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

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

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Culp et al v. Madigan et al - Concealed Carry - (Illinois) 15-3738 - LOST

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SAF LOSES ITS PRELIMINARY INJUNCTION APPEAL – 10-20-2016

It has been 977 days since this case was filed!

It took 316 days from the day the notice of an appeal was filed to a published decision in the appeal.

It took just 28 days from oral arguments to a published decision.

 

Culp et al v. Madigan et al

Appellate Case No: 15-3738

Culp et al v. Madigan et al is yet another concealed carry lawsuit filed by the SAF/Alan Gottlieb seeking to enshrine a permit requirement before one can exercise his individual, fundamental, enumerated right.  This case involves non-residents seeking to carry concealed in Illinois but who do not live in the four states in which Illinois recognizes concealed carry permits.  As such, it is near the bottom of the cases I track and my updates will be infrequent.

In this case the SAF is arguing that there is a right to carry concealed based on the Moore v. Madigan decision.  The lawyer this time around is David Sigale who apparently missed the part in the Moore v. Madigan decision which said that Illinois could prohibit concealed carry as per the Heller decision.  It will be interesting to see how this case progresses. Knowing how much liberal lefties hate even the site of a gun, I don’t see the Illinois Attorney General arguing that the Second Amendment Right is to openly carry firearms.

On a side note I find it quite odd that this case, which is supposed to be randomly assigned, somehow was assigned to Judge Sue E. Myerscough, the same district court judge in Moore v. Madigan who upheld the Illinois laws at issue in that case.

None of the Plaintiffs are from California.

Many of the district court filings can be read here for free.  The Complaint.

Transcript information sheet due by 12/23/2015.

Appellant’s brief due on or before 01/28/2016. Motion and Corrected Brief and Appendix Filed on 01/28/2016

14 – Appellants Corrected Opening Brief – Filed on 01/29/2016.  This corrected brief replaces the defective original filed on 1/28/2016

ORDER re: Motion for leave to file corrected appellants’ brief and required short appendix. The motion is GRANTED. The clerk of this court shall file INSTANTER the electronically tendered corrected brief of the appellants. This brief replaces the brief filed on January 28, 2016. [12]. CMD [13] [6724758] [15-3738] (CR)

Appellee’s brief due on or before 6/24/2016.  Filed on 6/24/2016.  If you are wondering why so much time passed between the Opening and Answering briefs it is because the court of appeals granted the Appellees one extension after another.

Reply Brief due on or before 7/8/2016.  Filed on July 9, 2016.

This case is now fully briefed.

 

GottliebLosesAgain

 

Oral arguments took place on September 22, 2016, at 9:30 a.m. in the Main Courtroom, Room 2721 before William J. Bauer, Circuit Judge; Richard A. Posner, Circuit Judge and Daniel A. Manion, Circuit Judge. It did not go very well for the Plaintiffs-Appellants.




Update by Charles Nichols, President of California Right To Carry – October 31,  2016 – As the dissent pointed out, the outcome of this case on final judgment will be the same and so I am moving this page into the closed cases tab.

Update by Charles Nichols, President of California Right To Carry – October 20,  2016 – The Oral arguments should have been a clue that the SAF was going to lose its appeal and it did.  Here is the Decision Upholding the Denial of the Preliminary Injunction

Update by Charles Nichols, President of California Right To Carry – September 22,  2016 – Oral arguments took place today.  It did not go very well for the Plaintiffs-Appellants.

09/21/2016  36  Argument reset for Thursday, September 22, 2016 at 9:30 a.m. in the Main Courtroom, Room 2721. Each side limited to 20 minutes. [36] [6784205] [15-3738] (RS)
09/22/2016  37 Case heard and taken under advisement by panel: William J. Bauer, Circuit Judge; Richard A. Posner, Circuit Judge and Daniel A. Manion, Circuit Judge. [37] [6784724] [15-3738] (JO)
09/22/2016  38 Case argued by Mr. David G. Sigale for Appellants Kevin W. Culp, Marlow Davis, Freddie Reed-Davis, Douglas W. Zylstra and John S. Koller and Brett E. Legner for Appellees Lisa Madigan, Jessica Trame and Leo P. Schmitz. [38] [6784726] [15-3738] (JO)

Update by Charles Nichols, President of California Right To Carry – September 20,  2016 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – September 15,  2016 – New activity.

09/15/2016  35  Received argument confirmation from Brett Legner for Appellees Lisa Madigan, Leo P. Schmitz and Jessica Trame. [35] [6782804] [15-3738] (Legner, Brett)

Update by Charles Nichols, President of California Right To Carry – September 2,  2016 – New activity, but not much.

08/03/2016  33  Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney David G. Sigale for Appellants Kevin W. Culp, Marlow Davis, John S. Koller, Freddie Reed-Davis and Douglas W. Zylstra. Additional Parties: Steve Stevenson, Paul Heslin, Marlin Mangels, Jeanelle Westrom, Second Amendment Foundation, Inc., Illinois Carry, Illinois State Rifle Association. [33] [6772991] (L-Yes; E-Yes; R-No) [15-3738] (Sigale, David)
08/03/2016  34  Received argument confirmation from David G. Sigale for Appellants Kevin W. Culp, Marlow Davis, John S. Koller, Freddie Reed-Davis and Douglas W. Zylstra. [34] [6772992] [15-3738] (Sigale, David)

Update by Charles Nichols, President of California Right To Carry – July 30,  2016 – New activity.  Oral arguments scheduled for September 22, 2016, at 9:30 a.m. in the Main Courtroom, Room 2721.

07/21/2016  28  Brief deficiency letter sent to Appellants Kevin W. Culp, Marlow Davis, John S. Koller, Freddie Reed-Davis and Douglas W. Zylstra. The Appellant Reply brief was electronically filed on 07/11/2016. The paper copies of this brief were due to be submitted to the Clerk’s Office by 07/19/2016. The paper copies have not been received by this court. Paper copies due on 07/28/2016 or the court may issue a Rule of Show Cause order pursuant to Circuit Rule 31. [28] [6769139] [15-3738] (FI)
07/29/2016  29  Notice to the District Court to transmit the record on appeal. [29] [6771648] [15-3738] (RS)
07/29/2016  30  Argument set for Thursday, September 22, 2016, at 9:30 a.m. in the Main Courtroom, Room 2721. Each side limited to 25 minutes. [30] [6771689] [15-3738] (SK)
07/29/2016  31  Original record on appeal filed electronically. Contents of record : 1 vol. of pleadings. [31] [6771753] [15-3738] (GW)
07/29/2016  32 Filed electronic transcript of proceedings held on 10/16/15. [32] [6771754] THIS TRANSCRIPT IS FOR INTERNAL COURT USE ONLY. Remote electronic access to the transcript is ONLY available through the District Court’s PACER system. [15-3738] (GW)

Update by Charles Nichols, President of California Right To Carry – July 13,  2016 – The Reply Brief has been filed, albeit late.  This case is now fully briefed.

05/19/2016  21  Motion filed by Appellees Lisa Madigan, Leo P. Schmitz and Jessica Trame to extend time to file appellee brief. [21] [6751635] [15-3738] (Legner, Brett)
05/19/2016  22  Order issued GRANTING defendants-appellees’ motion for extension of time to file brief. [21] Appellees’ brief due on or before 06/24/2016 for Lisa Madigan, Leo P. Schmitz and Jessica Trame. Appellants’ reply brief, if any, is due on or before 07/08/2016 for Appellants Kevin W. Culp, Marlow Davis, John S. Koller, Freddie Reed-Davis and Douglas W. Zylstra. Further extensions of time will not be allowed, except in extraordinary circumstances. CMD [22] [6751729] [15-3738]–[Edited 05/19/2016 by VG – replaced form to reflect additional language] (VG)
06/24/2016  23  Submitted appellee brief by Brett E. Legner for Appellees Lisa Madigan, Leo P. Schmitz and Jessica Trame. [23] [6761774] [15-3738] (Legner, Brett)
06/24/2016  24  Appellee’s brief filed by Appellees Lisa Madigan, Leo P. Schmitz and Jessica Trame. Paper copies due on 07/01/2016 Electronically Transmitted. [24] [6761815] [15-3738] (SK)
07/09/2016  25  Motion filed by Appellants Kevin W. Culp, Marlow Davis, John S. Koller, Freddie Reed-Davis and Douglas W. Zylstra to file Appellants’ Reply Brief. [25] [6765708] [15-3738] (Sigale, David)
07/11/2016  26  Instanter Order re: Motion for Leave to File Appellants’ Reply Brief. [25] The motion is GRANTED. The clerk of this court shall file INSTANTER the electronically submitted Appellants’ reply brief. CMD [26] [6765986] [15-3738] (MM)
07/11/2016  27  Appellant’s reply brief filed by Appellants Kevin W. Culp, Marlow Davis, John S. Koller, Freddie Reed-Davis and Douglas W. Zylstra, per order. Paper copies due on 07/19/2016 Electronically Transmitted. [27] [6766482] [15-3738] (SK)

Update by Charles Nichols, President of California Right To Carry – June 25,  2016 – The corrected Appellant Opening Brief and the Answering Brief have been uploaded above the fold.  As of yesterday, there is no request for an extension of time to file the Reply Brief.  The state cited the (limited) en banc decision in Peruta v. San Diego in its Answering brief as well as the 10th Circuit decision in Peterson v. Martinez which also held that there is no right to carry a weapon concealed in public.  Given that Illinois has banned Open Carry and the plaintiffs do not seek to openly carry firearms (The SAF position is that Open Carry can be banned) the attorneys can’t argue that this is a “carry case.”  This is a concealed carry lawsuit.

Update by Charles Nichols, President of California Right To Carry – May 11,  2016 – The motion to extend time was granted.

05/02/2016  20  Order issued GRANTING motion to extend time to file appellee’s brief [19] Appellee’s brief due on or before 05/27/2016 for Lisa Madigan, Leo P. Schmitz and Jessica Trame. Appellant’s reply brief, if any, is due on or before 06/10/2016 for Appellants Kevin W. Culp, Marlow Davis, John S. Koller, Freddie Reed-Davis and Douglas W. Zylstra. CMD [20] [6746921] [15-3738] (FP)

Update by Charles Nichols, President of California Right To Carry – April 29,  2016 – The Appellees were supposed to file their brief today.  Instead they filed a motion to extend time to file their brief.

04/29/2016  19  Motion filed by Appellees Lisa Madigan, Leo P. Schmitz and Jessica Trame to extend time to file appellee brief. [19] [6746783] [15-3738] (Legner, Brett)

Update by Charles Nichols, President of California Right To Carry – April 16,  2016 – A new briefing schedule.

03/30/2016  17  Motion filed by Appellees Lisa Madigan, Leo P. Schmitz and Jessica Trame to extend time to file appellee brief. [17] [6739582] [15-3738] (Legner, Brett)
03/31/2016  18  Order issued GRANTING motion to extend time to file appellees’ brief [17] Appellee’s brief due on or before 04/29/2016 for Lisa Madigan, Leo P. Schmitz and Jessica Trame. Appellant’s reply brief, if any, is due on or before 05/13/2016 for Appellants Kevin W. Culp, Marlow Davis, John S. Koller, Freddie Reed-Davis and Douglas W. Zylstra. Because the court’s docket is current, briefing is expected to proceed as scheduled. CMD [18] [6739672] [15-3738] (AD)

Update by Charles Nichols, President of California Right To Carry – March 11,  2016 – Some activity.

03/02/2016  16  Order issued GRANTING motion to extend time to file appellee’s brief. [15] Appellee’s brief due on or before 03/30/2016 for Lisa Madigan, Leo P. Schmitz and Jessica Trame. Appellant’s reply brief, if any, is due on or before 04/13/2016 for Appellants Kevin W. Culp, Marlow Davis, John S. Koller, Freddie Reed-Davis and Douglas W. Zylstra. CMD [16] [6732698] [15-3738] (FP)

Update by Charles Nichols, President of California Right To Carry – February 29,  2016 – Some activity.

01/29/2016  14  CORRECTED Appellant’s brief filed by Appellants Kevin W. Culp, Marlow Davis, John S. Koller, Freddie Reed-Davis and Douglas W. Zylstra. Per order. Paper copies due on 02/08/2016. Electronically Transmitted. [14] [6724937] [15-3738] (GW)
02/29/2016  15  Motion filed by Appellees Lisa Madigan, Leo P. Schmitz and Jessica Trame to extend time to file appellee brief. [15] [6732163] [15-3738] (Legner, Brett)

Update by Charles Nichols, President of California Right To Carry – January 29,  2016 – The Corrected Brief and Appendix was filed:

01/26/2016  7  Appearance form filed by Attorney Brett Legner for Appellees Lisa Madigan, Leo P. Schmitz and Jessica Trame. [7] [6723837] (L-Yes; E-Yes; R-Yes) [15-3738]–[Edited 01/27/2016 by FP to reflect that atty. Hughes is termed and atty. Legner is added to the docket. ] (Legner, Brett)
01/28/2016  8  Submitted appellant brief by David G. Sigale for Appellants Kevin W. Culp, Marlow Davis, John S. Koller, Freddie Reed-Davis and Douglas W. Zylstra. [8] [6724590] [15-3738] (Sigale, David)
01/28/2016  9  Submitted Appendix by David G. Sigale for Appellants Kevin W. Culp, Marlow Davis, John S. Koller, Freddie Reed-Davis and Douglas W. Zylstra. [9] [6724591] [15-3738] (Sigale, David)
01/28/2016  10  Appellant’s brief filed by Appellants Kevin W. Culp, Marlow Davis, John S. Koller, Freddie Reed-Davis and Douglas W. Zylstra. Paper copies due on 02/05/2016 Electronically Transmitted. [10] [6724600] [15-3738]–[Edited 01/29/2016 by CR to reflect REPLACED per the court’s 1/29/2016 order] (NR)
01/28/2016  11  Filed Appendix by Appellants Kevin W. Culp, Marlow Davis, John S. Koller, Freddie Reed-Davis and Douglas W. Zylstra. [11] [6724601] Paper copies due on 02/05/2016 Electronically Transmitted. [15-3738] (NR)
01/29/2016  12  Motion filed by Appellants Kevin W. Culp, Marlow Davis, John S. Koller, Freddie Reed-Davis and Douglas W. Zylstra to file Corrected Appellants’ Brief and Required Short Appendix. [12] [6724686] [15-3738] (Sigale, David)
01/29/2016  13  ORDER re: Motion for leave to file corrected appellants’ brief and required short appendix. The motion is GRANTED. The clerk of this court shall file INSTANTER the electronically tendered corrected brief of the appellants. This brief replaces the brief filed on January 28, 2016. [12]. CMD [13] [6724758] [15-3738] (CR)

Update by Charles Nichols, President of California Right To Carry – January 21,  2016 – The lawyer for the plaintiffs screwed up his opening brief big time.  The court has given him til the 28th to fix it.

01/20/2016  6 
2 pg, 117.78 KB
ORDER re: Motion for leave to file appellants’ brief. [5] Because the tendered brief is procedurally deficient, IT IS ORDERED that the motion is DENIED. Counsel for the appellants shall file an opening brief that complies with the Federal Rules of Appellate Procedure and local Circuit Rules by January 28, 2016. Specifically, the brief must include a short appendix as required by Circuit Rule 30(a), as well as the certification required by Circuit Rule 31(d). Also, the appellants’ brief must contain “a concise statement of the case; setting out the facts relevant to the issues submitted for review, describing the relevant procedural history, and identifying the rulings presented for review, with appropriate references to the record (see Rule 28(e)).” The brief must not contain both a separate Statement of the Case and Statement of Facts, which is no longer permitted. Finally, the brief must include a certificate of service. IT IS FURTHER ORDERED that briefing will proceed as follows: Appellants’ brief due on or before 01/28/2016 for Kevin W. Culp, Marlow Davis, John S. Koller, Freddie Reed-Davis and Douglas W. Zylstra. Appellees’ brief due on or before 02/29/2016 for Lisa Madigan, Leo P. Schmitz and Jessica Trame. Appellants’ reply brief, if any, is due on or before 03/14/2016 for Appellants Kevin W. Culp, Marlow Davis, John S. Koller, Freddie Reed-Davis and Douglas W. Zylstra. CMD [6] [6722587] [15-3738] (AP)

Update by Charles Nichols, President of California Right To Carry – December 11,  2015 – The motion for a preliminary injunction was denied on December 7th.  The denial can be found here.  The appeal was filed on December 10th.  The motion by the Defendants for Summary Judgment was denied as moot on December 9th and the district court stayed the district court proceedings on its own (sua sponte).  In short, the district court judge has punted the decision into the hands of the court of appeals.  Thanks go to the admin of morsel.info for alerting me to these developments and for correcting me in that it was the Defendants, not the Plaintiffs, who had filed for summary judgment.  There are now two likely outcomes: 1) the court of appeals grant the preliminary injunction and the district court issues a judgment for the Plaintiffs (after they file for Summary Judgment) at which point the Defendants will likely file an appeal or 2) the court of appeals denies the preliminary injunction and the district court issues a judgment for the Defendants (after they file a motion for Summary Judgment or Judgment on the Pleadings) at which point the Plaintiffs will file an appeal.  There are other possibilities such as the court of appeals kicking the case back to the district court for further proceedings, such as a trial.

Full docket text:
TEXT ORDER: Plaintiffs have appealed this Court’s denial of the Motion for Preliminary Injunction. See Notice of Appeal [30]. An appeal of an interlocutory decision “does not divest a district court of jurisdiction or prevent the court ‘from finishing its work and rendering a final decision.'” Staffa v. Pollard, 597 F. App’x 893, 895 (7th Cir. 2015) (unpublished decision) (quoting Wis. Mut. Ins. Co. v United States, 441 F.3d 502, 504 (7th Cir. 2006)). However, in light of the current state of the law concerning the Second Amendment, and the fact that the Seventh Circuit decision on the preliminary injunction will be extremely beneficial to the ultimate resolution of this case, the Court sua sponte stays these proceedings. See, e.g., Jackson v. Van Kampen Series Fund, Inc., No. 06-cv-944-DRH, 2007 WL 1532090, at *2 (S.D. Ill. May 24, 2007) (discussing the court’s inherent authority to stay proceedings sua sponte). Defendants’ pending Motion for Summary Judgment [27] is DENIED AS MOOT with leave to refile after the interlocutory appeal is decided. Entered by Judge Sue E. Myerscough on 12/9/2015. (ME, ilcd)

Doc.
No.
Dates Description
32
Filed & Entered:   12/10/2015
Docket Text USCA Notice of Docketing ROA
Filed & Entered:   12/09/2015
Docket Text Order on Motion for Summary Judgment
31
Filed & Entered:   12/09/2015
Docket Text Short Record of Appeal Sent to USCA
30
Filed & Entered:   12/08/2015
Docket Text Notice of Appeal
29
Filed: 12/04/2015
Entered: 12/07/2015
Docket Text Order on Motion for Preliminary Injunction
27
Filed & Entered:   11/23/2015
Terminated: 12/09/2015
Docket Text Motion for Summary Judgment

 

General Docket
Seventh Circuit Court of Appeals
Court of Appeals Docket #: 15-3738 Docketed: 12/09/2015
Nature of Suit: 3440 Other Civil Rights
Kevin Culp, et al v. Lisa Madigan, et al
Appeal From: Central District of Illinois
Fee Status: Paid
Case Type Information:
     1) civil
     2) private
     3)
Originating Court Information:
     District: 0753-3 : 3:14-cv-03320-SEM-TSH
     Trial Judge: Sue E. Myerscough, District Court Judge
     Date Filed: 10/22/2014
     Date Order/Judgment:      Date NOA Filed:
     12/04/2015      12/08/2015

12/09/2015  1  Private civil case docketed. Fee paid. Docketing Statement due for Appellants Kevin W. Culp, Marlow Davis, John S. Koller, Freddie Reed-Davis and Douglas W. Zylstra by 12/15/2015. Transcript information sheet due by 12/23/2015. Appellant’s brief due on or before 01/19/2016 for Kevin W. Culp, Marlow Davis, John S. Koller, Freddie Reed-Davis and Douglas W. Zylstra. [1] [6713722] [15-3738] (AP)
12/09/2015  2 THIS CAUSE CONSISTS OF MORE THAN 5 PARTIES FOR EITHER SIDE. The following are those parties to this cause as reflected on the District Court docket, yet are not reflected on the Appellate docket/caption for administrative purposes: APPELLANTS: Steve Stevenson, Paul Heslin, Marlin Mangels, Jeanelle Westrom, Second Amendment Foundation, Inc., Illinois Carry and Illinois State Rifle Association. [2] [6713726] [15-3738] (AP)

Update by Charles Nichols, President of California Right To Carry – November 30,  2015 – The Defense has now filed for Summary Judgment, a granting of which would moot the motion for a preliminary injunction as well as any appeal of the denial/granting of the preliminary injunction.  The Defense should have filed a motion to stay the district court proceedings.

Doc.
No.
Dates Description
27
Filed & Entered:   11/23/2015
Docket Text Motion for Summary Judgment
28
Filed & Entered:   11/23/2015
Docket Text Memorandum in Support of Motion
Filed & Entered:   10/26/2015
Docket Text Status Conference
Filed: 10/16/2015
Entered: 10/19/2015
Docket Text Order on Motion for Preliminary Injunction

Update October 29, 2015 – The preliminary injunction hearing took place, the motion for a preliminary injunction has been taken under advisement, the status conference was held.

Full docket text:
Minute Entry for proceedings held before Judge Sue E. Myerscough: MOTION HEARING as to Motion for Preliminary Injunction [17] held on 10/16/2015. Attorney David Sigale present in person on behalf of Plaintiffs. Plaintiffs Culp and Valinda Rowe, representative of IL Carry, present in person. Assistant IL Attorney General Joshua Ratz person in person on behalf of Defendants. Positions and arguments presented by counsel. Court took matter under advisement with written ruling to enter. Hearing adjourned. (Court Reporter KS.) (DM, ilcd)

Doc.
No.
Dates Description
Filed & Entered:   10/26/2015
Docket Text Status Conference
Filed: 10/16/2015
Entered: 10/19/2015
Docket Text Order on Motion for Preliminary Injunction

Update October 17, 2015 – There was supposed to have been a hearing on the motion for a preliminary injunction yesterday but it is not reflected on the Federal court docket.  The Federal docket has not been updated since September 14th (see September 17th update below).

Update September 17, 2015 – One of the plaintiffs bailed out on September 14th and the preliminary injunction hearing has been rescheduled to October 16, 2015.

Full docket text:
TEXT ORDER: Plaintiff Gus C. Browne, II, has filed a Federal Rule of Civil Procedure 41(a)(1)(A) Agreed Motion to Voluntarily Dismiss [26]. The parties also filed a Federal Rule of Civil Procedure 41(a)(1)(A)(ii) Stipulation to Dismiss Plaintiff Gus C. Browne, II [26-1]. The Motion [26] is GRANTED. Plaintiff Gus C. Browne, II, is DISMISSED as a party to this case. The remainder of the Plaintiffs and their claims in this suit shall proceed unaffected. Entered by Judge Sue E. Myerscough on 9/14/2015. (GL, ilcd)

Full docket text:
TEXT ORDER: Plaintiffs’ Motion to Continue Hearing on Motion for Preliminary Injunction [25], to which Defendants do not object, is GRANTED. The hearing scheduled for October 8, 2015, at 9:30 a.m. is VACATED and RESET to October 16, 2015 at 10:30 a.m. Entered by Judge Sue E. Myerscough on 9/14/2015. (GL, ilcd)

Update September 6, 2015 – The plaintiffs filed a motion for a preliminary injunction.

Update April 17, 2015 – The docket has been updated at the bottom of the page.  The scheduling order indicates that this is going to be another long case.  Hence, I am unlikely to provide any future updates until we have a decision.

Full docket text for document 16:
SCHEDULING ORDER entered by U.S. Magistrate Judge Tom Schanzle-Haskins. TIME LIMITS AND SETTINGS ARE ORDERED AS FOLLOWS: Initial Disclosures due by 4/16/2015; Amended Pleadings / Joinder of Parties due by 4/27/2015; Fact Discovery due by 6/24/2015; Plaintiff`s Expert Disclosure due by 7/24/2015; Defendant`s Expert Disclosure due by 9/22/2015; Expert Discovery due by 10/22/2015; Dispositive Motions due by 11/23/2015. Final Pretrial Conference set 2/29/2016 at 2:00 PM in Courtroom 1 in Springfield before U.S. District Judge Sue E. Myerscough. Bench Trial set 3/15/2016 at 9:00 AM before Judge Myerscough. Telephonic Status Conference set Monday, 10/26/2015, at 2:00 PM (court will place call) before U.S. Magistrate Judge Tom Schanzle-Haskins. See written order. (Attachments: # (1) Mediation Memo, # (2) Courtroom Technology Brochure) (LB, ilcd)

Update February 20, 2015 – A hearing has been set.

Full docket text:
NOTICE OF HEARING: Rule 16 Scheduling Conference set Thursday, 3/26/2015, at 11:00 AM by telephone (court will place call) before U.S. Magistrate Judge Tom Schanzle-Haskins. Attorneys are directed to comply with Federal Rule of Civil Procedure 26(f) by meeting as soon as practicable, and in any event at least fourteen (14) days prior to the scheduling conference, and are to submit a proposed discovery plan in writing to the Court on or before 3/24/2015. Such a plan must include, at a minimum, those items listed in CDIL-LR 26.2(3), Rule 16(b), Rule 26(f), and CDIL-LR 16.2(E) with proposed deadlines. The parties are directed to specifically address the provisions, if any, for discovery or disclosure of electronically stored information, and to discuss agreements, if any, the parties reach for asserting claims of privilege or of protection as trial preparation material, after inadvertent production. Any plan filed shall specifically address the need, or lack thereof, concerning discovery of electronically stored information. If a discovery plan is not submitted as required, the scheduling hearing will not be held and costs may be assessed. Lead counsel or other counsel of record with knowledge of the case should be available to participate in the Rule 16 scheduling hearing. (LB, ilcd)




The Federal Appellate Court Docket is Below.  You will need a Federal PACER Account to Access the Individual Filings from the Docket.

General Docket
Seventh Circuit Court of Appeals
Court of Appeals Docket #: 15-3738 Docketed: 12/09/2015
Nature of Suit: 3440 Other Civil Rights
Kevin Culp, et al v. Lisa Madigan, et al
Appeal From: Central District of Illinois
Fee Status: Paid
Case Type Information:
     1) civil
     2) private
     3)
Originating Court Information:
     District: 0753-3 : 3:14-cv-03320-SEM-TSH
     Trial Judge: Sue E. Myerscough, District Court Judge
     Date Filed: 10/22/2014
     Date Order/Judgment:      Date NOA Filed:
     12/04/2015      12/08/2015
Prior Cases:
     None
Current Cases:
     None

 

KEVIN W. CULP
Plaintiff – Appellant
David G. Sigale, Attorney
Direct: 630-452-4547
[COR LD NTC Retained]
Suite 304
739 Roosevelt Road
Glen Ellyn, IL 60137
MARLOW DAVIS
Plaintiff – Appellant
David G. Sigale, Attorney
Direct: 630-452-4547
[COR LD NTC Retained]
(see above)
FREDDIE REED-DAVIS
Plaintiff – Appellant
David G. Sigale, Attorney
Direct: 630-452-4547
[COR LD NTC Retained]
(see above)
DOUGLAS W. ZYLSTRA
Plaintiff – Appellant
David G. Sigale, Attorney
Direct: 630-452-4547
[COR LD NTC Retained]
(see above)
JOHN S. KOLLER
Plaintiff – Appellant
David G. Sigale, Attorney
Direct: 630-452-4547
[COR LD NTC Retained]
(see above)
v.
LISA MADIGAN, in her Official capacity as Attorney General of the State of Illinois
Defendant – Appellee
Brett E. Legner, Attorney
Direct: 312-814-3312
[COR LD NTC Government State]
OFFICE OF THE ATTORNEY GENERAL
Civil Appeals Division
100 W. Randolph Street
State of Illinois Center
Chicago, IL 60601-0000
JESSICA TRAME, as Bureau Chief of the Illinois State Police Firearms Services Bureau
Defendant – Appellee
Brett E. Legner, Attorney
Direct: 312-814-3312
[COR LD NTC Government State]
(see above)
LEO P. SCHMITZ, in his official capacity as Director of the Illinois State Police
Defendant – Appellee
Brett E. Legner, Attorney
Direct: 312-814-3312
[COR LD NTC Government State]
(see above)

KEVIN W. CULP, et al.,
Plaintiffs – Appellantsv.LISA MADIGAN, in her Official capacity as Attorney General of the State of Illinois, et al.,
Defendants – Appellees

12/09/2015  1 
78 pg, 473.9 KB
Private civil case docketed. Fee paid. Docketing Statement due for Appellants Kevin W. Culp, Marlow Davis, John S. Koller, Freddie Reed-Davis and Douglas W. Zylstra by 12/15/2015. Transcript information sheet due by 12/23/2015. Appellant’s brief due on or before 01/19/2016 for Kevin W. Culp, Marlow Davis, John S. Koller, Freddie Reed-Davis and Douglas W. Zylstra. [1] [6713722] [15-3738] (AP)
12/09/2015  2 THIS CAUSE CONSISTS OF MORE THAN 5 PARTIES FOR EITHER SIDE. The following are those parties to this cause as reflected on the District Court docket, yet are not reflected on the Appellate docket/caption for administrative purposes: APPELLANTS: Steve Stevenson, Paul Heslin, Marlin Mangels, Jeanelle Westrom, Second Amendment Foundation, Inc., Illinois Carry and Illinois State Rifle Association. [2] [6713726] [15-3738] (AP)
12/15/2015  3 
5 pg, 715.98 KB
Docketing Statement filed by Appellants Kevin W. Culp, Marlow Davis, John S. Koller, Freddie Reed-Davis and Douglas W. Zylstra. Prior or Related proceedings: No. [3] [6715043] [15-3738] (Sigale, David)
01/11/2016  4 
1 pg, 478.98 KB
Filed Seventh Circuit Transcript Information Sheet by Appellants Kevin W. Culp, Marlow Davis, John S. Koller, Freddie Reed-Davis and Douglas W. Zylstra. [4] [6720343] [15-3738] (AP)
01/20/2016  5 
3 pg, 618.54 KB
Motion filed by Appellants Kevin W. Culp, Marlow Davis, John S. Koller, Freddie Reed-Davis and Douglas W. Zylstra to file Appellants’ Brief and Separate Appendix. [5] [6722314] [15-3738] (Sigale, David)
01/20/2016  6 
2 pg, 117.78 KB
ORDER re: Motion for leave to file appellants’ brief. [5] Because the tendered brief is procedurally deficient, IT IS ORDERED that the motion is DENIED. Counsel for the appellants shall file an opening brief that complies with the Federal Rules of Appellate Procedure and local Circuit Rules by January 28, 2016. Specifically, the brief must include a short appendix as required by Circuit Rule 30(a), as well as the certification required by Circuit Rule 31(d). Also, the appellants’ brief must contain “a concise statement of the case; setting out the facts relevant to the issues submitted for review, describing the relevant procedural history, and identifying the rulings presented for review, with appropriate references to the record (see Rule 28(e)).” The brief must not contain both a separate Statement of the Case and Statement of Facts, which is no longer permitted. Finally, the brief must include a certificate of service. IT IS FURTHER ORDERED that briefing will proceed as follows: Appellants’ brief due on or before 01/28/2016 for Kevin W. Culp, Marlow Davis, John S. Koller, Freddie Reed-Davis and Douglas W. Zylstra. Appellees’ brief due on or before 02/29/2016 for Lisa Madigan, Leo P. Schmitz and Jessica Trame. Appellants’ reply brief, if any, is due on or before 03/14/2016 for Appellants Kevin W. Culp, Marlow Davis, John S. Koller, Freddie Reed-Davis and Douglas W. Zylstra. CMD [6] [6722587] [15-3738] (AP)
01/26/2016  7 
2 pg, 463.53 KB
Appearance form filed by Attorney Brett Legner for Appellees Lisa Madigan, Leo P. Schmitz and Jessica Trame. [7] [6723837] (L-Yes; E-Yes; R-Yes) [15-3738]–[Edited 01/27/2016 by FP to reflect that atty. Hughes is termed and atty. Legner is added to the docket. ] (Legner, Brett)
01/28/2016  8 
136 pg, 639.09 KB
Submitted appellant brief by David G. Sigale for Appellants Kevin W. Culp, Marlow Davis, John S. Koller, Freddie Reed-Davis and Douglas W. Zylstra. [8] [6724590] [15-3738] (Sigale, David)
01/28/2016  9 
223 pg, 31.64 MB
Submitted Appendix by David G. Sigale for Appellants Kevin W. Culp, Marlow Davis, John S. Koller, Freddie Reed-Davis and Douglas W. Zylstra. [9] [6724591] [15-3738] (Sigale, David)
01/28/2016  10 
136 pg, 639.79 KB
Appellant’s brief filed by Appellants Kevin W. Culp, Marlow Davis, John S. Koller, Freddie Reed-Davis and Douglas W. Zylstra. Paper copies due on 02/05/2016 Electronically Transmitted. [10] [6724600] [15-3738]–[Edited 01/29/2016 by CR to reflect REPLACED per the court’s 1/29/2016 order] (NR)
01/28/2016  11 
223 pg, 11.98 MB
Filed Appendix by Appellants Kevin W. Culp, Marlow Davis, John S. Koller, Freddie Reed-Davis and Douglas W. Zylstra. [11] [6724601] Paper copies due on 02/05/2016 Electronically Transmitted. [15-3738] (NR)
01/29/2016  12 
141 pg, 719.86 KB
Motion filed by Appellants Kevin W. Culp, Marlow Davis, John S. Koller, Freddie Reed-Davis and Douglas W. Zylstra to file Corrected Appellants’ Brief and Required Short Appendix. [12] [6724686] [15-3738] (Sigale, David)
01/29/2016  13 
1 pg, 97.97 KB
ORDER re: Motion for leave to file corrected appellants’ brief and required short appendix. The motion is GRANTED. The clerk of this court shall file INSTANTER the electronically tendered corrected brief of the appellants. This brief replaces the brief filed on January 28, 2016. [12]. CMD [13] [6724758] [15-3738] (CR)
01/29/2016  14 
137 pg, 567.85 KB
CORRECTED Appellant’s brief filed by Appellants Kevin W. Culp, Marlow Davis, John S. Koller, Freddie Reed-Davis and Douglas W. Zylstra. Per order. Paper copies due on 02/08/2016. Electronically Transmitted. [14] [6724937] [15-3738] (GW)
02/29/2016  15 
4 pg, 233.69 KB
Motion filed by Appellees Lisa Madigan, Leo P. Schmitz and Jessica Trame to extend time to file appellee brief. [15] [6732163] [15-3738] (Legner, Brett)
03/02/2016  16 
1 pg, 97.79 KB
Order issued GRANTING motion to extend time to file appellee’s brief. [15] Appellee’s brief due on or before 03/30/2016 for Lisa Madigan, Leo P. Schmitz and Jessica Trame. Appellant’s reply brief, if any, is due on or before 04/13/2016 for Appellants Kevin W. Culp, Marlow Davis, John S. Koller, Freddie Reed-Davis and Douglas W. Zylstra. CMD [16] [6732698] [15-3738] (FP)
03/30/2016  17 
4 pg, 234.84 KB
Motion filed by Appellees Lisa Madigan, Leo P. Schmitz and Jessica Trame to extend time to file appellee brief. [17] [6739582] [15-3738] (Legner, Brett)
03/31/2016  18 
1 pg, 863.75 KB
Order issued GRANTING motion to extend time to file appellees’ brief [17] Appellee’s brief due on or before 04/29/2016 for Lisa Madigan, Leo P. Schmitz and Jessica Trame. Appellant’s reply brief, if any, is due on or before 05/13/2016 for Appellants Kevin W. Culp, Marlow Davis, John S. Koller, Freddie Reed-Davis and Douglas W. Zylstra. Because the court’s docket is current, briefing is expected to proceed as scheduled. CMD [18] [6739672] [15-3738] (AD)
04/29/2016  19 
4 pg, 235.02 KB
Motion filed by Appellees Lisa Madigan, Leo P. Schmitz and Jessica Trame to extend time to file appellee brief. [19] [6746783] [15-3738] (Legner, Brett)
05/02/2016  20 
1 pg, 96.58 KB
Order issued GRANTING motion to extend time to file appellee’s brief [19] Appellee’s brief due on or before 05/27/2016 for Lisa Madigan, Leo P. Schmitz and Jessica Trame. Appellant’s reply brief, if any, is due on or before 06/10/2016 for Appellants Kevin W. Culp, Marlow Davis, John S. Koller, Freddie Reed-Davis and Douglas W. Zylstra. CMD [20] [6746921] [15-3738] (FP)
05/19/2016  21 
4 pg, 234.6 KB
Motion filed by Appellees Lisa Madigan, Leo P. Schmitz and Jessica Trame to extend time to file appellee brief. [21] [6751635] [15-3738] (Legner, Brett)
05/19/2016  22 
1 pg, 148.1 KB
Order issued GRANTING defendants-appellees’ motion for extension of time to file brief. [21] Appellees’ brief due on or before 06/24/2016 for Lisa Madigan, Leo P. Schmitz and Jessica Trame. Appellants’ reply brief, if any, is due on or before 07/08/2016 for Appellants Kevin W. Culp, Marlow Davis, John S. Koller, Freddie Reed-Davis and Douglas W. Zylstra. Further extensions of time will not be allowed, except in extraordinary circumstances. CMD [22] [6751729] [15-3738]–[Edited 05/19/2016 by VG – replaced form to reflect additional language] (VG)
06/24/2016  23 
45 pg, 306.26 KB
Submitted appellee brief by Brett E. Legner for Appellees Lisa Madigan, Leo P. Schmitz and Jessica Trame. [23] [6761774] [15-3738] (Legner, Brett)
06/24/2016  24 
45 pg, 306.34 KB
Appellee’s brief filed by Appellees Lisa Madigan, Leo P. Schmitz and Jessica Trame. Paper copies due on 07/01/2016 Electronically Transmitted. [24] [6761815] [15-3738] (SK)



 

 

The Federal District Court Docket is Below.  You will need a Federal PACER Account to Access the Individual Filings from the Docket.

3:14-cv-03320-SEM-TSH Culp et al v. Madigan et al
Sue E. Myerscough, presiding
Tom Schanzle-Haskins, referral
Date filed: 10/22/2014
Date of last filing: 12/10/2015
 

History

 

Doc.
No.
Dates Description
32
Filed & Entered:   12/10/2015
Docket Text USCA Notice of Docketing ROA
Filed & Entered:   12/09/2015
Docket Text Order on Motion for Summary Judgment
31
Filed & Entered:   12/09/2015
Docket Text Short Record of Appeal Sent to USCA
30
Filed & Entered:   12/08/2015
Docket Text Notice of Appeal
29
Filed: 12/04/2015
Entered: 12/07/2015
Docket Text Order on Motion for Preliminary Injunction
27
Filed & Entered:   11/23/2015
Terminated: 12/09/2015
Docket Text Motion for Summary Judgment
28
Filed & Entered:   11/23/2015
Docket Text Memorandum in Support of Motion
Filed & Entered:   10/26/2015
Docket Text Status Conference
Filed: 10/16/2015
Entered: 10/19/2015
Docket Text Order on Motion for Preliminary Injunction
Filed & Entered:   09/14/2015
Docket Text Order on Motion to Dismiss
Filed & Entered:   09/14/2015
Docket Text Order on Motion to Continue
25
Filed & Entered:   09/11/2015
Terminated: 09/14/2015
Docket Text Motion to Continue
26
Filed & Entered:   09/11/2015
Terminated: 09/14/2015
Docket Text Motion to Dismiss
Filed & Entered:   09/08/2015
Docket Text Order
Filed & Entered:   09/02/2015
Docket Text Order on Motion for Leave to File
24
Filed & Entered:   09/02/2015
Docket Text Objection
23
Filed & Entered:   08/31/2015
Terminated: 09/02/2015
Docket Text Motion for Leave to File
Filed & Entered:   08/20/2015
Docket Text Order on Motion for Extension of Time to File Response/Reply
22
Filed & Entered:   08/20/2015
Terminated: 08/20/2015
Docket Text Motion for Extension of Time to File Response/Reply
20
Filed & Entered:   08/07/2015
Docket Text Memorandum in Support of Motion
21
Filed & Entered:   08/07/2015
Docket Text Exhibit
19
Filed & Entered:   08/06/2015
Docket Text Exhibit
17
Filed & Entered:   08/05/2015
Terminated: 12/04/2015
Docket Text Motion for Preliminary Injunction
18
Filed & Entered:   08/05/2015
Docket Text Memorandum in Support of Motion
15
Filed & Entered:   03/26/2015
Docket Text Scheduling Conference
16
Filed: 03/26/2015
Entered: 03/27/2015
Docket Text Scheduling Order
14
Filed & Entered:   03/24/2015
Docket Text Status Report
Filed & Entered:   02/13/2015
Docket Text Notice of Hearing
13
Filed & Entered:   02/11/2015
Docket Text Answer to Complaint
Filed & Entered:   01/29/2015
Docket Text Order on Motion for Extension of Time to File
12
Filed & Entered:   01/28/2015
Terminated: 01/29/2015
Docket Text Motion for Extension of Time to File
Filed & Entered:   12/29/2014
Docket Text Order on Motion for Extension of Time to File
11
Filed & Entered:   12/29/2014
Terminated: 12/29/2014
Docket Text Motion for Extension of Time to File
7
Filed & Entered:   11/22/2014
Docket Text Return of Service Executed
8
Filed & Entered:   11/22/2014
Docket Text Summons Returned Executed (21 days to answer)
9
Filed & Entered:   11/22/2014
Docket Text Summons Returned Executed (21 days to answer)
10
Filed & Entered:   11/22/2014
Docket Text Return of Service Executed
6
Filed & Entered:   10/24/2014
Docket Text Summons Issued
3
Filed & Entered:   10/23/2014
Docket Text Notice (Other)
4
Filed & Entered:   10/23/2014
Docket Text Notice (Other)
5
Filed & Entered:   10/23/2014
Docket Text Notice (Other)
1
Filed & Entered:   10/22/2014
Docket Text Complaint
2
Filed & Entered:   10/22/2014
Docket Text Notice (Other)

 

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