ECF) Appellants Calguns Foundation, Inc., California Association of Federal Firearms Licensees, Gary Gamaza, Steve Nobriga, Second Amendment Foundation, Inc. and John Teixeira citation of supplemental authorities. Date of service: 12/15/2015. [9792988] [13-17132] (Kilmer, Donald) [Entered: 12/15/2015 11:58 AM]
12/17/2015  62 
3 pg, 681.97 KB
Filed (ECF) Appellee County of Alameda citation of supplemental authorities. Date of service: 12/17/2015. [9797446] [13-17132] –[COURT UPDATE: Attached searchable version of citation and attached certificate of service. 12/17/2015 by TYL] (Feudale, Scott) [Entered: 12/17/2015 02:59 PM]
12/17/2015  63 
5 pg, 1.32 MB
Filed (ECF) Appellee County of Alameda citation of supplemental authorities. Date of service: 12/17/2015. [9797466] [13-17132] –[COURT UPDATE: Attached searchable version of citation and attached certificate of service. 12/17/2015 by TYL] (Feudale, Scott) [Entered: 12/17/2015 03:03 PM]
12/17/2015  64 
3 pg, 797.46 KB
Filed (ECF) Appellee County of Alameda citation of supplemental authorities. Date of service: 12/17/2015. [9797472] [13-17132] –[COURT UPDATE: Attached searchable version of citation and attached certificate of service. 12/17/2015 by TYL] (Feudale, Scott) [Entered: 12/17/2015 03:04 PM]
12/17/2015  65 COURT DELETED INCORRECT ENTRY. Merged with entries 62, 63 and 64. Notice about deletion sent to case participants registered for electronic filing. Correct Entries: [62], [63] and [64]. Original Text: Filed (ECF) Appellee County of Alameda citation of supplemental authorities. Date of service: 12/17/2015. [9797499] [13-17132] (Feudale, Scott) [Entered: 12/17/2015 03:09 PM]
05/16/2016  66 
41 pg, 327.09 KB
FILED OPINION (DIARMUID F. O’SCANNLAIN, BARRY G. SILVERMAN and CARLOS T. BEA) For the forgoing reasons, the dismissal of the Equal Protection Clause claims is AFFIRMED and the dismissal of the Second Amendment claims is REVERSED. The case is REMANDED for further proceedings consistent with this opinion. Each party shall bear its own costs on appeal. Judge: DFO Authoring, Judge: BGS Concurring & dissenting, FILED AND ENTERED JUDGMENT. [9977095] (RMM) [Entered: 05/16/2016 06:28 AM]
05/20/2016  67 
8 pg, 42.01 KB
Filed (ECF) Appellee County of Alameda Motion to extend time to file petition for rehearing until 06/30/2016. Date of service: 05/20/2016. [9985082] [13-17132] (Feudale, Scott) [Entered: 05/20/2016 12:15 PM]
05/23/2016  68 
1 pg, 33.66 KB
Filed order (DIARMUID F. O’SCANNLAIN, BARRY G. SILVERMAN and CARLOS T. BEA): Appellee’s Motion for an Extension of Time to File a Petition for Rehearing En Banc, filed with this court on May 20, 2016, is GRANTED. Appellee’s petition for rehearing en banc shall now be due on June 30, 2016. [9987146] (AF) [Entered: 05/23/2016 02:13 PM]
06/08/2016  69 
3 pg, 658.72 KB
Filed (ECF) notice of appearance of Robert M. Loeb for Appellees Alameda County Board of Supervisors, Keith Carson, Wilma Chan, County of Alameda and Nate Miley. Date of service: 06/08/2016. [10007676] [13-17132] (Loeb, Robert) [Entered: 06/08/2016 07:36 PM]
06/09/2016  70 Added attorney Robert Loeb for Alameda County Board of Supervisors Keith Carson Wilma Chan County of Alameda Nate Miley, in case 13-17132. [10007729] (CW) [Entered: 06/09/2016 07:12 AM]
06/13/2016  71 
8 pg, 102.33 KB
Filed (ECF) Appellees County of Alameda, Alameda County Board of Supervisors, Keith Carson, Wilma Chan and Nate Miley Unopposed Motion to extend time to file petition for rehearing until 07/21/2016. Date of service: 06/13/2016. [10011331] [13-17132] (Loeb, Robert) [Entered: 06/13/2016 07:04 AM]
06/14/2016  72 
1 pg, 33.7 KB
Filed order (DIARMUID F. O’SCANNLAIN, BARRY G. SILVERMAN and CARLOS T. BEA): Appellees’ Motion for a Further Extension of Time to File a Petition for Rehearing En Banc, filed with this court on June 13, 2016, is GRANTED. Appellees’ petition for rehearing en banc shall now be due on July 21, 2016. [10015142] (AF) [Entered: 06/14/2016 05:00 PM]
06/16/2016  73 
3 pg, 106.97 KB
Filed (ECF) notice of appearance of Thomas M. Bondy for Appellees Alameda County Board of Supervisors, Keith Carson, Wilma Chan, County of Alameda and Nate Miley. Date of service: 06/16/2016. [10017717] [13-17132] (Bondy, Thomas) [Entered: 06/16/2016 01:22 PM]
06/16/2016  74 
3 pg, 107.45 KB
Filed (ECF) notice of appearance of Brian P. Goldman for Appellees Alameda County Board of Supervisors, Keith Carson, Wilma Chan, County of Alameda and Nate Miley. Date of service: 06/06/2016. [10017724] [13-17132] (Goldman, Brian) [Entered: 06/16/2016 01:27 PM]
06/16/2016  75 
3 pg, 107.04 KB
Filed (ECF) notice of appearance of Naomi Mower for Appellees Alameda County Board of Supervisors, Keith Carson, Wilma Chan, County of Alameda and Nate Miley. Date of service: 06/06/2016. [10017747] [13-17132] (Mower, Naomi) [Entered: 06/16/2016 01:31 PM]
06/16/2016  76 Added attorney Thomas M. Bondy for Alameda County Board of Supervisors Keith Carson Wilma Chan County of Alameda Nate Miley, in case 13-17132. [10018092] (SW) [Entered: 06/16/2016 03:23 PM]
06/16/2016  77 Added attorney Brian Philip Goldman for Alameda County Board of Supervisors Keith Carson Wilma Chan County of Alameda Nate Miley, in case 13-17132. [10018121] (SW) [Entered: 06/16/2016 03:29 PM]
06/16/2016  78 Added attorney Naomi J. Mower for Alameda County Board of Supervisors Keith Carson Wilma Chan County of Alameda Nate Miley, in case 13-17132. [10018160] (SW) [Entered: 06/16/2016 03:37 PM]
07/21/2016  79 
69 pg, 264.04 KB
Filed (ECF) Appellees Alameda County Board of Supervisors, Keith Carson, Wilma Chan, County of Alameda and Nate Miley petition for panel rehearing and petition for rehearing en banc (from 05/16/2016 opinion). Date of service: 07/21/2016. [10057901] [13-17132] (Loeb, Robert) [Entered: 07/21/2016 11:03 AM]
07/27/2016  80 
2 pg, 34.51 KB
Filed order (DIARMUID F. O’SCANNLAIN, BARRY G. SILVERMAN and CARLOS T. BEA): Appellants are directed to file a response to the Petition for Rehearing or Rehearing En Banc, filed with this court on July 21, 2016. The response shall be filed within 21 days of the date of this order. Parties who are registered for Appellate ECF must file the response electronically without submission of paper copies. Parties who are not registered Appellate ECF filers must file the original response plus 50 paper copies. [10064766] (AF) [Entered: 07/27/2016 09:21 AM]
07/27/2016  81 
26 pg, 742.75 KB
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Brief of Amici Curiae League of California Cities and California State Association of Counties in Support of Appellees’ Petition for Rehearing En Banc. Date of service: 07/27/2016. [10065825] [13-17132] (Pierce, Thomas) [Entered: 07/27/2016 03:52 PM]
07/27/2016  82 Entered appearance of Amici Curiae League of California Cities and CSAC. [10065999] (KT) [Entered: 07/27/2016 04:30 PM]
07/27/2016  83 
2 pg, 187.2 KB
Filed clerk order: The amicus brief [81] submitted by CSAC and League of California Cities 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. [10066012] (KT) [Entered: 07/27/2016 04:35 PM]
07/28/2016  84 
2 pg, 48.65 KB
Filed (ECF) Appellants Calguns Foundation, Inc., California Association of Federal Firearms Licensees, Gary Gamaza, Steve Nobriga, Second Amendment Foundation, Inc. and John Teixeira Unopposed Motion to extend time to file Answering brief until 09/20/2016. Date of service: 07/28/2016. [10067012] [13-17132] (Kilmer, Donald) [Entered: 07/28/2016 12:15 PM]
07/29/2016  85 
1 pg, 33.77 KB
Filed order (DIARMUID F. O’SCANNLAIN, BARRY G. SILVERMAN and CARLOS T. BEA): Appellants’ Unopposed Motion for an Extension of Time to File Response to Appellees’ Petition for Rehearing or Rehearing En Banc, filed with this court on July 28, 2016, is GRANTED. Appellants’ response shall now be due on September 20, 2016. [10068450] (AF) [Entered: 07/29/2016 11:00 AM]
07/29/2016  86 
2 pg, 775.84 KB
Filed (ECF) notice of appearance of Laura J. Edelstein for Amici Curiae Law Center to Prevent Gun Violence and Youth Alive!. Date of service: 07/29/2016. [10069116] [13-17132] (Edelstein, Laura) [Entered: 07/29/2016 02:28 PM]
07/29/2016  87 Added attorney Laura Joy Edelstein for Law Center to Prevent Gun Violence Youth Alive!, in case 13-17132. [10069236] (SW) [Entered: 07/29/2016 02:49 PM]
08/01/2016  88 
23 pg, 157.77 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: 08/01/2016. [10070429] [13-17132]–[COURT UPDATE: Attached corrected brief. 08/01/2016 by SLM] (Ali, Kathryn) [Entered: 08/01/2016 11:02 AM]
08/01/2016  89 
25 pg, 230.29 KB
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Dean Erwin Chemerinsky. Date of service: 08/01/2016. [10070742] [13-17132] (Fenning, Lisa) [Entered: 08/01/2016 12:41 PM]
08/01/2016  90 
27 pg, 57.26 KB
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Law Center to Prevent Gun Violence and Youth ALIVE!. Date of service: 08/01/2016. [10070782] [13-17132] (Edelstein, Laura) [Entered: 08/01/2016 01:05 PM]
08/01/2016  91 Entered appearance of Amicus Curiae Brady Center to Prevent Gun Violence. [10070948] (KT) [Entered: 08/01/2016 01:59 PM]
08/01/2016  92 
2 pg, 188.1 KB
Filed clerk order: The amicus brief [88] 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. [10070963] (KT) [Entered: 08/01/2016 02:03 PM]
08/01/2016  93 Entered appearance of Amicus Curiae Erwin Chemerinsky. [10070971] (KT) [Entered: 08/01/2016 02:05 PM]
08/01/2016  94 
2 pg, 187.55 KB
Filed clerk order: The amicus brief [89] submitted by Erwin Chemerinsky 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. [10070982] (KT) [Entered: 08/01/2016 02:08 PM]
08/01/2016  95 
2 pg, 188.15 KB
Filed clerk order: The amicus brief [90] submitted by Law Center to Prevent Gun Violence and Youth Alive! 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. [10070994] (KT) [Entered: 08/01/2016 02:11 PM]
08/01/2016  96 
26 pg, 205.18 KB
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by State of California. Date of service: 08/01/2016. [10071345] [13-17132] –[COURT UPDATE: Attached corrected brief and attached certificate of service. 08/02/2016 by TYL] (Chang, Peter) [Entered: 08/01/2016 03:45 PM]
08/02/2016  97 Entered appearance of Amicus Curiae State of California. [10071957] (KT) [Entered: 08/02/2016 09:14 AM]
08/02/2016  98 
2 pg, 187.56 KB
Filed clerk order: The amicus brief [96] submitted by State of California 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. [10071967] (KT) [Entered: 08/02/2016 09:17 AM]
08/03/2016  99 Received 20 paper copies of Amicus Brief [81] filed by CSAC and League of California Cities. [10074463] (KT) [Entered: 08/03/2016 02:05 PM]
08/03/2016  100 Received 20 paper copies of Amicus Brief [89] filed by Erwin Chemerinsky. [10074466] (KT) [Entered: 08/03/2016 02:06 PM]
08/04/2016  101 Received 24 paper copies of Amicus Brief [90] filed by Law Center to Prevent Gun Violence and Youth Alive!. [10075979] (KT) [Entered: 08/04/2016 02:15 PM]
08/05/2016  102 Received 20 paper copies of Amicus Brief [88] filed by Brady Center to Prevent Gun Violence. [10077456] (KT) [Entered: 08/05/2016 02:36 PM]
08/05/2016  103 Received 20 paper copies of Amicus Brief [96] filed by State of California. [10077706] (KT) [Entered: 08/05/2016 04:06 PM]
08/11/2016  104 
2 pg, 79.91 KB
Filed (ECF) notice of appearance of Scott J. Feudale for Appellee County of Alameda. Date of service: 08/11/2016. [10084390] [13-17132] (Feudale, Scott) [Entered: 08/11/2016 02:53 PM]
08/11/2016  105 Attorneys Mary Ellyn Gormley substituted by Attorneys Scott John Feudale. [10084408] (SW) [Entered: 08/11/2016 03:01 PM]
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