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Scocca v. Smith - Concealed Carry - Lost (Santa Clara County)

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2,028 days after this ill conceived concealed carry lawsuit was filed, it ended with a whimper instead of a bang.  On October 5, 2016 the judge signed the Plaintiff’s proposed order to dismiss his own case.

3:11-cv-01318-EMC Scocca et al v. Smith et al
Edward M. Chen, presiding
Date filed: 03/18/2011

Another CCW case, this one out of Santa Clara County California.

Here is a link to the operative Complaint.  Many of the case filings are available for free at this link.  This case was filed on March 18, 2011.




Update by Charles Nichols, President of California Right To Carry – October 5,  2016 –  2,028 days after this ill conceived concealed carry lawsuit was filed, it ended with a whimper instead of a bang.  On October 5, 2016 the judge signed the Plaintiff’s proposed order to dismiss his own case.

The following transaction was entered on 10/5/2016 at 12:01 PM and filed on 10/5/2016

Case Name: Scocca et al v. Smith et al
Case Number: 3:11-cv-01318-EMC
Filer:
Document Number: 105

Docket Text:
STIPULATION AND ORDER re [104] STIPULATION WITH PROPOSED ORDER for Dismissal and Vacate CMC filed by Madison Society, Inc, The Calguns Foundations, Inc, Tom Scocca. Signed by Judge Edward M. Chen on 10/5/16. (bpfS, COURT STAFF) (Filed on 10/5/2016)

Update by Charles Nichols, President of California Right To Carry – September 30,  2016 –  After notifying the Madison Society that it was dropping its concealed carry lawsuit, it took over a month for the CalGuns.nuts lawyers to actually file the paperwork.  Now we wait for the judge to sign the dismissal order.

Document Number: 104

Docket Text:
STIPULATION WITH PROPOSED ORDER for Dismissal and Vacate CMC filed by Madison Society, Inc, Tom Scocca, The Calguns Foundations, Inc. (Kilmer, Donald) (Filed on9/30/2016)

Update by Charles Nichols, President of California Right To Carry – August 27,  2016 –  At approximately 10 AM the Madison Society posted this on its Facebook page:

The Madison Society just received notification from our attorney that the Ninth Circuit has denied a request for full court en banc in Peruta/Richards. Without a fundamental right to carry concealed, and with a client (Mr. Scocca) who already has an open carry permit we are dead in the water because the court will simply say that Mr. Scocca is already exercising the only 2nd Amendment rights he is entitled to with respect to public carry. This fact was a plus when we wanted to argue that there is no rational basis for denying someone a concealed permit, when that someone already has an open carry permit. That fact makes our case frivolous in light of the current state of the law.

He also advised us to let him dismiss the case on the most favorable terms he can get, and warned us to be careful exercising our gun rights with the current anti-gun climate in California.

Update by Charles Nichols, President of California Right To Carry – August 18,  2016 – The plaintiffs filed the following:

Notice of Electronic Filing

The following transaction was entered by Kilmer, Donald on 8/18/2016 at 10:49 AM and filed on 8/18/2016

Case Name: Scocca et al v. Smith et al
Case Number: 3:11-cv-01318-EMC
Filer: Madison Society, Inc
Tom Scocca
The Calguns Foundations, Inc
Document Number: 103

Docket Text:
NOTICE by Madison Society, Inc, Tom Scocca, The Calguns Foundations, Inc Ninth Circuit Order re: En Banc Denial: Peruta v San Diego (Attachments: # (1) Exhibit Order re: En Banc Denial)(Kilmer, Donald) (Filed on 8/18/2016)

Update by Charles Nichols, President of California Right To Carry – August 4,  2016 – The court granted the postponement.

Document Number: 102

Docket Text:
STIPULATION AND ORDER re [101] STIPULATION WITH PROPOSED ORDER to Continue CMC filed by Madison Society, Inc, The Calguns Foundations, Inc, Tom Scocca. Case Management Statement due by 11/3/2016. Further Case Management Conference set for 11/10/2016 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 8/4/16. (bpfS, COURT STAFF) (Filed on 8/4/2016)

Update by Charles Nichols, President of California Right To Carry – August 2,  2016 – The parties, to nobody’s surprise, filed a stipulation to postpone the date of the Case Management Conference:

Document Number: 101

Docket Text:
STIPULATION WITH PROPOSED ORDER to Continue CMC filed by Madison Society, Inc, Tom Scocca, The Calguns Foundations, Inc. (Kilmer, Donald) (Filed on 8/2/2016)

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

Update June 15, 2016 by Charles Nichols – President of California Right To Carry – The plaintiffs filed a notice regarding the decisions in Peruta and Richards. 100 – Notice of Decisions to Peruta v. San Diego and Richards v. Prieto

Update June 10, 2016 by Charles Nichols – President of California Right To Carry – Given that this is a 14th Amendment equal protection case seeking a concealed carry license and the Peruta court issued a decision which makes it subject to rational basis review.  Don’t be surprised if this case is voluntarily dismissed by the plaintiffs or dismissed with prejudice.

Update April 11, 2016 by Charles Nichols – President of California Right To Carry – The case management conference, at the request of the parties, has been pushed back again.

The following transaction was entered on 4/11/2016 at 1:53 PM and filed on 4/11/2016 Docket Text:
STIPULATION AND ORDER re [98] STIPULATION WITH PROPOSED ORDER CONTINUING APRIL 21, 2016 CASE MANAGEMENT CONFERENCE filed by Laurie Smith, County of Santa Clara. Case Management Statement due by 8/18/2016. Further Case Management Conference set for 8/25/2016 10:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 4/11/16. (bpf, COURT STAFF) (Filed on 4/11/2016)

Update April 8, 2016 by Charles Nichols – President of California Right To Carry – The parties have asked that the Case Management Conference be rescheduled in light of there not being a decision in the Peruta v. San Diego case.

Update February 22, 2016 by Charles Nichols – President of California Right To Carry – The case management conference, at the request of the parties, has been pushed back again.

The following transaction was entered on 2/22/2016 at 10:13 AM PST and filed on 2/22/2016

Case Name: Scocca et al v. Smith et al
Case Number: 3:11-cv-01318-EMC
Filer:
Document Number: 97

Docket Text:
STIPULATION AND ORDER CONTINUING MARCH 3, 2016 CASE MANAGEMENT CONFERENCE re: [96]: Case Management Statement due by 4/14/2016. Further Case Management Conference reset for 4/21/2016 10:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 2/22/2016. (afmS, COURT STAFF) (Filed on 2/22/2016)

The following transaction was entered by Kiniyalocts, Melissa on 2/19/2016 at 3:34 PM PST and filed on 2/19/2016

Case Name: Scocca et al v. Smith et al
Case Number: 3:11-cv-01318-EMC
Filer: County of Santa Clara
Laurie Smith
Document Number: 96

Docket Text:
STIPULATION WITH PROPOSED ORDER CONTINUING MARCH 3, 2016 CASE MANAGEMENT CONFERENCE filed by County of Santa Clara, Laurie Smith. (Kiniyalocts, Melissa) (Filed on 2/19/2016)

 

Update January 22, 2016 by Charles Nichols – President of California Right To Carry – The district court activity for today:

Document Number: 95

Docket Text:
STIPULATION AND ORDER re [94] STIPULATION WITH PROPOSED ORDER CONTINUING JANUARY 28, 2016 CASE MANAGEMENT CONFERENCE filed by Laurie Smith, County of Santa Clara. CMC reset for 3/3/16 at 10:30 a.m. Signed by Judge Edward M. Chen on 1/22/16. (bpf, COURT STAFF) (Filed on 1/22/2016)

Document Number: No document attached

Docket Text:
Set Deadlines/Hearings: Case Management Statement due by 2/25/2016. Further Case Management Conference set for 3/3/2016 10:30 AM in Courtroom 5, 17th Floor, San Francisco. (bpf, COURT STAFF) (Filed on 1/22/2016)

 

Update January 15, 2016 by Charles Nichols – President of California Right To Carry – Surprise! Surprise! Yet another request for a continuation was filed with the district court.  This case was originally filed on March 18, 2011:

Name: Scocca et al v. Smith et al
Case Number: 3:11-cv-01318-EMC
Filer: County of Santa Clara
Laurie Smith
Document Number: 94

Docket Text:
STIPULATION WITH PROPOSED ORDER CONTINUING JANUARY 28, 2016 CASE MANAGEMENT CONFERENCE filed by County of Santa Clara, Laurie Smith. (Kiniyalocts, Melissa) (Filed on 1/15/2016)

Update December 2, 2015 by Charles Nichols – President of California Right To Carry – Surprise! Surprise! Yet another continuation is in effect:

Docket Text:
STIPULATION AND ORDER re [92] STIPULATION WITH PROPOSED ORDER CONTINUING DECEMBER 10, 2015 CASE MANAGEMENT CONFERENCE filed by Laurie Smith, County of Santa Clara Case Management Statement due by 1/21/2016. Further Case Management Conference set for 1/28/2016 10:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 12/2/15. (bpf, COURT STAFF) (Filed on 12/2/2015)

Update November 30, 2015 by Charles Nichols – President of California Right To Carry – Surprise! Surprise! Yet another continuation was filed:

Document Number: 92
Docket Text:
STIPULATION WITH PROPOSED ORDER CONTINUING DECEMBER 10, 2015 CASE MANAGEMENT CONFERENCE filed by County of Santa Clara, Laurie Smith. (Kiniyalocts, Melissa) (Filed on 11/30/2015)

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

Update by Charles Nichols, President of California Right To Carry – August 3,  2015 – It shouldn’t surprise anyone that this case has been delayed again.

The following transaction was entered on 8/3/2015 at 3:06 PM and filed on 8/3/2015

Case Name: Scocca et al v. Smith et al
Case Number: 3:11-cv-01318-EMC
Filer:
Document Number: 91

Docket Text:
STIPULATION AND ORDER re [90] STIPULATION WITH PROPOSED ORDER CONTINUING AUGUST 6, 2015 CASE MANAGEMENT CONFERENCE filed by Laurie Smith, County of Santa Clara Case Management Statement due by 12/3/2015. Further Case Management Conference set for 12/10/2015 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 8/3/15. (bpf, COURT STAFF) (Filed on 8/3/2015)

Update by Charles Nichols, President of California Right To Carry – June 16,  2015 – This occurred today:

The following transaction was entered on 6/16/2015 at 9:28 AM and filed on 6/16/2015

Case Name: Scocca et al v. Smith et al
Case Number: 3:11-cv-01318-EMC
Filer:
Document Number: 89(No document attached)

Docket Text:
AMENDED CLERK’S NOTICE resetting CMC to 8/6/15 at 10:30 a.m. Case Management Statement due by 7/30/2015. Further Case Management Conference set for 8/6/2015 10:30 AM in Courtroom 5, 17th Floor, San Francisco. (This is a text-only entry generated by the court. There is no document associated with this entry.)(bpf, COURT STAFF) (Filed on 6/16/2015)

Update by Charles Nichols, President of California Right To Carry – June 6,  2015 – This change occurred yesterday.

The following transaction was entered on 6/5/2015 at 1:36 PM and filed on 6/5/2015

Case Name: Scocca et al v. Smith et al
Case Number: 3:11-cv-01318-EMC
Filer:
Document Number: 88(No document attached)

Docket Text:
CLERK’S NOTICE. Further Case Management Conference reset from 6/18/2015 to 7/16/2015 10:30 AM in Courtroom 5, 17th Floor, San Francisco. Case Management Statement due by 7/9/2015. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bpf, COURT STAFF) (Filed on 6/5/2015)

 

Update by Charles Nichols, President of California Right To Carry – June 3,  2015 – If you guessed that this case would be pushed back again, you are not psychic:

Docket Text:
STIPULATION AND ORDER resetting cmc. Case Management Statement due by 7/30/2015. Further Case Management Conference set for 8/6/2015 10:30 AMin Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 6/3/15. (bpf, COURT STAFF) (Filed on 6/3/2015)

 

Update March 17, 2015 – To nobody’s surprise, the case management conference has been postponed again.

Docket Text:
STIPULATION AND ORDER re [84] Stipulation filed by Laurie Smith, County of Santa Clara Case Management Statement due by 6/11/2015. Further Case Management Conference set for 6/18/2015 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 3/17/15. (bpf, COURT STAFF) (Filed on 3/17/2015)

Update November 5, 2014 – It shouldn’t come as a surprise to anyone that this case has been pushed back again.

STIPULATION AND ORDER re [82] Stipulation filed by Laurie Smith, County of Santa Clara Case Management Statement due by 3/19/2015. Further Case Management Conference set for 3/26/2015 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 11/5/14. (bpf, COURT STAFF) (Filed on 11/5/2014)

Update October 3, 2014 – This case continues to be punted.  There hasn’t been any activity since August 18th and that involved postponing the case until November 13th.  There will undoubtedly be another postponement if Peruta is still stuck in the mud come early November.  

Update September 23, 2014 – This case continues to be punted.

STIPULATION AND ORDER re [80] STIPULATION CONTINUING SEPTEMBER 4, 2014 CASE MANAGEMENT CONFERENCE filed by Laurie Smith, County of Santa Clara. Case Management Statement due by 11/6/2014. Further Case Management Conference set for 11/13/2014 10:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward Chen on 8/15/2014. (knm, COURT STAFF) (Filed on 8/18/2014)

Update May 6, 2014 – The concealed carry case Scocca v. Smith is delayed again.  The case management conference has been postponed again until September 4th, 2014.  Apparently the court is waiting to see how the Peruta case plays out.

Update April 19, 2014 – The Case Management Conference (CMC) has been postponed until May 15th.  The Joint Case Management Statement is due by May 8, 2014. Dkt #77.

77
Filed & Entered:   03/21/2014
Docket Text Stipulation and Order

You will need a PACER account to access the individual filings from the Federal Court docket below.

3:11-cv-01318-EMC Scocca et al v. Smith et al
Edward M. Chen, presiding
Date filed: 03/18/2011
Date of last filing: 08/18/2014

History

 

Doc.
No.
Dates Description
81
Filed & Entered:   08/18/2014
Docket Text Stipulation and Order
80
Filed & Entered:   08/15/2014
Terminated: 08/18/2014
Docket Text Stipulation
79
Filed & Entered:   05/06/2014
Docket Text Stipulation and Order
78
Filed & Entered:   05/05/2014
Terminated: 05/06/2014
Docket Text Stipulation
77
Filed & Entered:   03/21/2014
Docket Text Stipulation and Order
76
Filed & Entered:   03/19/2014
Terminated: 03/21/2014
Docket Text Stipulation
75
Filed & Entered:   03/13/2014
Docket Text Clerk’s Notice
74
Filed & Entered:   03/11/2014
Docket Text Notice (Other)
73
Filed & Entered:   02/18/2014
Docket Text Notice (Other)
72
Filed & Entered:   01/30/2014
Docket Text Stipulation and Order
70
Filed & Entered:   01/29/2014
Docket Text Clerk’s Notice
71
Filed & Entered:   01/29/2014
Terminated: 01/30/2014
Docket Text Stipulation
69
Filed & Entered:   11/22/2013
Docket Text Stipulation and Order
68
Filed & Entered:   11/20/2013
Terminated: 11/22/2013
Docket Text Stipulation
67
Filed & Entered:   08/27/2013
Docket Text Stipulation and Order
66
Filed & Entered:   08/22/2013
Terminated: 08/27/2013
Docket Text Stipulation
65
Filed & Entered:   04/22/2013
Docket Text Stipulation and Order
64
Filed & Entered:   04/17/2013
Terminated: 04/22/2013
Docket Text Stipulation
63
Filed & Entered:   01/14/2013
Docket Text Stipulation and Order
62
Filed & Entered:   01/10/2013
Terminated: 01/14/2013
Docket Text Stipulation
61
Filed & Entered:   12/17/2012
Docket Text Order on Motion to Dismiss
60
Filed & Entered:   12/14/2012
Docket Text Statement of Recent Decision
58
Filed & Entered:   11/21/2012
Docket Text Brief
59
Filed & Entered:   11/21/2012
Docket Text Brief
57
Filed & Entered:   11/16/2012
Docket Text Motion Hearing
55
Filed & Entered:   11/13/2012
Docket Text Order
56
Filed & Entered:   11/13/2012
Docket Text Brief
53
Filed & Entered:   11/01/2012
Docket Text Order
54
Filed & Entered:   11/01/2012
Docket Text Clerk’s Notice
52
Filed & Entered:   10/30/2012
Docket Text Joint Case Management Statement
51
Filed & Entered:   10/22/2012
Docket Text Reply to Opposition/Response
50
Filed & Entered:   10/15/2012
Docket Text Opposition/Response to Motion
49
Filed & Entered:   09/26/2012
Docket Text Stipulation and Order
48
Filed & Entered:   09/25/2012
Terminated: 09/26/2012
Docket Text Stipulation
46
Filed & Entered:   09/17/2012
Docket Text Clerk’s Notice
47
Filed & Entered:   09/17/2012
Terminated: 12/17/2012
Docket Text Motion to Dismiss
45
Filed & Entered:   08/16/2012
Docket Text Stipulation and Order
44
Filed & Entered:   08/14/2012
Terminated: 08/16/2012
Docket Text Stipulation
43
Filed & Entered:   08/06/2012
Docket Text Amended Complaint
42
Filed & Entered:   07/09/2012
Docket Text Stipulation and Order
41
Filed & Entered:   07/06/2012
Docket Text Joint Case Management Statement
40
Filed & Entered:   06/22/2012
Docket Text Order on Motion to Dismiss
39
Filed & Entered:   06/12/2012
Docket Text Stipulation and Order
38
Filed & Entered:   06/06/2012
Terminated: 06/12/2012
Docket Text Stipulation
Filed & Entered:   02/14/2012
Docket Text Set/Reset Hearings
37
Filed & Entered:   02/14/2012
Docket Text Order Staying Case
36
Filed & Entered:   02/05/2012
Docket Text Statement of Recent Decision
35
Filed & Entered:   02/03/2012
Docket Text Response to Order to Show Cause
34
Filed & Entered:   01/30/2012
Docket Text Response to Order to Show Cause
33
Filed & Entered:   01/26/2012
Docket Text Order
32
Filed & Entered:   01/25/2012
Docket Text Joint Case Management Statement
31
Filed & Entered:   01/23/2012
Docket Text Order to Show Cause
30
Filed & Entered:   01/19/2012
Docket Text Notice (Other)
29
Filed & Entered:   01/10/2012
Docket Text Motion Hearing
28
Filed & Entered:   12/28/2011
Docket Text Statement
26
Filed & Entered:   12/01/2011
Docket Text Stipulation
27
Filed & Entered:   12/01/2011
Docket Text Stipulation and Order
25
Filed & Entered:   11/03/2011
Docket Text Case Management Scheduling Order
24
Filed & Entered:   10/18/2011
Docket Text Joint Case Management Statement
23
Filed & Entered:   10/11/2011
Docket Text Renotice motion hearing
21
Filed & Entered:   10/05/2011
Docket Text Case Management Scheduling Order
22
Filed & Entered:   10/05/2011
Docket Text Order
20
Filed & Entered:   09/27/2011
Docket Text Order Reassigning Case
19
Filed & Entered:   08/22/2011
Docket Text Clerk’s Notice
18
Filed & Entered:   08/10/2011
Docket Text Statement of Recent Decision
17
Filed & Entered:   08/05/2011
Docket Text Order
16
Filed & Entered:   07/29/2011
Docket Text Reply to Opposition/Response
15
Filed & Entered:   07/28/2011
Docket Text Stipulation
13
Filed & Entered:   07/22/2011
Docket Text Opposition/Response to Motion
14
Filed & Entered:   07/22/2011
Docket Text Request for Judicial Notice
12
Filed & Entered:   07/06/2011
Docket Text Stipulation and Order
11
Filed & Entered:   06/20/2011
Docket Text Stipulation
9
Filed & Entered:   05/27/2011
Terminated: 06/22/2012
Docket Text Motion to Dismiss
10
Filed & Entered:   05/27/2011
Docket Text Request for Judicial Notice
8
Filed & Entered:   05/23/2011
Docket Text Clerk’s Notice
7
Filed & Entered:   05/19/2011
Docket Text Order Reassigning Case
Filed & Entered:   05/18/2011
Docket Text Terminate Deadlines
6
Filed & Entered:   05/18/2011
Docket Text Clerk’s Notice of Impending Reassignment
5
Filed & Entered:   05/13/2011
Docket Text Declination to Proceed Before a U.S. Magistrate Judge
4
Filed & Entered:   04/18/2011
Docket Text Waiver of Service Executed
Filed: 03/18/2011
Entered: 03/21/2011
Docket Text Case Referred to ECF
1
Filed: 03/18/2011
Entered: 03/21/2011
Docket Text Complaint
2
Filed: 03/18/2011
Entered: 03/21/2011
Docket Text Summons Issued
3
Filed: 03/18/2011
Entered: 03/21/2011
Docket Text Initial Case Management Scheduling Order with ADR Deadlines

 

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