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04/22/2017 - Supreme Court Math and Concealed Carry in Peruta v. California

04/14/2017 - Federal Judge Upholds Nonexistent Gun Ban

04/12/2017 - Concealed Carry, Incest, Gay Marriage and the Supreme Court

04/05/2017 - Justice Neil Gorsuch and the Second Amendment

3/29/2017 - The Next Second Amendment Handgun Carry Case to Go Down in Flames

3/28/2017 - Federal Judge Tells NRA to Put Up or Shut Up in Open Carry Lawsuit

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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WRENN et al v. DISTRICT OF COLUMBIA et al 16-7025 (concealed carry)

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The District Court Proceedings Are Now Stayed Pending A Decision In The Appeal

Here is an article I wrote about the oral arguments

It has been 816 days since this case was filed!

It has been 413 days since the appeal was filed!

It has been 221 days since oral arguments took place!

WRENN et al v. DISTRICT OF COLUMBIA et al 16-7025

The following is about the Wrenn v. DC lawsuit which lost for procedural reasons in December of 2015.  On February 9, 2016 the district court case was reassigned.  Fortunately, it doesn’t have to start over from the beginning (see February 9, 2016 update).  Unfortunately, this case was reassigned to a judge hostile to the Second Amendment (not to mention the rest of the Bill of Rights).

Here are the oral arguments which took place on September 20, 2016.  Judge Williams can barely be heard in the audio link below and so I did what I could to make his questions audible in this filtered file ->

This is the unfiltered audio file from the court ->

WRENN et al v. DISTRICT OF COLUMBIA et al 1:15-cv-00162-CKK

We have a new appellate case number for the new appeal of the denial of the latest preliminary injunction -> 16-7025

The Second Amendment Foundation/Alan Gura filed a new lawsuit in an attempt to fix the mistakes made in the Palmer v. DC lawsuit.  It is a new lawsuit with new and old mistakes.  Here is a link to the Complaint.  Here is the current internet archive of the docket.  This is a concealed carry case.  The SAF is not challenging the new DC ban on openly carrying firearms.  Instead SAF seeks shall issue of concealed carry permits.

Given that SCOTUS doesn’t grant cert petitions unless there is a split between the circuits, if this case loses on appeal then it won’t create a circuit split and cert will once again be denied.  Moreover, this is purely a concealed carry case which means that unless Gura wins either the appeal of a preliminary injunction or the appeal of final judgment then there is no circuit split and therefore no reason for SCOTUS to grant a cert petition.

One of the three original individual plaintiffs has removed himself from this case leaving just two individual plaintiffs.  Akery withdraws from lawsuit.

Denial of Preliminary Injunction – March 7, 2016.

District Court Denial of Stay – April 15, 2016.

NOTICE OF APPEAL Filed on 03/15/2016.

APPELLANT docketing statement due 04/14/2016.

APPELLANT certificate as to parties, etc. due 04/14/2016.

APPELLANT statement of issues due 04/14/2016.

APPELLANT underlying decision due 04/14/2016.

APPELLANT deferred appendix statement due 04/14/2016.

APPELLANT notice of appearance due 04/14/2016.

APPELLANT transcript status report due 04/14/2016.

APPELLANT procedural motions due 04/14/2016.

APPELLANT dispositive motions due 04/29/2016.

Directing party to file initial submissions:

APPELLEE certificate as to parties, etc. due 04/14/2016.

APPELLEE entry of appearance due 04/14/2016.

APPELLEE procedural motions due 04/14/2016.

APPELLEE dispositive motions due 04/29/2016.

 

motion for an emergency stay – DENIED

DC Opposition to the motion for an emergency stay

Gura’s Reply to DC Opposition to Gura’s Motion for an Emergency Stay

CURRENT BRIEFING SCHEDULE:

APPELLANTS’ BRIEF due 06/13/2016.  Filed on 06/13/2016.

JOINT APPENDIX due 06/13/2016.  Filed on 06/13/2016.

APPELLEES’ BRIEF due 07/13/2016.  Filed on 07/13/2016.

APPELLANTS’ REPLY BRIEF due 07/27/2016.  Filed on 07/27/2016.

Oral arguments took place on Tuesday, September 20, 2016 9:30 A.M. USCA Courtroom 31 – Judges Henderson, Griffith, Williams.

Before District of Columbia v. Heller was granted cert it was called Parker v. District of Columbia.  Judge Griffith joined with Judge Silberman in striking down the D.C., bans.  Judge Henderson filed a dissent.  Some of you may think that this means there is one vote for and one vote against but you would be forgetting that Parker v. District of Columbia said that there is no right to concealed carry and this is a concealed carry case.  I do not know how Judge Williams will vote but the writing is on the wall.  Two of the three judges on this panel don’t think there is a right to concealed carry.  They said so.

Judge Williams was one of three judges who admonished Alan Gura for not bringing an as-applied challenge on behalf of his client in Schrader v. Holder.  Alan Gura is the attorney for the plaintiffs in Wren v. DC.

Do not be surprised if the decision in this case unanimously holds that there is no right to concealed carry and therefore fails the test for a preliminary injunction.

This Appeal is now fully briefed.

Oral arguments took place on Tuesday, September 20, 2016 9:30 A.M. USCA Courtroom 31 – Judges Henderson, Griffith, Williams.




District Court scheduling order.




Update by Charles Nichols, President of California Right To Carry – March 31,  2017 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – March 8,  2017 – Nothing new.  I was expecting a FRAP 28(j) regarding Norman v. State.

Update by Charles Nichols, President of California Right To Carry – February 28,  2017 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – February 1,  2017 – Nothing new on the appellate docket.  New activity in the district court proceedings.  The district court proceedings are stayed pending a decision in the preliminary injunction appeal.

Full docket text:
MINUTE ORDER: The Court held a Status Conference in this matter on January 12, 2017 at which Plaintiffs requested a stay of all proceedings pending resolution of their interlocutory appeal to the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) of this Court’s March 7, 2016 [54] Memorandum Opinion and Order denying Plaintiffs’ [6] Motion for Preliminary Injunction. Defendants oppose the request and seek to proceed to the filing of cross-motions for summary judgment. Previously, the Court denied Plaintiffs’ [59] Motion to Stay Proceedings, finding that a period of discovery was appropriate to develop a sufficient evidentiary record in this matter (see [63] Memorandum Opinion and Order, at 45). However, now that the discovery period has concluded and the necessary records will be on hand, the Court finds it prudent to stay this matter until the Court receives a mandate from the D.C. Circuit, which will obviate the parties’ need to potentially rebrief or supplement their motions for summary judgment in light of the D.C. Circuit’s ruling. Accordingly, the Court hereby ORDERS that all proceedings in this matter shall be STAYED until the D.C. Circuit issues its mandate. Signed by Judge Colleen Kollar-Kotelly on 1/17/2017. (lcckk1)

Doc.
No.
Dates Description
Filed & Entered:   01/17/2017
Docket Text Order

Update by Charles Nichols, President of California Right To Carry – December 30,  2016 – Nothing new on the appellate docket.  New activity in the district court proceedings:

Full docket text (Set/Reset Deadlines/Hearings):
Set/Reset Deadlines/Hearings: Discovery and all discovery-related motions due by 12/23/2016. Status Conference set for 1/12/2017 at 10:00 AM in Courtroom 28A before Judge Colleen Kollar-Kotelly. (dot)

Doc.
No.
Dates Description
Filed: 11/30/2016
Entered: 12/01/2016
Docket Text Set/Reset Deadlines/Hearings
77
Filed & Entered:   11/30/2016
Docket Text Order on Motion to Modify
76
Filed & Entered:   11/29/2016
Terminated: 11/30/2016
Docket Text Motion to Modify
74
Filed & Entered:   10/03/2016
Docket Text Notice (Other)
75
Filed & Entered:   10/03/2016
Docket Text Notice of Appearance
Filed & Entered:   09/27/2016
Docket Text Order on Motion for Leave to Appear Pro Hac Vice
73
Filed & Entered:   09/22/2016
Terminated: 09/27/2016
Docket Text Motion for Leave to Appear Pro Hac Vice
71
Filed & Entered:   08/17/2016
Docket Text Notice (Other)
72
Filed & Entered:   08/17/2016
Docket Text Stipulation of Dismissal
70
Filed & Entered:   07/08/2016
Docket Text Notice of Change of Address
69
Filed & Entered:   05/20/2016
Docket Text Status Report
68
Filed & Entered:   05/19/2016
Docket Text Notice of Withdrawal of Appearance
Filed & Entered:   05/09/2016
Docket Text Scheduling Conference
66
Filed & Entered:   05/09/2016
Docket Text Status Report
67
Filed & Entered:   05/09/2016
Docket Text Scheduling Order
64
Filed & Entered:   05/06/2016
Docket Text Meet and Confer Statement
65
Filed & Entered:   05/06/2016
Docket Text Notice of Appearance
63
Filed & Entered:   04/15/2016
Docket Text Order on Motion to Stay

Update by Charles Nichols, President of California Right To Carry – September 20,  2016 – Oral arguments took place this morning.  Here is a link.

09/20/2016 Open Document PER CURIAM ORDER [1636595] filed granting notice of stipulation to terminate appellant Joshua Akery in case [1635209-2]. The Court further notes by this order that appellant Joshua Akery is not pursuing the appeal. Before Judges: Henderson, Griffith and Williams. [16-7025]
09/20/2016 Open Document ORAL ARGUMENT HELD before Judges Henderson, Griffith and Williams. [16-7025]

Update by Charles Nichols, President of California Right To Carry – September 15,  2016 – New activity in the appeal.  Only 10 minutes allowed per side to argue the case.  Not a good sign for the plaintiffs.

07/27/2016 Open Document APPELLANT REPLY BRIEF [1627268] filed by Joshua Akery, Second Amendment Foundation, Inc., Tyler Whidby and Brian Wrenn [Service Date: 07/27/2016 ] Length of Brief: 6,496 Words. [16-7025] (Gura, Alan)
09/07/2016 Open Document PER CURIAM ORDER [1634228] filed allocating oral argument time as follows: Appellants – 10 Minutes, Appellees – 10 Minutes. One counsel per side to argue; directing party to file Form 72 notice of arguing attorney by 09/13/2016 [16-7025]
09/09/2016 FORM 72 submitted by arguing attorney, Holly M. Johnson, on behalf of Appellees DC and Cathy L. Lanier (For Internal Use Only: Form is restricted to protect counsel’s personal contact information). [16-7025] (Johnson, Holly)
09/12/2016 Open Document NOTICE [1635209] filed to terminate party filed by Joshua Akery [Service Date: 09/12/2016 ] [16-7025] (Gura, Alan)
09/12/2016 FORM 72 submitted by arguing attorney, Alan Gura, on behalf of Appellants Second Amendment Foundation, Inc., Tyler Whidby and Brian Wrenn (For Internal Use Only: Form is restricted to protect counsel’s personal contact information). [16-7025] (Gura, Alan)

Update by Charles Nichols, President of California Right To Carry – August 31,  2016 – Nothing new in the appeal and there probably won’t be until the case is taken under submission for a decision following oral arguments.

Update by Charles Nichols, President of California Right To Carry – August 22,  2016 – Three judge panel announced: Judges Henderson, Griffith, Williams

Update by Charles Nichols, President of California Right To Carry – August 18,  2016 – Nothing new in the appeal.

Update by Charles Nichols, President of California Right To Carry – August 13,  2016 – Nothing new in either the appeal or the district court.

Update by Charles Nichols, President of California Right To Carry – August 2,  2016 – Nothing new.

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

Update by Charles Nichols, President of California Right To Carry – July 27,  2016 – The APPELLANTS’ REPLY BRIEF was filed (appeal):

07/27/2016 Open Document APPELLANT REPLY BRIEF [1627268] filed by Joshua Akery, Second Amendment Foundation, Inc., Tyler Whidby and Brian Wrenn [Service Date: 07/27/2016 ] Length of Brief: 6,496 Words. [16-7025] (Gura, Alan)

Update by Charles Nichols, President of California Right To Carry – July 25,  2016 – The latest (appeal):

07/20/2016 Open Document NOTICE [1625859] filed by DC Appleseed Center for Law & Justice, DC for Democracy, DC Vote, The League of Women Voters of the District of Columbia, Former Mayor Anthony A. Williams, and Former Mayor Vincent C. Gray of intention to participate as amicus curiae. [Disclosure Listing: Attached] [Service Date: 07/20/2016 ] [16-7025]-[Edited 07/25/2016 by LMF] (Wolfson, Paul)
07/20/2016 Open Document AMICUS FOR APPELLEE BRIEF [1625860] filed by DC Appleseed Center for Law & Justice DC Appleseed Center for Law & Justice, DC for Democracy, DC Vote, The League of Women Voters of the District of Columbia, Former Mayor Anthony A. Williams, and Former Mayor Vincent C. Gray [Service Date: 07/20/2016 ] Length of Brief: 6,819 words. [16-7025] (Wolfson, Paul)
07/20/2016 Open Document NOTICE [1625884] filed by States of Maryland, California, Connecticut, Hawai’i, Illinois, Iowa, Massachusetts, New York, Oregon, and Washington of intention to participate as amicus curiae. [Disclosure Listing: Not Applicable to this Party] [Service Date: 07/20/2016 ] [16-7025]–[Edited 07/25/2016 by LMF] (Auerbach, Joshua)
07/20/2016 Open Document AMENDED NOTICE [1625899] filed by States of Maryland, California, Connecticut, Hawai’i, Illinois, Iowa, Massachusetts, New York, Oregon, and Washington of intention to participate as amicus curiae. [Disclosure Listing: Not Applicable to this Party] [Service Date: 07/20/2015 ] [16-7025] (Auerbach, Joshua)
07/20/2016 Open Document AMICUS FOR APPELLEE BRIEF [1625900] filed by The Brady Center to Prevent Gun Violence [Service Date: 07/20/2016 ] Length of Brief: 5,101 words. [16-7025] (Levin, Adam)
07/20/2016 Open Document AMICUS FOR APPELLEE BRIEF [1625908] filed by States of Maryland, California, Connecticut, Hawai’i, Illinois, Iowa, Massachusetts, New York, Oregon, and Washington [Service Date: 07/20/2016 ] Length of Brief: 5,294 words. [16-7025]-[Edited 07/25/2016 by LMF] (Auerbach, Joshua)
07/20/2016 Open Document AMICUS FOR APPELLEE BRIEF [1625988] filed by Everytown for Gun Safety Everytown for Gun Safety [Service Date: 07/20/2016 ] Length of Brief: 6,989 words. [16-7025] (Gupta, Deepak)

Update by Charles Nichols, President of California Right To Carry – July 14,  2016 – The Appellees’ Brief has been filed.  The Appellants’ Reply Brief is currently due on July 27, 2016.

07/13/2016 Open Document APPELLEE BRIEF [1624585] filed by DC and Cathy L. Lanier [Service Date: 07/13/2016 ] Length of Brief: 13,999 words. [16-7025] (Johnson, Holly)
07/13/2016 Open Document SEPARATE STATUTORY ADDENDUM [1624586] filed by DC and Cathy L. Lanier to Appellee/Respondent brief [1624585-2] [Service Date:07/13/2016 ] [16-7025] (Johnson, Holly)

Update by Charles Nichols, President of California Right To Carry – July 11,  2016 – According to the scheduling order by the district court judge, the time period in which to amend the pleadings by the plaintiffs has expired.  It is now too late for the plaintiffs’ attorney, Alan Gura, to challenge the District of Columbia Open Carry bans, not that he ever had any intention to do so.  This is, and remains, a concealed carry case.  I think we all know how this is going to end.

Update by Charles Nichols, President of California Right To Carry – July 5,  2016 – Everytown for Gun Safety enters stage left.

07/05/2016 Open Document NOTICE [1623137] filed by Everytown for Gun Safety of intention to participate as amicus curiae. [Disclosure Listing: Attached] [Service Date: 07/05/2016 ] [16-7025] (Gupta, Deepak)

Update by Charles Nichols, President of California Right To Carry – July 1,  2016 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – June 30,  2016 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – June 21,  2016 – Amicus brief filed.

06/17/2016 Open Document NOTICE [1620122] filed by Gun Owners of America, Inc., Gun Owners Foundation, U.S. Justice Foundation, Conservative Legal Defense and Education Fund, The Heller Foundation, and Policy Analysis Center of intention to participate as amicus curiae. [Disclosure Listing: Attached] [Service Date: 06/17/2016 ] [16-7025] (Titus, Herbert)
06/20/2016 Open Document AMICUS FOR APPELLANT BRIEF [1620553] filed by Gun Owners of America, Inc., Gun Owners Foundation, U.S. Justice Foundation, Conservative Legal Defense and Education Fund, and Heller Foundation [Service Date: 06/20/2016 ] Length of Brief: 5,757. [16-7025] (Titus, Herbert)

Update by Charles Nichols, President of California Right To Carry – June 16,  2016 – Oral arguments scheduled for September 20th.

06/16/2016 Open Document CLERK’S ORDER [1619749] filed scheduling oral argument on Tuesday, 09/20/2016. [16-7025]

Update by Charles Nichols, President of California Right To Carry – June 15,  2016 – Well, my consent notice is incorrectly filed as an intention to participate as an Amicus.  It doesn’t matter.  In light of the en banc decision in Peruta v. San Diego I won’t be filing an Amicus brief.

06/06/2016 NOTICE [1619507] filed by Charles Nichols of intention to participate as amicus curiae. [Disclosure Listing: Not Applicable to this Party] [Service Date: 06/01/2016 ] [16-7025]

Update by Charles Nichols, President of California Right To Carry – June 13,  2016 – A  couple of updates.

06/13/2016 Open Document JOINT APPENDIX [1618973] filed by Joshua Akery, Second Amendment Foundation, Inc., Tyler Whidby and Brian Wrenn. [Volumes: 1] [Service Date: 06/13/2016 ] [16-7025] (Gura, Alan)
06/13/2016 Open Document APPELLANT BRIEF [1618975] filed by Joshua Akery, Second Amendment Foundation, Inc., Tyler Whidby and Brian Wrenn [Service Date: 06/13/2016 ] Length of Brief: 13,301 Words. [16-7025] (Gura, Alan)

Update by Charles Nichols, President of California Right To Carry – June 8,  2016 – A consent notice was filed to participate as an Amicus.

06/08/2016 Open Document CONSENT NOTICE [1618182] filed by DC Appleseed Center for Law & Justice of intention to participate as amicus curiae. [Disclosure Listing: Attached] [Service Date: 06/08/2016 ] [16-7025] (Wolfson, Paul)

Update by Charles Nichols, President of California Right To Carry – June 3,  2016 – The original and three copies of my notice of consent to file an Amicus brief was sent to the Clerk of the Court of Appeals.  I suspect only one copy was necessary but the Circuit Rules did not say and it is best to be safe than to be sorry.  The notice should arrive on Monday.  It will probably take a few days for the Clerk’s office to scan it and upload it to the docket.

Update by Charles Nichols, President of California Right To Carry – June 2,  2016 – The attorneys for the District of Columbia sent me an email yesterday afternoon giving its consent for me to file an Amicus brief in support of neither party.  Much to my surprise, Alan Gura had emailed his consent the day before.  I attempted to efile my notice of consent last night but was unable to do so via PACER.  It turns out that for me to efile via PACER I have to first file a motion with the court AND file hard copies.  It is easier to just file by mail and in this case more practical given the fast approaching deadline for the Appellants to file their principal brief which in turn triggers my deadline for filing my Amicus brief.

Update by Charles Nichols, President of California Right To Carry – June 1,  2016 – There has been some activity in the appeal since my last update.

05/31/2016 Open Document CONSENT NOTICE [1615766] filed by The Brady Center to Prevent Gun Violence of intention to participate as amicus curiae. [Disclosure Listing: Attached] [Service Date: 05/31/2016 ] [16-7025] (Levin, Adam)

Update by Charles Nichols, President of California Right To Carry – May 27,  2016 – There has been some activity in the district court since my last update.

oc.
No.
Dates Description
69
Filed & Entered:   05/20/2016
Docket Text Status Report
68
Filed & Entered:   05/19/2016
Docket Text Notice of Withdrawal of Appearance

Update by Charles Nichols, President of California Right To Carry – May 11,  2016 – There has been some activity in the district court since my last update.  The most significant is the scheduling order (Dkt. #67).  The due date for the dispositive motions (e.g., summary judgment, judgment on the pleadings) will be set at the December 9, 2016 status conference.  With the hearing on the denial of the appeal of the preliminary injunction taking place in September, the court of appeals will have to issue a decision fairly quickly for it to have any relevance in the District Court proceedings.

Doc.
No.
Dates Description
Filed & Entered:   05/09/2016
Docket Text Scheduling Conference
66
Filed & Entered:   05/09/2016
Docket Text Status Report
67
Filed & Entered:   05/09/2016
Docket Text Scheduling Order
64
Filed & Entered:   05/06/2016
Docket Text Meet and Confer Statement
65
Filed & Entered:   05/06/2016
Docket Text Notice of Appearance

Update by Charles Nichols, President of California Right To Carry – May 5,  2016 – The emergency stay of the district court proceedings that Gura asked of the court of appeals was denied.  Oral arguments will be heard in September before Judges Rogers, Kavanaugh and Wilkins.  If there is a district court final judgment before the court of appeals rules on the appeal of the denial of the preliminary injunction then this appeal becomes moot.  For that matter, even if a preliminary injunction is issued by this panel of judges, it expires once there is a final judgment by the district court judge who has made it perfectly clear that Gura is going to lose.

05/04/2016 Open Document PER CURIAM ORDER [1611772] denying emergency motion for stay of district court proceedings pending appeal [1610248-2]. It is FURTHER ORDERED that this case will be heard on an expedited basis in accordance with 28 U.S.C. 1657(a). The Clerk is directed to enter a standard briefing schedule and calendar the case for oral argument in September 2016. Before Judges: Rogers, Kavanaugh and Wilkins. [16-7025]
05/04/2016 Open Document CLERK’S ORDER [1611786] setting the following briefing schedule: APPELLANTS’ BRIEF due 06/13/2016. JOINT APPENDIX due 06/13/2016. APPELLEES’ BRIEF due 07/13/2016. APPELLANTS’ REPLY BRIEF due 07/27/2016. [16-7025]

Update by Charles Nichols, President of California Right To Carry – May 3,  2016 – Today, Gura filed a Reply to DC Opposition to Stay

05/03/2016 Open Document REPLY [1611575] filed by Joshua Akery, Second Amendment Foundation, Inc., Tyler Whidby and Brian Wrenn to response [1610952-2] [Service Date: 05/03/2016 by CM/ECF NDA] Pages: 1-10. [16-7025] (Gura, Alan)

Update by Charles Nichols, President of California Right To Carry – April 29,  2016 – There has been nothing new in the district court case.  There has been a lot of activity in the appeal.  The Plaintiffs’ attorney, Alan Gura, seems to have finally realized that if there is a judgment in his district court case before there is a decision in his appeal then his appeal becomes moot.  On April 25, Gura filed a motion for an emergency stay of the district court proceedings followed shortly by the District of Columbia filing an opposition to the stay.

 

04/13/2016 Open Document CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [1608418] filed by DC and Cathy L. Lanier [Service Date: 04/13/2016 ] [16-7025] (Johnson, Holly)
04/13/2016 Open Document ENTRY OF APPEARANCE [1608493] filed by Alan Gura on behalf of Appellants Joshua Akery, Second Amendment Foundation, Inc., Tyler Whidby and Brian Wrenn. [16-7025] (Gura, Alan)
04/13/2016 Open Document DOCKETING STATEMENT [1608496] filed by Joshua Akery, Second Amendment Foundation, Inc., Tyler Whidby and Brian Wrenn [Service Date: 04/13/2016 ] [16-7025] (Gura, Alan)
04/13/2016 Open Document CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [1608497] filed by Joshua Akery, Second Amendment Foundation, Inc., Tyler Whidby and Brian Wrenn [Service Date: 04/13/2016 ] [16-7025] (Gura, Alan)
04/13/2016 Open Document STATEMENT OF INTENT REGARDING APPENDIX DEFERRAL [1608499] filed by Joshua Akery, Second Amendment Foundation, Inc., Tyler Whidby and Brian Wrenn [Service Date: 04/13/2016 ] Intent: AppxNotDeferred [16-7025] (Gura, Alan)
04/13/2016 Open Document TRANSCRIPT STATUS REPORT [1608502] filed by Joshua Akery, Second Amendment Foundation, Inc., Tyler Whidby and Brian Wrenn [Service Date: 04/13/2016 ]. Status of Transcripts: Final – No transcripts are needed for the appeal. [16-7025] (Gura, Alan)
04/13/2016 Open Document UNDERLYING DECISION IN CASE [1608504] submitted by Joshua Akery, Second Amendment Foundation, Inc., Tyler Whidby and Brian Wrenn [Service Date: 04/13/2016 ] [16-7025] (Gura, Alan)
04/13/2016 Open Document STATEMENT OF ISSUES [1608506] filed by Joshua Akery, Second Amendment Foundation, Inc., Tyler Whidby and Brian Wrenn [Service Date: 04/13/2016 ] [16-7025] (Gura, Alan)
04/25/2016 Open Document EMERGENCY MOTION [1610248] filed by Joshua Akery, Second Amendment Foundation, Inc., Tyler Whidby and Brian Wrenn Stay of District Court Proceedings Pending Appeal. (Response to Motion served by mail due on 05/09/2016) [Service Date: 04/25/2016 by CM/ECF NDA] Pages: 21-30. [16-7025] (Gura, Alan)
04/28/2016 Open Document RESPONSE IN OPPOSITION [1610952] filed by DC and Cathy L. Lanier to motion for other relief [1610248-2] [Service Date: 04/28/2016 by CM/ECF NDA] Pages: 16-20. [16-7025] (Johnson, Holly)

Update by Charles Nichols, President of California Right To Carry – April 17,  2016 – The plaintiffs motion to stay was denied by the district court on Friday, April 14th.  This puts them in a particularly precarious position.  If there is a judgement by the district court judge before there is a decision on the preliminary injunction in the court of appeals then the appeal of the denial of the preliminary injunction will be dismissed as moot.  The same thing happened in my California Open Carry lawsuit even though the state did not oppose my stay, the NRA filed an “Amicus” brief asking for a stay and it was granted by an assistant clerk of the court.  District Court Denial of Stay

Docket No.: 63 – MEMORANDUM OPINION and ORDER denying Plaintiffs’ [59] Motion to Stay Proceedings. Signed by Judge Colleen Kollar-Kotelly on 4/15/2016. (lcckk2)

Doc.
No.
Dates Description
63
Filed & Entered:   04/15/2016
Docket Text Order on Motion to Stay
61
Filed & Entered:   04/14/2016
Docket Text Meet and Confer Statement
62
Filed & Entered:   04/14/2016
Docket Text Reply to opposition to Motion
60
Filed & Entered:   04/04/2016
Docket Text Memorandum in Opposition
Filed & Entered:   03/31/2016
Docket Text Order on Motion to Continue
Filed: 03/31/2016
Entered: 04/01/2016
Docket Text Set/Reset Hearings

Update by Charles Nichols, President of California Right To Carry – March 31,  2016 – This morning, the district court issued the ORDER below.  For now, the case continues to proceed “unless and until” the court grants Gura’s motion to stay.  This is risky for Gura.  If there is a judgment by the district court before there is a decision in the appeal of the denial of his preliminary injunction then Gura’s preliminary injunction appeal will be dismissed as moot.  All the time, money and effort put into the appeal will have been lost.
Full docket text:
MINUTER ORDER granting Plaintiff’s [58] Consent Motion to Continue Initial Scheduling Conference. The parties have indicated that they are available on May 9, 2016. Accordingly, the Initial Scheduling Conference on April 22, 2016, is VACATED and an Initial Scheduling Conference is SCHEDULED for May 9, 2016, at 10 a.m. in Courtroom 28A. The Court note that it expects all parties to fully comply with the requirements for preparing for that Scheduling Conference, see ECF No. [56], unless and until the Court grants Plaintiffs’ [59] Motion to Stay, which is currently being briefed. Signed by Judge Colleen Kollar-Kotelly on 3/31/2016. (lcckk2)

Doc.
No.
Dates Description
Filed & Entered:   03/31/2016
Docket Text Order on Motion to Continue

Update by Charles Nichols, President of California Right To Carry – March 23,  2016 – I’ve updated this page to show the briefing schedule.  I am astonished as to how brief a time span there is within which to brief this case (no pun intended).

Update by Charles Nichols, President of California Right To Carry – March 22,  2016 – The plaintiffs’ lawyer, Alan Gura, has now asked that the district court proceedings be stayed pending an appellate decision on his preliminary injunction.  I am surprised it took him so long.  If judgment had been issued in his district court case before there was a decision as to his preliminary injunction then the appeal of the preliminary injunction would have been dismissed as moot even if the appeal had been before SCOTUS.

Doc.
No.
Dates Description
59
Filed & Entered:   03/18/2016
Docket Text Motion to Stay
Filed: 03/15/2016
Entered: 03/17/2016
Docket Text USCA Case Number

We have a new appellate case number for the new appeal of the denial of the latest preliminary injunction -> 16-7025

General Docket
United States Court of Appeals for District of Columbia Circuit
Court of Appeals Docket #: 16-7025 Docketed: 03/15/2016
Nature of Suit: 3950 Constitutionality of State Statutes
Brian Wrenn, et al v. DC, et al
Appeal From: United States District Court for the District of Columbia
Fee Status: Fee Paid
Case Type Information:
     1) Civil Private
     2) Private
     3)
Originating Court Information:
     District: 0090-1 : 1:15-cv-00162-CKK Lead: 1:15-cv-00162-CKK
     Court Reporter: Lisa Foradori, Court Reporter
     Motions Judge: Colleen Kollar-Kotelly, U.S. District Judge
     Date Filed: 02/03/2015
     Date Order/Judgment:      Date NOA Filed:
     03/07/2016      03/07/2016

03/15/2016 PRIVATE CIVIL CASE docketed. [16-7025]
03/15/2016 Open Document NOTICE OF APPEAL [1604125] filed by Joshua Akery, Second Amendment Foundation, Inc., Tyler Whidby and Brian Wrenn seeking review of a decision by the U.S. District Court in 1:15-cv-00162-CKK. Appeal assigned USCA Case Number: 16-7025. [16-7025]
03/15/2016 Open Document CLERK’S ORDER [1604127] filed directing party to file initial submissions: APPELLANT docketing statement due 04/14/2016. APPELLANT certificate as to parties, etc. due 04/14/2016. APPELLANT statement of issues due 04/14/2016. APPELLANT underlying decision due 04/14/2016. APPELLANT deferred appendix statement due 04/14/2016. APPELLANT notice of appearance due 04/14/2016. APPELLANT transcript status report due 04/14/2016. APPELLANT procedural motions due 04/14/2016. APPELLANT dispositive motions due 04/29/2016. Directing party to file initial submissions: APPELLEE certificate as to parties, etc. due 04/14/2016. APPELLEE entry of appearance due 04/14/2016. APPELLEE procedural motions due 04/14/2016. APPELLEE dispositive motions due 04/29/2016 [16-7025]

Update by Charles Nichols, President of California Right To Carry – March 11,  2016 – It appears that the district court proceedings are going to continue for now:

Full docket text for document 58:
Consent MOTION to Continue Initial Scheduling Conference by JOSHUA AKERY, SECOND AMENDMENT FOUNDATION, INC., TYLER WHIDBY, BRIAN WRENN (Attachments: # (1) Text of Proposed Order)(Gura, Alan)

Doc.
No.
Dates Description
58
Filed & Entered:   03/09/2016
Docket Text Motion to Continue

Update by Charles Nichols, President of California Right To Carry – March 7,  2016 – Unless you are new here you know the contempt I have for Alan Gura and his concealed carry lawsuits.  That said, I am at a loss for words to express the contempt I have for Judge Colleen Kollar-Kotelly and the reasons she gave for denying the preliminary injunction.  This has got to be the most left-wing document I have ever read in any case with the lone exception of District Court Judge S. James Otero’s far left decision in my California Open Carry lawsuit.  She did not base her decision on the fact that this is a concealed carry case, indeed, she closes with the fact that the District of Columbia is an urban area which is for some articulated reason, dispositive on a fundamental, enumerated right which she assumed concealed carry was for the purpose of the preliminary injunction.  Judge Colleen Kollar-Kotelly is a Clinton appointee.  One would think she wrote this decision in the hope that Obama would nominate her for the Supreme Court and perhaps she did, but she is too old for consideration to fill the vacancy created by the death of Justice Scalia.  You can read the decision here.

District Court Judge Colleen Kollar-Kotelly

UPDATE: Gura didn’t waste any time.  He filed a notice of appeal today.

Doc.
No.
Dates Description
54
Filed & Entered:   03/07/2016
Docket Text Memorandum & Opinion
55
Filed & Entered:   03/07/2016
Docket Text Notice of Appeal to DC Circuit Court
56
Filed & Entered:   03/07/2016
Docket Text Order
53
Filed & Entered:   03/02/2016
Docket Text Surreply

Update by Charles Nichols, President of California Right To Carry – February 29,  2016 – There has been some new activity in the case.  The most significant of which are Dockets #50 & 52.  The District of Columbia is in the process of revoking Brian Wrenn’s, Joshua Akery’s, and Tyler Whidby’s concealed carry permits (Dkt #50) and the new judge is, surprisingly, allowing Alan Gura to fix what would normally be a fatal error in his motion for a preliminary injunction by calling for supplemental briefing (Dkt #52) as to whether or not res judicata applies.  An explanation of Res Judicata is here.

Full docket text for document 52:
ORDER requesting sur-reply re: res judicata. Signed by Judge Colleen Kollar-Kotelly on 2/26/2016. (lcckk2)

Full docket text for document 50:
NOTICE Regarding the Status of Plaintiffs Concealed Carry Licenses by DISTRICT OF COLUMBIA, CATHY L. LANIER (Saindon, Andrew)

Doc.
No.
Dates Description
52
Filed & Entered:   02/26/2016
Docket Text Order
51
Filed & Entered:   02/25/2016
Docket Text Reply to opposition to Motion
50
Filed & Entered:   02/23/2016
Docket Text Notice (Other)
Filed & Entered:   02/18/2016
Docket Text Set/Reset Deadlines
Filed & Entered:   02/18/2016
Docket Text Order on Motion for Leave to File
45
Filed & Entered:   02/18/2016
Docket Text Notice of Appearance
46
Filed & Entered:   02/18/2016
Terminated: 02/18/2016
Docket Text Motion for Leave to File
47
Filed & Entered:   02/18/2016
Docket Text Amicus Brief
48
Filed & Entered:   02/18/2016
Docket Text Memorandum in Opposition
49
Filed: 02/18/2016
Entered: 02/19/2016
Docket Text Amicus Brief
Filed & Entered:   02/12/2016
Docket Text Order
Filed & Entered:   02/12/2016
Docket Text Telephone Conference
Filed & Entered:   02/11/2016
Docket Text Order
Filed & Entered:   02/11/2016
Docket Text Order
Filed: 02/11/2016
Entered: 02/12/2016
Docket Text Set/Reset Hearings
43
Filed & Entered:   02/11/2016
Docket Text Notice of Related Case
44
Filed & Entered:   02/11/2016
Docket Text Status Report

Update by Charles Nichols, President of California Right To Carry – February 9,  2016 – This case has finally been reassigned.  Unfortunately, it was reassigned to District Judge Colleen Kollar-Kotelly, a Clinton appointee.   On March 19, 2009, in response to a joint lawsuit brought by the Brady Campaign to Prevent Gun Violence, the National Parks Conservation Association and the Coalition of National Park Service Retirees, Kollar-Kotelly issued a preliminary injunction whereby she blocked a rule that would permit visitors to national parks to carry firearms.

Full docket text for document 42:
NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 15-2234. (Gura, Alan)

Full docket text:
Case randomly reassigned to Judge Colleen Kollar-Kotelly. Visiting Judge Frederick J. Scullin, Jr no longer assigned to the case. (ztnr)

Full docket text:
MINUTE ORDER (paperless). This case has been reassigned in light of the decision of the D.C. Circuit Court of Appeals, which vacated the preliminary injunction previously issued by Judge Frederick J. Scullin, Jr., in this case. In light of the reassignment, Defendants’ [33] Motion for Case Reassignment and Plaintiffs’ [34] Motion to Extend Time to Respond to Defendants’ Motion for Case Reassignment are DENIED AS MOOT. The Court will provide the parties an opportunity to provide additional briefing on the motion for preliminary injunction. Accordingly, the parties shall file a Joint Status Report by no later than FRIDAY, FEBRUARY 12, 2016, at NOON, indicating whether they intend to file supplemental briefing. If they do, they shall include a proposed schedule for expedited briefing in light of the time constraints for resolving a motion for a preliminary injunction under local civil rule 65.1. As a final matter, the Court notes this case pertains to a different statute than the one that was at issue in Judge Scullin’s decision in Palmer v. DC (09-cv-1482). Signed by Judge Colleen Kollar-Kotelly on 2/9/2016. (lcckk2)

Full docket text:
Set/Reset Deadlines: Joint Status Report due by 2/12/2016. (dot)

Doc.
No.
Dates Description
42
Filed & Entered:   02/10/2016
Docket Text Notice of Related Case
Filed & Entered:   02/09/2016
Docket Text Case Assigned/Reassigned
Filed & Entered:   02/09/2016
Docket Text Order on Motion to Reassign Case
Filed & Entered:   02/09/2016
Docket Text Set/Reset Deadlines
41
Filed & Entered:   02/09/2016
Docket Text Order
38
Filed & Entered:   02/08/2016
Docket Text Notice of Change of Address
39
Filed & Entered:   02/08/2016
Docket Text Response to motion
40
Filed & Entered:   02/08/2016
Docket Text NOTICE OF SUPPLEMENTAL AUTHORITY
37
Filed: 02/05/2016
Entered: 02/08/2016
Docket Text USCA Mandate

Everything Below The Fold is Irrelevant




 

Preliminary Injunction Vacated on Appeal – Gura Has to Start All Over Again

Mandate Withheld for 7 Days 

Mandate Issued 1/28/2016 – Appeal is Finished

 




The following is about the Wrenn v. DC lawsuit which lost for procedural reasons in December of 2015.  As of January 15, 2016 the district court case has not been reassigned and there has been no activity on the district court docket since October 29, 2015.

WRENN et al v. DISTRICT OF COLUMBIA et al

The Second Amendment Foundation/Alan Gura filed a new lawsuit in an attempt to fix the mistakes made in the Palmer v. DC lawsuit.  It is a new lawsuit with new and old mistakes.  Here is a link to the Complaint.  Here is the current internet archive of the docket.  This is a concealed carry case.  The SAF is not challenging the new DC ban on openly carrying firearms.  Instead SAF seeks shall issue of concealed carry permits.  This case has been assigned to the same judge in the Palmer v. DC district court case.

Given that SCOTUS doesn’t grant cert petitions unless there is a split between the circuits, if this case loses on appeal then it won’t create a circuit split and cert will once again be denied.  Moreover, this is purely a concealed carry case which means that unless Gura wins either the appeal of his preliminary injunction or the appeal of final judgment then there is no circuit split and therefore no reason for SCOTUS to grant a cert petition.

Based on the ORDER of July 6, 2015 it seems that there will not be any movement in the district court case until the appeal of the preliminary injunction is resolved by the court of appeals. The preliminary injunction was “resolved” on December 15, 2015.  Gura has to start all over again in the district court with a different judge.

Wrenn v. DC Appeal 15-7057

Following is the briefing schedule for the appeal:

APPELLANTS’ BRIEF due 08/27/2015 – Filed on 8/27/2015.

APPENDIX due 08/27/2015 – Filed on 8/27/2015.

APPELLEES’ BRIEF due 09/30/2015 – Filed on 09/30/2015.

Appellees Supplemental Brief – Filed on 10/05/2015.

Appellant Supplemental Brief – Filed on 10/05/2015.

APPELLANTS’ REPLY BRIEF due 10/21/2015 – Filed on 10/21/2015. 

BRIEF OF AMICI CURIAE HISTORIANS, LEGAL SCHOLARS, AND CRPA FOUNDATION IN SUPPORT OF APPELLEES AND IN SUPPORT OF AFFIRMANCE (corrected) – Filed on 10/8/2015.

National Rifle Association Amicus Brief – Filed on 10/7/2015.

Oral arguments before the court of appeals regarding the preliminary injunction took place Friday, November 20th, 2015.

December 15 Appellate Order Vacating Preliminary Injunction




Update by Charles Nichols, President of California Right To Carry – February 5,  2016 – This case has finally been reassigned.  Unfortunately, it was reassigned to District Judge Colleen Kollar-Kotelly, a Clinton appointee.   On March 19, 2009, in response to a joint lawsuit brought by the Brady Campaign to Prevent Gun Violence, the National Parks Conservation Association and the Coalition of National Park Service Retirees, Kollar-Kotelly issued a preliminary injunction whereby she blocked a rule that would permit visitors to national parks to carry firearms.

Full docket text for document 42:
NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 15-2234. (Gura, Alan)

Full docket text:
Case randomly reassigned to Judge Colleen Kollar-Kotelly. Visiting Judge Frederick J. Scullin, Jr no longer assigned to the case. (ztnr)

Full docket text:
MINUTE ORDER (paperless). This case has been reassigned in light of the decision of the D.C. Circuit Court of Appeals, which vacated the preliminary injunction previously issued by Judge Frederick J. Scullin, Jr., in this case. In light of the reassignment, Defendants’ [33] Motion for Case Reassignment and Plaintiffs’ [34] Motion to Extend Time to Respond to Defendants’ Motion for Case Reassignment are DENIED AS MOOT. The Court will provide the parties an opportunity to provide additional briefing on the motion for preliminary injunction. Accordingly, the parties shall file a Joint Status Report by no later than FRIDAY, FEBRUARY 12, 2016, at NOON, indicating whether they intend to file supplemental briefing. If they do, they shall include a proposed schedule for expedited briefing in light of the time constraints for resolving a motion for a preliminary injunction under local civil rule 65.1. As a final matter, the Court notes this case pertains to a different statute than the one that was at issue in Judge Scullin’s decision in Palmer v. DC (09-cv-1482). Signed by Judge Colleen Kollar-Kotelly on 2/9/2016. (lcckk2)

Full docket text:
Set/Reset Deadlines: Joint Status Report due by 2/12/2016. (dot)

Doc.
No.
Dates Description
42
Filed & Entered:   02/10/2016
Docket Text Notice of Related Case
Filed & Entered:   02/09/2016
Docket Text Case Assigned/Reassigned
Filed & Entered:   02/09/2016
Docket Text Order on Motion to Reassign Case
Filed & Entered:   02/09/2016
Docket Text Set/Reset Deadlines
41
Filed & Entered:   02/09/2016
Docket Text Order
38
Filed & Entered:   02/08/2016
Docket Text Notice of Change of Address
39
Filed & Entered:   02/08/2016
Docket Text Response to motion
40
Filed & Entered:   02/08/2016
Docket Text NOTICE OF SUPPLEMENTAL AUTHORITY
37
Filed: 02/05/2016
Entered: 02/08/2016
Docket Text USCA Mandate

 

Update by Charles Nichols, President of California Right To Carry – February 5,  2016 – The district court clerk has not filed the mandate on the district court docket.

Update by Charles Nichols, President of California Right To Carry – January 29,  2016 – The Mandate was issued yesterday.  This appeal is finished.  The case must now start all over again in the district court.

As of today, the district court clerk has not filed the mandate on the district court docket.

01/28/2016 MANDATE ISSUED to Clerk, District Court [15-7057]

1:15-cv-00162-FJS WRENN et al v. DISTRICT OF COLUMBIA et al
Frederick J. Scullin, Jr, presiding
Date filed: 02/03/2015
Date of last filing: 10/29/2015
 

History

 

Doc.
No.
Dates Description
Filed & Entered:   10/29/2015
Docket Text Notice (Other)

 

Update by Charles Nichols, President of California Right To Carry – January 23,  2016 – The ORDER staying the mandate pending a petition for rehearing en banc was issued on December 15, 2015.  No petition was made and yet the mandate still has not been issued.  Likewise, there has been no activity in the district court since October 29, 2015.

Update by Charles Nichols, President of California Right To Carry – January 4,  2016 – Nothing new on the district court docket. Still waiting for the mandate from the court of appeals.

Update by Charles Nichols, President of California Right To Carry – December 15,  2015 –  The preliminary injunction in Wrenn is vacated.  The court of appeals held that the district court judge was not authorized to hear this case.  This means that Alan Gura has to start all over again.  If you think that he will challenge the Open Carry bans, there is this bridge I want to sell you.

12/15/2015 Open Document PER CURIAM JUDGMENT [1588537] filed that the order of the District Court appealed from in this cause be vacated, for the reasons in the accompanying opinion . Before Judges: Pillard, Silberman and Sentelle. [15-7057]
12/15/2015 Open Document OPINION [1588540] filed (Pages: 5) for the Court by Judge Sentelle. [15-7057]
12/15/2015 Open Document CLERK’S ORDER [1588541] filed withholding issuance of the mandate. [15-7057]

Update by Charles Nichols, President of California Right To Carry – December 12,  2015 –  Nothing new on the district court docket.  The two new entries on the appellate court docket were the notices of letters to and from SCOTUS saying that SCOTUS was not going to assign the district court judge to this case because it is now being litigated (see December 4th Update below).

12/01/2015 Open Document NOTICE [1586217] filed by Joshua Akery, Second Amendment Foundation, Inc., Tyler Whidby and Brian Wrenn of Corrrespondence. [Service Date: 12/01/2015 ] [15-7057] (Gura, Alan)
12/04/2015 Open Document NOTICE [1586986] filed by Joshua Akery, Second Amendment Foundation, Inc., Tyler Whidby and Brian Wrenn Notice of Correspondence. [Service Date: 12/04/2015 ] [15-7057] (Gura, Alan)

Update by Charles Nichols, President of California Right To Carry – December 4,  2015 –  Chief Justice Roberts refused to correct Gura’s mistake in not making sure that district court Judge Scullin was authorized to preside over this case.  That means it will be up to the court of appeals to make that decision and whatever decision they make can be appealed which in turn means it will be a long time before there is a decision, one way or the other, in this case.  Here is a link to the letter from SCOTUS.  For more information, see this article from SCOTUSblog.

Update by Charles Nichols, President of California Right To Carry – December 2,  2015 – When I first read the Complaint I wrote “It is a new lawsuit with new and old mistakes.” Yesterday, Alan Gura made a second stab at correcting one of his mistakes.  Read it here.

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

Update by Charles Nichols, President of California Right To Carry – November 20,  2015 – The oral arguments in the appeal of the preliminary injunction took place today.  Here is a link.  – One can never make a conclusion based on oral arguments but it sounds like all three judges think that the district court judge did not have jurisdiction in this case.  If the court of appeals so holds then this case will have to start all over again in the district court.

Update by Charles Nichols, President of California Right To Carry – October 29,  2015 – There has been some new activity. The Notice of Filing seeks to have the district court judge removed from this case.

10/23/2015 Open Document NOTICE [1579676] filed by DC and Cathy L. Lanier regarding filing in the district court. [Service Date: 10/23/2015 ] [15-7057] (Johnson, Holly)
10/26/2015 Open Document NOTICE [1579886] filed by Joshua Akery, Second Amendment Foundation, Inc., Tyler Whidby and Brian Wrenn Response to Notice of Filing and Notice of Filing in District Court. [Service Date: 10/26/2015 ] [15-7057] (Gura, Alan)
10/29/2015 Open Document PER CURIAM ORDER [1580733] filed, on the court’s own motion, that appellants be prepared to address at oral argument on November 20, 2015, the significance, in light of their appeal, of the motion for case reassignment filed on October 23, 2015, in the District Court. Before Judges: Pillard, Silberman and Sentelle. [15-7057]

The motion to reassign and opposition to the motion were filed in the district court:

Doc.
No.
Dates Description
Filed & Entered:   10/29/2015
Docket Text Notice (Other)
35
Filed & Entered:   10/28/2015
Docket Text Memorandum in Opposition
36
Filed & Entered:   10/28/2015
Docket Text Reply to opposition to Motion
34
Filed & Entered:   10/26/2015
Docket Text Motion for Extension of Time to File Response/Reply
33
Filed & Entered:   10/23/2015
Docket Text Motion to Reassign Case

Update by Charles Nichols, President of California Right To Carry – October 22,  2015 – The Reply Brief was filed yesterday.  The case is now fully briefed.

10/21/2015 Open Document APPELLANT REPLY BRIEF [1579251] filed by DC and Cathy L. Lanier [Service Date: 10/21/2015 ] Length of Brief: 7000 words. [15-7057] (Johnson, Holly)

Update by Charles Nichols, President of California Right To Carry – October 22,  2015 – The three judge panel has been announced: Judges Pillard, Silberman, Sentelle.  Silberman was the author of the Parker v. DC decision which SCOTUS affirmed under the name of District of Columbia v. Heller.  The other two judges don’t appear to have been part of any Second Amendment decisions.

Update by Charles Nichols, President of California Right To Carry – September 30,  2015 – There has been new activity since my last update.  Each side has filed a Supplemental Brief (see above).  Two Amicus briefs have been filed (see above).  The Reply Brief is now due on October 21, 2015.

10/02/2015 Open Document CONSENT UNOPPOSED MOTION [1576312] filed by DC and Cathy L. Lanier to extend time to file brief to 10/21/2015. [Service Date: 10/02/2015 ] Pages: 1-10. [15-7057] (Johnson, Holly)
10/05/2015 Open Document CONSENT NOTICE [1576590] filed by The Historians and Legal Scholars Robert J. Cottrol et al., and the California Rifle and Pistol Association Foundation of intention to participate as amicus curiae. [Disclosure Listing: Attached] [Service Date: 10/05/2015 ] [15-7057]–[Edited 10/06/2015 by AY] (Halbrook, Stephen)
10/05/2015 Open Document APPELLEE SUPPLEMENTAL BRIEF [1576616] filed by Joshua Akery, Second Amendment Foundation, Inc., Tyler Whidby and Brian Wrenn [Service Date: 10/05/2015 ] Length of Brief: 3,372 words. [15-7057] (Gura, Alan)
10/05/2015 Open Document APPELLANT SUPPLEMENTAL BRIEF [1576620] filed by DC and Cathy L. Lanier [Service Date: 10/05/2015 ] Length of Brief: 3,987 words.. [15-7057] (Johnson, Holly)
10/07/2015 Open Document CLERK’S ORDER [1577008] filed granting appellants’ consent motion to extend time to file the reply brief [1576312-2], The following revised briefing schedule will now apply: APPELLANT Reply Brief due 10/21/2015 [15-7057]
10/07/2015 CONSENT AMICUS FOR APPELLEE BRIEF [1577143] filed by California Rifle and Pistol Association Foundation and Robert J. Cottrol Joyce Lee Malcolm, Clayton Cramer, Nicholas Johnson, David B. Kopel [Service Date: 10/07/2015 ] Length of Brief: 6,818 Words. [15-7057]–[Edited 10/08/2015 by AY–INCORRECT DOCKET ENTRY-DISREGARD] (Halbrook, Stephen)
10/07/2015 Open Document AMICUS FOR APPELLEE BRIEF [1577146] filed by National Rifle Association of America [Service Date: 10/07/2015 ] Length of Brief: 6988 words. [15-7057] (Cooper, Charles)
10/08/2015 Open Document CORRECTED AMICUS FOR APPELLEE BRIEF [1577261] filed by California Rifle and Pistol Association Foundation, Robert J. Cottrol, Clayton Cramer, Nicholas Johnson, David B. Kopel and Joyce Lee Malcolm [Service Date: 10/07/2015 ] Length of Brief: 6,818 Words. [15-7057] (Halbrook, Stephen)

Update by Charles Nichols, President of California Right To Carry – September 30,  2015 – There has been a lot of new activity since my last update.  Notably, the Appellee’s brief was filed today.

09/03/2015 Open Document SEPARATE STATUTORY ADDENDUM [1571475] filed by Everytown for Gun Safety to Amicus brief [1571474-2] [Service Date:09/03/2015 ] [15-7057] (Gupta, Deepak)
09/03/2015 Open Document AMENDED NOTICE [1571476] filed by The Brady Center to Prevent Gun Violence, The Law Center to Prevent Gun Violence, The Violence Policy Center of intention to participate as amicus curiae. [Disclosure Listing: Attached] [Service Date: 09/03/2015 ] [15-7057] (Levin, Adam)
09/03/2015 Open Document AMICUS FOR APPELLANT BRIEF [1571477] filed by Brady Center to Prevent Gun Violence, Law Center to Prevent Gun Violence and Violence Policy Center [Service Date: 09/03/2015 ] Length of Brief: 5,407 Words. [15-7057]–[Edited 09/04/2015 by AY] (Levin, Adam)
09/03/2015 Open Document NOTICE [1571490] filed by States of Maryland, California, Connecticut, Hawaii, Illinois, Massachusetts, and New York of intention to participate as amicus curiae. [Disclosure Listing: Not Applicable to this Party] [Service Date: 09/03/2015 ] [15-7057] (Auerbach, Joshua)
09/03/2015 Open Document AMICUS FOR APPELLANT BRIEF [1571491] filed by State of California, State of Hawaii, State of Illinois, State of Maryland, State of Massachusetts and State of New York [Service Date: 09/03/2015 ] Length of Brief: 4,875 words. [15-7057]–[Edited 09/04/2015 by AY–MODIFIED EVENT] (Auerbach, Joshua)
09/10/2015 Open Document CORRECTED AMICUS FOR APPELLANT BRIEF [1572443] filed by Everytown for Gun Safety [Service Date: 09/10/2015 ] Length of Brief: 6,999 Words. [15-7057] (Gupta, Deepak)
09/15/2015 Open Document PER CURIAM ORDER [1573094] filed, on the court’s own motion, that the parties file simultaneous supplemental briefs, not to exceed 4,000 words, addressing the following questions: (1) Whether Senior District Judge Frederick J. Scullin, Jr. of the Northern District of New York was authorized by the notice of designation and assignment of July 1, 2011, or any other notice of designation and assignment, to enter any order in this case. See 28 U.S.C. §§ 294-296. (2) Whether, if Judge Scullin was not so authorized, he lacked jurisdiction to adjudicate the case. See Frad v. Kelly, 302 U.S. 312 (1937). In addition to the electronic filing, 8 paper copies of the briefs of appellants and appellees are due on or before September 28, 2015. [15-7057]
09/15/2015 Open Document CONSENT UNOPPOSED MOTION [1573190] filed by Joshua Akery, Second Amendment Foundation, Inc., Tyler Whidby and Brian Wrenn to extend time to file brief to 10/05/2015. [Service Date: 09/15/2015 ] Pages: 1-10. [15-7057] (Gura, Alan)
09/17/2015 Open Document PER CURIAM ORDER [1573567] filed granting appellees’ consent motion to enlarge the supplemental briefing schedule [1573190-2], The following revised supplemental briefing schedule will now apply: APPELLANT Supplemental Brief due 10/05/2015. APPELLEE Supplemental Brief due on 10/05/2015. Before Judges: Pillard, Silberman and Sentelle. [15-7057]
09/30/2015 Open Document APPELLEE BRIEF [1575770] filed by Joshua Akery, Second Amendment Foundation, Inc., Tyler Whidby and Brian Wrenn [Service Date: 09/30/2015 ] Length of Brief: 13,987 words. [15-7057] (Gura, Alan)

 

Update by Charles Nichols, President of California Right To Carry – September 2,  2015 – This is the appeal of a preliminary injunction, a preliminary injunction which has been stayed pending appeal.  Appeals of preliminary injunctions are given priority over most other cases but it was a surprise to see that oral arguments have been scheduled for Friday, November 20th.  The Reply Brief isn’t even due until October 14, 2015 and it is the rare reply brief which doesn’t ask for, and is granted an extension of time to file.  Order:

“It is ORDERED, on the court’s own motion, that this case be scheduled for oral argument on November 20, 2015, at 9:30 A.M. The composition of the argument panel will usually be revealed thirty days prior to the date of oral argument on the court’s web site at www.cadc.uscourts.gov. The time and date of oral argument will not change absent further order of the Court.
A separate order will be issued regarding the allocation of time for argument.”

09/02/2015 Open Document CLERK’S ORDER [1571213] filed scheduling oral argument on Friday, 11/20/2015. [15-7057]

Update by Charles Nichols, President of California Right To Carry – August 27,  2015 – The following documents were filed in the appeal today: Appellant Opening BriefJoint Appendix, and Separate Statutory Addendum.  Please note that these are large files and I have had reports in the past of people being unable to view them from their portable devices.  The only thing I can suggest is that you download the documents to your desktop and then open then with a stand alone pdf viewer.

Also, we have the NRA and “DC Appleseed Center” following Everytown for Gun Safety in seeking to become an Amicus in the appeal.

08/18/2015 Open Document NOTICE filed [1568349] by National Rifle Association of America, Inc. of intention to participate as amicus curiae. [Disclosure Listing: Attached] [Service Date: 08/18/2015 ] [15-7057] (Cooper, Charles)
08/24/2015 Open Document CONSENT NOTICE filed [1569375] by DC Appleseed Center for Law & Justice of intention to participate as amicus curiae. [Disclosure Listing: Attached] [Service Date: 08/24/2015 ] [15-7057] (Wolfson, Paul)
08/27/2015 Open Document APPELLANT BRIEF [1570115] filed by DC and Cathy L. Lanier [Service Date: 08/27/2015 ] Length of Brief: 13,921 words. [15-7057]–[Edited 08/27/2015 by AY] (Johnson, Holly)
08/27/2015 Open Document JOINT APPENDIX [1570117] filed by DC and Cathy L. Lanier. [Volumes: 1] [Service Date: 08/27/2015 ] [15-7057] (Johnson, Holly)
08/27/2015 Open Document SEPARATE STATUTORY ADDENDUM FILED [1570118] by DC and Cathy L. Lanier to Appellant/Petitioner brief [1570115-2] [Service Date:08/27/2015 ] [15-7057] (Johnson, Holly)

Update by Charles Nichols, President of California Right To Carry – August 7,  2015 – The court of appeals extended the briefing schedule on July 31, 2015.  Also, I checked the district court docket and there has been no new activity.  I do not expect that there will be until the appeal is resolved.

General Docket
United States Court of Appeals for District of Columbia Circuit
Court of Appeals Docket #: 15-7057 Docketed: 06/11/2015
Nature of Suit: 3950 Constitutionality of State Statutes
Brian Wrenn, et al v. DC, et al
Appeal From: United States District Court for the District of Columbia
Fee Status: Fee Waived
Case Type Information:
     1) Civil Private
     2) Private
     3)
Originating Court Information:
     District: 0090-1 : 1:15-cv-00162-FJS Lead: 1:15-cv-00162-FJS
     Trial Judge: Frederick J. Scullin, Junior, U.S. Senior District Judge
     Date Filed: 02/03/2015
     Date Order/Judgment:      Date NOA Filed:
     05/28/2015      06/10/2015

06/25/2015 Open Document REPLY FILED [1559545] by DC and Cathy L. Lanier to response [1558971-2] [Service Date: 06/25/2015 by CM/ECF NDA] Pages: 1-10. [15-7057] (Johnson, Holly)
06/29/2015 Open Document PER CURIAM ORDER filed [1559916] It is ORDERED that the administrative stay be dissolved. It is FURTHER ORDERED that the motion for stay [1557050-2] be granted and the district court’s order filed May 18, 2015, granting appellees’ motion for a preliminary injunction, be stayed pending further order of the court. It is FURTHER ORDERED, on the court’s own motion, that consideration of this appeal be expedited in accordance with 28 U.S.C. 1657(a). The Clerk is directed to enter a briefing schedule and to calendar this case for oral argument on an appropriate date following the completion of briefing. Before Judges: Henderson, Tatel and Brown. [15-7057]
06/29/2015 Open Document CLERK’S ORDER filed [1559918] setting the following briefing schedule: APPELLANTS’ BRIEF due 08/10/2015. APPENDIX due 08/10/2015. APPELLEES’ BRIEF due 09/09/2015. APPELLANTS’ REPLY BRIEF due 09/23/2015. [15-7057]
07/01/2015 Open Document NOTICE filed [1560487] by The Brady Center to Prevent Gun Violence of intention to participate as amicus curiae. [Disclosure Listing: Not Attached] [Service Date: 07/01/2015 ] [15-7057]–[Edited 07/08/2015 by LMF] (Levin, Adam)
07/08/2015 Open Document STATEMENT FILED [1561508] by Brady Center to Prevent Gun Violence with Disclosure Listing [Service Date: 07/08/2015 ] [15-7057] (Levin, Adam)
07/09/2015 Open Document MOTION filed [1561663] by DC and Cathy L. Lanier to extend time to file brief to 08/27/2015. (Response to Motion served by mail due on 07/23/2015) [Service Date: 07/09/2015 by CM/ECF NDA] Pages: 1-10. [15-7057] (Johnson, Holly)
07/10/2015 Open Document RESPONSE IN SUPPORT FILED [1561981] by Joshua Akery, Second Amendment Foundation, Inc., Tyler Whidby and Brian Wrenn to motion to extend time [1561663-2] [Service Date: 07/10/2015 by CM/ECF NDA] Pages: 1-10. [15-7057] (Gura, Alan)
07/10/2015 Open Document REPLY FILED [1562018] by DC and Cathy L. Lanier to response [1561981-2] [Service Date: 07/10/2015 by CM/ECF NDA] Pages: 1-10. [15-7057] (Johnson, Holly)
07/16/2015 Open Document PER CURIAM ORDER filed [1562737] granting motion to extend briefing schedule [1561663-2]; setting the following revised briefing schedule: APPELLANTS’ BRIEF due 08/27/2015. APPENDIX due 08/27/2015. APPELLEES’ BRIEF due 09/30/2015. REPLY BRIEF due 10/14/2015. Before Judges: Brown, Kavanaugh and Pillard. [15-7057]
07/31/2015 Open Document CONSENT NOTICE filed [1565691] by Everytown for Gun Safety of intention to participate as amicus curiae. [Disclosure Listing: Not Attached] [Service Date: 07/31/2015 ] [15-7057] (Gupta, Deepak)

 

Update by Charles Nichols, President of California Right To Carry – July 13,  2015 – The district court issued the following order on July 6, 2015 (Dkt #32):

ORDER
In light of developments since the Court filed its Memorandum-Decision and Order dated May 18, 2015, in particular the Order of the United States Court of Appeals for the District of Columbia Circuit filed on June 29, 2015, which granted Defendants’ motion for a stay pending appeal, the Court hereby ORDERS that Plaintiffs’ motion to hold Defendants in contempt is DENIED; and the Court further ORDERS that Defendants’ motion for a stay pending appeal is DENIED as moot.  IT IS SO ORDERED.

I suspect that we will not get a decision on the motion for a permanent injunction by the district court until the appeal is resolved.  Given that the district court decision relied heavily on the now vacated decision in Peruta v. San Diego I suspect that both the district court and the court of appeals is going to wait and see what the en banc decision in Peruta v. San Diego/Richards v. Prieto has to say.

Doc.
No.
Dates Description
32
Filed & Entered:   07/06/2015
Docket Text Order on Motion for Order to Show Cause
30
Filed & Entered:   06/26/2015
Docket Text Reply to opposition to Motion
31
Filed & Entered:   06/26/2015
Docket Text Reply to opposition to Motion

 

Update by Charles Nichols, President of California Right To Carry – June 30,  2015 – The court of appeals has stayed the preliminary injunction pending a further order of the court of appeals.  Fortunately, this is an “expedited” appeal which is typically the case involving an appeal of a preliminary injunction.

06/29/2015 Open Document PER CURIAM ORDER filed [1559916] It is ORDERED that the administrative stay be dissolved. It is FURTHER ORDERED that the motion for stay [1557050-2] be granted and the district court’s order filed May 18, 2015, granting appellees’ motion for a preliminary injunction, be stayed pending further order of the court. It is FURTHER ORDERED, on the court’s own motion, that consideration of this appeal be expedited in accordance with 28 U.S.C. 1657(a). The Clerk is directed to enter a briefing schedule and to calendar this case for oral argument on an appropriate date following the completion of briefing. Before Judges: Henderson, Tatel and Brown. [15-7057]
06/29/2015 Open Document CLERK’S ORDER filed [1559918] setting the following briefing schedule: APPELLANTS’ BRIEF due 08/10/2015. APPENDIX due 08/10/2015. APPELLEES’ BRIEF due 09/09/2015. APPELLANTS’ REPLY BRIEF due 09/23/2015. [15-7057]
General Docket
United States Court of Appeals for District of Columbia Circuit
Court of Appeals Docket #: 15-7057 Docketed: 06/11/2015
Nature of Suit: 3950 Constitutionality of State Statutes
Brian Wrenn, et al v. DC, et al
Appeal From: United States District Court for the District of Columbia
Fee Status: Fee Waived
Case Type Information:
     1) Civil Private
     2) Private
     3)
Originating Court Information:
     District: 0090-1 : 1:15-cv-00162-FJS Lead: 1:15-cv-00162-FJS
     Trial Judge: Frederick J. Scullin, Junior, U.S. Senior District Judge
     Date Filed: 02/03/2015
     Date Order/Judgment:      Date NOA Filed:
     05/28/2015      06/10/2015

06/12/2015 Open Document MODIFIED EVENT–PER CURIAM ORDER filed [1557311] that the district court’s order filed May 18, 2015, granting plaintiffs’ motion for a preliminary injunction, be stayed pending further order of the court. The purpose of this administrative stay is to give the court sufficient opportunity to consider the merits of the motion for stay and should not be construed in any way as a ruling on the merits of that motion. [1557050-3]; denying motion to stay briefing [1557181-2]; that appellees file a response to the motion for stay pending appeal by 12:00 noon, Thursday, June 18, 2015, and that appellants file any reply by 12:00 noon, Monday, June 22, 2015. The parties are directed to hand-deliver the paper copies of their submissions to the court by the time and date due. [15-7057]. Before Judges: Tatel, Brown and Millett. [15-7057]–[Edited 06/12/2015 by LMC]
06/12/2015 Open Document UNOPPOSED MOTION filed [1557315] by Joshua Akery, Second Amendment Foundation, Inc., Tyler Whidby and Brian Wrenn to extend time to file response to 06/22/2015. [Service Date: 06/12/2015 ] Pages: 1-10. [15-7057] (Gura, Alan)
06/15/2015 Open Document CLERK’S ORDER filed [1557571] granting consent motion to extend time [1557315-2]. Appellees’ response to the motion for stay is now due by 4:00 p.m., Monday, June 22, 2015. Any reply by appellants is due by 12:00 noon, Friday, June 26, 2015. [15-7057]
06/22/2015 Open Document ENTRY OF APPEARANCE [1558943] filed by Alan Gura on behalf of Appellees Joshua Akery, Second Amendment Foundation, Inc., Tyler Whidby and Brian Wrenn. [15-7057] (Gura, Alan)
06/22/2015 Open Document CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [1558947] filed by Joshua Akery, Second Amendment Foundation, Inc., Tyler Whidby and Brian Wrenn [Service Date: 06/22/2015 ] [15-7057] (Gura, Alan)
06/22/2015 Open Document STATEMENT FILED [1558953] by Second Amendment Foundation, Inc. with Disclosure Listing [Service Date: 06/22/2015 ] [15-7057] (Gura, Alan)
06/22/2015 Open Document RESPONSE IN OPPOSITION FILED [1558971] by Joshua Akery, Second Amendment Foundation, Inc., Tyler Whidby and Brian Wrenn to motion to stay case [1557050-2], motion for other relief [1557050-3] [Service Date: 06/22/2015 by CM/ECF NDA] Pages: 21-30. [15-7057] (Gura, Alan)
06/25/2015 Open Document REPLY FILED [1559545] by DC and Cathy L. Lanier to response [1558971-2] [Service Date: 06/25/2015 by CM/ECF NDA] Pages: 1-10. [15-7057] (Johnson, Holly)
06/29/2015 Open Document PER CURIAM ORDER filed [1559916] It is ORDERED that the administrative stay be dissolved. It is FURTHER ORDERED that the motion for stay [1557050-2] be granted and the district court’s order filed May 18, 2015, granting appellees’ motion for a preliminary injunction, be stayed pending further order of the court. It is FURTHER ORDERED, on the court’s own motion, that consideration of this appeal be expedited in accordance with 28 U.S.C. 1657(a). The Clerk is directed to enter a briefing schedule and to calendar this case for oral argument on an appropriate date following the completion of briefing. Before Judges: Henderson, Tatel and Brown. [15-7057]
06/29/2015 Open Document CLERK’S ORDER filed [1559918] setting the following briefing schedule: APPELLANTS’ BRIEF due 08/10/2015. APPENDIX due 08/10/2015. APPELLEES’ BRIEF due 09/09/2015. APPELLANTS’ REPLY BRIEF due 09/23/2015. [15-7057]

 

Update by Charles Nichols, President of California Right To Carry – June 24,  2015 – The judge issued an order today cancelling the hearing.  His decision will be based on the briefs.  There have been additional filings in the court of appeals.

Full docket text for document 29:
TEXT ORDER: Due to a change in the Court’s calendar, the Court hereby ORDERS that oral arguments regarding the pending motions in this case are cancelled. The pending motions will be decided on the submitted papers. The Court further ORDERS that the scheduling conference in this case is adjourned without date. IT IS SO ORDERED by Judge Frederick J. Scullin, Jr. on 6/24/2015. (Scullin, Frederick)

Doc.
No.
Dates Description
29
Filed & Entered:   06/24/2015
Docket Text Order
27
Filed & Entered:   06/22/2015
Docket Text Memorandum in Opposition
28
Filed & Entered:   06/22/2015
Docket Text Memorandum in Opposition
Filed: 06/12/2015
Entered: 06/15/2015
Docket Text USCA Case Number
26
Filed: 06/12/2015
Entered: 06/15/2015
Docket Text USCA Order

And From The Court of Appeals

06/12/2015 Open Document UNOPPOSED MOTION filed [1557315] by Joshua Akery, Second Amendment Foundation, Inc., Tyler Whidby and Brian Wrenn to extend time to file response to 06/22/2015. [Service Date: 06/12/2015 ] Pages: 1-10. [15-7057] (Gura, Alan)
06/15/2015 Open Document CLERK’S ORDER filed [1557571] granting consent motion to extend time [1557315-2]. Appellees’ response to the motion for stay is now due by 4:00 p.m., Monday, June 22, 2015. Any reply by appellants is due by 12:00 noon, Friday, June 26, 2015. [15-7057]
06/22/2015 Open Document ENTRY OF APPEARANCE [1558943] filed by Alan Gura on behalf of Appellees Joshua Akery, Second Amendment Foundation, Inc., Tyler Whidby and Brian Wrenn. [15-7057] (Gura, Alan)
06/22/2015 Open Document CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [1558947] filed by Joshua Akery, Second Amendment Foundation, Inc., Tyler Whidby and Brian Wrenn [Service Date: 06/22/2015 ] [15-7057] (Gura, Alan)
06/22/2015 Open Document STATEMENT FILED [1558953] by Second Amendment Foundation, Inc. with Disclosure Listing [Service Date: 06/22/2015 ] [15-7057] (Gura, Alan)
06/22/2015 Open Document RESPONSE IN OPPOSITION FILED [1558971] by Joshua Akery, Second Amendment Foundation, Inc., Tyler Whidby and Brian Wrenn to motion to stay case [1557050-2], motion for other relief [1557050-3] [Service Date: 06/22/2015 by CM/ECF NDA] Pages: 21-30. [15-7057] (Gura, Alan)

Update by Charles Nichols, President of California Right To Carry – June 15,  2015 – The preliminary injunction has been stayed by the court of appeals.

06/12/2015 Open Document MODIFIED EVENT–PER CURIAM ORDER filed [1557311] that the district court’s order filed May 18, 2015, granting plaintiffs’ motion for a preliminary injunction, be stayed pending further order of the court. The purpose of this administrative stay is to give the court sufficient opportunity to consider the merits of the motion for stay and should not be construed in any way as a ruling on the merits of that motion. [1557050-3]; denying motion to stay briefing [1557181-2]; that appellees file a response to the motion for stay pending appeal by 12:00 noon, Thursday, June 18, 2015, and that appellants file any reply by 12:00 noon, Monday, June 22, 2015. The parties are directed to hand-deliver the paper copies of their submissions to the court by the time and date due. [15-7057]. Before Judges: Tatel, Brown and Millett. [15-7057]–[Edited 06/12/2015 by LMC]

 

General Docket
United States Court of Appeals for District of Columbia Circuit
Court of Appeals Docket #: 15-7057 Docketed: 06/11/2015
Nature of Suit: 3950 Constitutionality of State Statutes
Brian Wrenn, et al v. DC, et al
Appeal From: United States District Court for the District of Columbia
Fee Status: Fee Waived
Case Type Information:
     1) Civil Private
     2) Private
     3)
Originating Court Information:
     District: 0090-1 : 1:15-cv-00162-FJS Lead: 1:15-cv-00162-FJS
     Trial Judge: Frederick J. Scullin, Junior, U.S. Senior District Judge
     Date Filed: 02/03/2015
     Date Order/Judgment:      Date NOA Filed:
     05/28/2015      06/10/2015

06/11/2015 PRIVATE CIVIL CASE docketed. [15-7057]
06/11/2015 Open Document NOTICE OF APPEAL filed [1557030] by DC and Cathy L. Lanier seeking review of a decision by the U.S. District Court in 1:15-cv-00162-FJS. Assigned USCA Case Number [15-7057]
06/11/2015 Open Document ENTRY OF APPEARANCE [1557038] filed by Holly M. Johnson and co-counsel Todd S. Kim on behalf of Appellants DC and Cathy L. Lanier. [15-7057] (Johnson, Holly)
06/11/2015 Open Document RELIEF ADDED–EMERGENCY MOTION filed [1557050] by DC and Cathy L. Lanier to stay underlying order in case, and for an immediate administrative stay. (Response to Motion served by mail due on 06/25/2015) [Service Date: 06/11/2015 by CM/ECF NDA] Pages: 16-20. [15-7057]–[Edited 06/12/2015 by LMC] (Johnson, Holly)
06/12/2015 Open Document RESPONSE IN OPPOSITION FILED [1557146] by Joshua Akery, Second Amendment Foundation, Inc., Tyler Whidby and Brian Wrenn to motion to stay case [1557050-2] [Service Date: 06/12/2015 by CM/ECF NDA] Pages: 11-15. [15-7057] (Gura, Alan)
06/12/2015 Open Document MOTION filed [1557181] by Joshua Akery, Second Amendment Foundation, Inc., Tyler Whidby and Brian Wrenn TO STAY BRIEFING ON DEFENDANTS’ MOTION FOR STAY PENDING APPEAL [Service Date: 06/12/2015 by CM/ECF NDA] Pages: 1-10. (Response to Motion served by mail due on 06/25/2015) [15-7057] (Gura, Alan)
06/12/2015 Open Document EMERGENCY REPLY FILED [1557284] by DC and Cathy L. Lanier to response [1557146-2] [Service Date: 06/12/2015 by CM/ECF NDA] Pages: 1-10. [15-7057] (Johnson, Holly)
06/12/2015 Open Document MODIFIED EVENT–PER CURIAM ORDER filed [1557311] that the district court’s order filed May 18, 2015, granting plaintiffs’ motion for a preliminary injunction, be stayed pending further order of the court. The purpose of this administrative stay is to give the court sufficient opportunity to consider the merits of the motion for stay and should not be construed in any way as a ruling on the merits of that motion. [1557050-3]; denying motion to stay briefing [1557181-2]; that appellees file a response to the motion for stay pending appeal by 12:00 noon, Thursday, June 18, 2015, and that appellants file any reply by 12:00 noon, Monday, June 22, 2015. The parties are directed to hand-deliver the paper copies of their submissions to the court by the time and date due. [15-7057]. Before Judges: Tatel, Brown and Millett. [15-7057]–[Edited 06/12/2015 by LMC]
06/12/2015 Open Document UNOPPOSED MOTION filed [1557315] by Joshua Akery, Second Amendment Foundation, Inc., Tyler Whidby and Brian Wrenn to extend time to file response to 06/22/2015. [Service Date: 06/12/2015 ] Pages: 1-10. [15-7057] (Gura, Alan)

Update by Charles Nichols, President of California Right To Carry – June 14,  2015 – The notice of appeal was filed on June 10th.  Notice of Appeal

Doc.
No.
Dates Description
25
Filed & Entered:   06/11/2015
Docket Text Transmission of Notice of Appeal and Docket Sheet to USCA
24
Filed & Entered:   06/10/2015
Docket Text Notice of Appeal to DC Circuit Court

 

Update by Charles Nichols, President of California Right To Carry – June 5,  2015 – The DKT #19 motion to expedite and for an administrative stay was denied (Dkt #22).  The plaintiffs filed a response (Dkt #23) and Defendants filed an update to the legislative history (Dkt #21).  In a nutshell, the preliminary injunction remains in effect.

Doc.
No.
Dates Description
23
Filed & Entered:   06/04/2015
Docket Text Reply to Document
21
Filed & Entered:   06/02/2015
Docket Text Notice (Other)
22
Filed & Entered:   06/02/2015
Docket Text Order on Motion to Expedite

Update by Charles Nichols, President of California Right To Carry – June 1,  2015 – An Answer to the Complaint was filed along with a Motion to Expedite.  19-1 – Proposed Order 19-2

Doc.
No.
Dates Description
19
Filed & Entered:   06/01/2015
Docket Text Motion to Expedite
20
Filed & Entered:   06/01/2015
Docket Text Answer to Complaint

Update May 28, 2015 by Charles Nichols – President of California Right To Carry – The motion for a stay was denied by the district court judge and DC filed a notice that one of the plaintiffs has received his permit and the others are preliminary approved once they complete their training.  DC faults the plaintiffs’ attorney, Alan Gura, for not following the local rules of the court to meet and confer before filing his motion.  13 – Order on Preliminary Injunction 14-1 Declaration 14-2 Ninty Day Letter 14-3 Proposed Order 14-Main Contempt Motion 15-1 Blank Order 15-Main Motion to Stay 16-1 Blank Denial of Motion to Stay 16-MPA in Opposition to Stay 17 – Order Denying Stay 18-1 Declaration 18-DC Notice of Mootness

Full docket text:
TEXT NOTICE: of Hearing on the # [14] Motion for Order to Show Cause re CONTEMPT. Oral Argument is set for 7/7/2015 at 11:00 AM before Judge Frederick J. Scullin, Jr. Response to Motion due 6/22/2015. Reply to Response to Motion due 6/26/2015. Please note that the conference scheduled for 11:00 AM on 7/7/2015 will immediately follow oral argument on this motion. (Scullin, Frederick)

Doc.
No.
Dates Description
17
Filed & Entered:   05/28/2015
Docket Text Order
18
Filed & Entered:   05/28/2015
Docket Text Notice (Other)
Filed & Entered:   05/26/2015
Docket Text Notice of Hearing on Motion

Update May 27, 2015 by Charles Nichols – President of California Right To Carry – Gura filed a motion to hold DC in contempt for violating the preliminary injunction (Dkt #14).  DC filed a motion to stay (Dkt. #15) and Gura filed a memorandum in opposition to the stay (Dkt. # 16).

Full docket text:
TEXT NOTICE: of Hearing on the # [14] Motion for Order to Show Cause re CONTEMPT. Oral Argument is set for 7/7/2015 at 11:00 AM before Judge Frederick J. Scullin, Jr. Response to Motion due 6/22/2015. Reply to Response to Motion due 6/26/2015. Please note that the conference scheduled for 11:00 AM on 7/7/2015 will immediately follow oral argument on this motion. (Scullin, Frederick)

Doc.
No.
Dates Description
Filed & Entered:   05/26/2015
Docket Text Notice of Hearing on Motion
14
Filed & Entered:   05/26/2015
Docket Text Motion for Order to Show Cause
15
Filed & Entered:   05/26/2015
Docket Text Motion to Stay
16
Filed & Entered:   05/26/2015
Docket Text Memorandum in Opposition

Update May 23, 2015 by Charles Nichols – President of California Right To Carry – I forgot to mention that Wrenn filed his $1,000 with the court as required by the terms of the preliminary injunction.

Doc.
No.
Dates Description
Filed: 05/19/2015
Entered: 05/20/2015
Docket Text Deposit of

Full docket text:
DEPOSIT of Funds into the Registry of the Court in the amount of $ $1,000.00, Receipt Number 4616070156 pursuant to [13] Memorandum-Decision and Order by Plaintiffs. (jf)

Update May 18, 2015 by Charles Nichols – President of California Right To Carry – Judge Scullin issued a preliminary injunction against the “good reason” requirement and only the good reason requirement (that is all the preliminary injunction sought) for obtaining a concealed carry permit.  Here is a link to the Injunction.

Doc.
No.
Dates Description
13
Filed & Entered:   05/18/2015
Docket Text Order on Motion for Preliminary Injunction

Update May 7, 2015 – There has not been any activity since Dkt 12 (April 2, 2015).

Update April 18, 2015 – There has not been any activity since Dkt 12.

Update April 6, 2015 – The defendants filed a notice that the Peruta v. San Diego decision was vacated.  The Plaintiffs filed a notice that the appeal in Palmer v. DC was voluntarily dismissed.

Doc.
No.
Dates Description
12
Filed & Entered:   04/02/2015
Docket Text Notice (Other)
11
Filed & Entered:   03/27/2015
Docket Text Notice (Other)

Update March 17, 2015 – Not much has happened.

Doc.
No.
Dates Description
10
Filed & Entered:   02/27/2015
Docket Text Reply to opposition to Motion
9
Filed & Entered:   02/20/2015
Docket Text Memorandum in Opposition

Update February 12, 2015 – Full docket text for document 8:

ORDER: It is hereby ORDERED that the # [7] Consent Motion for Extension of Time is GRANTED. It is further ORDERED that the District’s response to the Complaint is due on or before two weeks from the date of the Court’s decision on plaintiffs’ pending Motion for Preliminary Injunction. Signed by Judge Frederick J. Scullin, Jr. on 2/12/2015. (Scullin, Frederick)

 

Here is the Federal District Court Docket.  You will need a Federal PACER Account to access the filings from the docket.


 



 

General Docket
United States Court of Appeals for District of Columbia Circuit
Court of Appeals Docket #: 16-7025 Docketed: 03/15/2016
Nature of Suit: 3950 Constitutionality of State Statutes
Brian Wrenn, et al v. DC, et al
Appeal From: United States District Court for the District of Columbia
Fee Status: Fee Paid
Case Type Information:
     1) Civil Private
     2) Private
     3)
Originating Court Information:
     District: 0090-1 : 1:15-cv-00162-CKK Lead: 1:15-cv-00162-CKK
     Court Reporter: Lisa Foradori, Court Reporter
     Motions Judge: Colleen Kollar-Kotelly, U.S. District Judge
     Date Filed: 02/03/2015
     Date Order/Judgment:      Date NOA Filed:
     03/07/2016      03/07/2016
Prior Cases:
     None
Current Cases:
     None
Panel Assignment:      Not available
Brian Wrenn
Plaintiff – Appellant
Alan Gura
Direct: 703-835-9085
Email: alan@gurapossessky.com
Fax: 703-997-7665
[COR NTC Retained]
Gura & Possessky, PLLC
Firm: 703-835-9085
916 Prince Street
Suite 107
Alexandria, VA 22314
Joshua Akery
Plaintiff – Appellant
Alan Gura
Direct: 703-835-9085
[COR NTC Retained]
(see above)
Tyler Whidby
Plaintiff – Appellant
Alan Gura
Direct: 703-835-9085
[COR NTC Retained]
(see above)
Second Amendment Foundation, Inc.
Plaintiff – Appellant
Alan Gura
Direct: 703-835-9085
[COR NTC Retained]
(see above)
                    v.
District of Columbia
Defendant – Appellee
Loren L. AliKhan, Deputy Solicitor General
Email: Loren.AliKhan@dc.gov
[COR LD NTC Gvt DC OAG]
Office of the Attorney General, District of Columbia
Office of the Solicitor General
Firm: 202-727-3400
441 4th Street, NW
One Judiciary Square, Sixth Floor
Washington, DC 20001-2714Holly Michelle Johnson, Assistant Attorney General
Email: holly.johnson@dc.gov
[COR NTC Gvt DC OAG]
Office of the Attorney General, District of Columbia
Office of the Solicitor General
Firm: 202-727-3400
441 4th Street, NW
One Judiciary Square, Sixth Floor
Washington, DC 20001-2714Todd Sunhwae Kim, Solicitor General
Email: todd.kim@dc.gov
[COR NTC Gvt DC OAG]
Office of the Attorney General, District of Columbia
Office of the Solicitor General
Firm: 202-727-3400
441 4th Street, NW
One Judiciary Square, Sixth Floor
Washington, DC 20001-2714Richard Stuart Love, Assistant Attorney General
Email: richard.love@dc.gov
[COR NTC Gvt DC OAG]
Office of the Attorney General, District of Columbia
Office of the Solicitor General
Firm: 202-727-3400
441 4th Street, NW
One Judiciary Square, Sixth Floor
Washington, DC 20001-2714
Cathy L. Lanier
Defendant – Appellee
Loren L. AliKhan, Deputy Solicitor General
[COR LD NTC Gvt DC OAG]
(see above)Holly Michelle Johnson, Assistant Attorney General
[COR NTC Gvt DC OAG]
(see above)Todd Sunhwae Kim, Solicitor General
[COR NTC Gvt DC OAG]
(see above)Richard Stuart Love, Assistant Attorney General
[COR NTC Gvt DC OAG]
(see above)

Brian Wrenn; Joshua Akery; Tyler Whidby; Second Amendment Foundation, Inc.,

Plaintiffs – Appellants

v.

District of Columbia; Cathy L. Lanier,

Defendants – Appellees

03/15/2016 PRIVATE CIVIL CASE docketed. [16-7025]
03/15/2016 Open Document
41 pg, 247.34 KB
NOTICE OF APPEAL [1604125] filed by Joshua Akery, Second Amendment Foundation, Inc., Tyler Whidby and Brian Wrenn seeking review of a decision by the U.S. District Court in 1:15-cv-00162-CKK. Appeal assigned USCA Case Number: 16-7025. [16-7025]
03/15/2016 Open Document
2 pg, 46.01 KB
CLERK’S ORDER [1604127] filed directing party to file initial submissions: APPELLANT docketing statement due 04/14/2016. APPELLANT certificate as to parties, etc. due 04/14/2016. APPELLANT statement of issues due 04/14/2016. APPELLANT underlying decision due 04/14/2016. APPELLANT deferred appendix statement due 04/14/2016. APPELLANT notice of appearance due 04/14/2016. APPELLANT transcript status report due 04/14/2016. APPELLANT procedural motions due 04/14/2016. APPELLANT dispositive motions due 04/29/2016. Directing party to file initial submissions: APPELLEE certificate as to parties, etc. due 04/14/2016. APPELLEE entry of appearance due 04/14/2016. APPELLEE procedural motions due 04/14/2016. APPELLEE dispositive motions due 04/29/2016 [16-7025]
04/13/2016 Open Document
2 pg, 93.09 KB
ENTRY OF APPEARANCE [1608417] filed by Holly M. Johnson and co-counsel Todd S. Kim Loren L. AliKhan on behalf of Appellees DC and Cathy L. Lanier. [16-7025] (Johnson, Holly)
04/13/2016 Open Document
4 pg, 267.59 KB
CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [1608418] filed by DC and Cathy L. Lanier [Service Date: 04/13/2016 ] [16-7025] (Johnson, Holly)
04/13/2016 Open Document
2 pg, 367.76 KB
ENTRY OF APPEARANCE [1608493] filed by Alan Gura on behalf of Appellants Joshua Akery, Second Amendment Foundation, Inc., Tyler Whidby and Brian Wrenn. [16-7025] (Gura, Alan)
04/13/2016 Open Document
2 pg, 551.94 KB
DOCKETING STATEMENT [1608496] filed by Joshua Akery, Second Amendment Foundation, Inc., Tyler Whidby and Brian Wrenn [Service Date: 04/13/2016 ] [16-7025] (Gura, Alan)
04/13/2016 Open Document
5 pg, 56.57 KB
CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [1608497] filed by Joshua Akery, Second Amendment Foundation, Inc., Tyler Whidby and Brian Wrenn [Service Date: 04/13/2016 ] [16-7025] (Gura, Alan)
04/13/2016 Open Document
2 pg, 39.57 KB
STATEMENT OF INTENT REGARDING APPENDIX DEFERRAL [1608499] filed by Joshua Akery, Second Amendment Foundation, Inc., Tyler Whidby and Brian Wrenn [Service Date: 04/13/2016 ] Intent: AppxNotDeferred [16-7025] (Gura, Alan)
04/13/2016 Open Document
2 pg, 328.86 KB
TRANSCRIPT STATUS REPORT [1608502] filed by Joshua Akery, Second Amendment Foundation, Inc., Tyler Whidby and Brian Wrenn [Service Date: 04/13/2016 ]. Status of Transcripts: Final – No transcripts are needed for the appeal. [16-7025] (Gura, Alan)
04/13/2016 Open Document
33 pg, 174.83 KB
UNDERLYING DECISION IN CASE [1608504] submitted by Joshua Akery, Second Amendment Foundation, Inc., Tyler Whidby and Brian Wrenn [Service Date: 04/13/2016 ] [16-7025] (Gura, Alan)
04/13/2016 Open Document
3 pg, 42.64 KB
STATEMENT OF ISSUES [1608506] filed by Joshua Akery, Second Amendment Foundation, Inc., Tyler Whidby and Brian Wrenn [Service Date: 04/13/2016 ] [16-7025] (Gura, Alan)
04/25/2016 Open Document
31 pg, 195.43 KB
EMERGENCY MOTION [1610248] filed by Joshua Akery, Second Amendment Foundation, Inc., Tyler Whidby and Brian Wrenn Stay of District Court Proceedings Pending Appeal. (Response to Motion served by mail due on 05/09/2016) [Service Date: 04/25/2016 by CM/ECF NDA] Pages: 21-30. [16-7025] (Gura, Alan)
04/28/2016 Open Document
22 pg, 202.12 KB
RESPONSE IN OPPOSITION [1610952] filed by DC and Cathy L. Lanier to motion for other relief [1610248-2] [Service Date: 04/28/2016 by CM/ECF NDA] Pages: 16-20. [16-7025] (Johnson, Holly)
05/03/2016 Open Document
8 pg, 71.31 KB
REPLY [1611575] filed by Joshua Akery, Second Amendment Foundation, Inc., Tyler Whidby and Brian Wrenn to response [1610952-2] [Service Date: 05/03/2016 by CM/ECF NDA] Pages: 1-10. [16-7025] (Gura, Alan)
05/04/2016 Open Document
1 pg, 40 KB
PER CURIAM ORDER [1611772] denying emergency motion for stay of district court proceedings pending appeal [1610248-2]. It is FURTHER ORDERED that this case will be heard on an expedited basis in accordance with 28 U.S.C. 1657(a). The Clerk is directed to enter a standard briefing schedule and calendar the case for oral argument in September 2016. Before Judges: Rogers, Kavanaugh and Wilkins. [16-7025]
05/04/2016 Open Document
1 pg, 40.15 KB
CLERK’S ORDER [1611786] setting the following briefing schedule: APPELLANTS’ BRIEF due 06/13/2016. JOINT APPENDIX due 06/13/2016. APPELLEES’ BRIEF due 07/13/2016. APPELLANTS’ REPLY BRIEF due 07/27/2016. [16-7025]

 




1:15-cv-00162-CKK WRENN et al v. DISTRICT OF COLUMBIA et al
Colleen Kollar-Kotelly, presiding
Date filed: 02/03/2015
Date of last filing: 01/17/2017

History

 

Doc.
No.
Dates Description
Filed & Entered:   01/17/2017
Docket Text Order
Filed: 01/12/2017
Entered: 01/13/2017
Docket Text Status Conference
Filed: 11/30/2016
Entered: 12/01/2016
Docket Text Set/Reset Deadlines/Hearings
77
Filed & Entered:   11/30/2016
Docket Text Order on Motion to Modify
76
Filed & Entered:   11/29/2016
Terminated: 11/30/2016
Docket Text Motion to Modify
74
Filed & Entered:   10/03/2016
Docket Text Notice (Other)
75
Filed & Entered:   10/03/2016
Docket Text Notice of Appearance
Filed & Entered:   09/27/2016
Docket Text Order on Motion for Leave to Appear Pro Hac Vice
73
Filed & Entered:   09/22/2016
Terminated: 09/27/2016
Docket Text Motion for Leave to Appear Pro Hac Vice
71
Filed & Entered:   08/17/2016
Docket Text Notice (Other)
72
Filed & Entered:   08/17/2016
Docket Text Stipulation of Dismissal
70
Filed & Entered:   07/08/2016
Docket Text Notice of Change of Address
69
Filed & Entered:   05/20/2016
Docket Text Status Report
68
Filed & Entered:   05/19/2016
Docket Text Notice of Withdrawal of Appearance
Filed & Entered:   05/09/2016
Docket Text Scheduling Conference
66
Filed & Entered:   05/09/2016
Docket Text Status Report
67
Filed & Entered:   05/09/2016
Docket Text Scheduling Order
64
Filed & Entered:   05/06/2016
Docket Text Meet and Confer Statement
65
Filed & Entered:   05/06/2016
Docket Text Notice of Appearance
63
Filed & Entered:   04/15/2016
Docket Text Order on Motion to Stay
61
Filed & Entered:   04/14/2016
Docket Text Meet and Confer Statement
62
Filed & Entered:   04/14/2016
Docket Text Reply to opposition to Motion
60
Filed & Entered:   04/04/2016
Docket Text Memorandum in Opposition
Filed & Entered:   03/31/2016
Docket Text Order on Motion to Continue
Filed: 03/31/2016
Entered: 04/01/2016
Docket Text Set/Reset Hearings
59
Filed & Entered:   03/18/2016
Terminated: 04/15/2016
Docket Text Motion to Stay
Filed: 03/15/2016
Entered: 03/17/2016
Docket Text USCA Case Number
58
Filed & Entered:   03/09/2016
Terminated: 03/31/2016
Docket Text Motion to Continue
57
Filed & Entered:   03/08/2016
Docket Text Transmission of Notice of Appeal and Docket Sheet to USCA
Filed: 03/07/2016
Entered: 03/08/2016
Docket Text Set/Reset Hearings
54
Filed & Entered:   03/07/2016
Docket Text Memorandum & Opinion
55
Filed & Entered:   03/07/2016
Docket Text Notice of Appeal to DC Circuit Court
56
Filed & Entered:   03/07/2016
Docket Text Order
53
Filed & Entered:   03/02/2016
Docket Text Surreply
52
Filed & Entered:   02/26/2016
Docket Text Order
51
Filed & Entered:   02/25/2016
Docket Text Reply to opposition to Motion
50
Filed & Entered:   02/23/2016
Docket Text Notice (Other)
Filed & Entered:   02/18/2016
Docket Text Set/Reset Deadlines
Filed & Entered:   02/18/2016
Docket Text Order on Motion for Leave to File
45
Filed & Entered:   02/18/2016
Docket Text Notice of Appearance
46
Filed & Entered:   02/18/2016
Terminated: 02/18/2016
Docket Text Motion for Leave to File
47
Filed & Entered:   02/18/2016
Docket Text Amicus Brief
48
Filed & Entered:   02/18/2016
Docket Text Memorandum in Opposition
49
Filed: 02/18/2016
Entered: 02/19/2016
Docket Text Amicus Brief
Filed & Entered:   02/12/2016
Docket Text Order
Filed & Entered:   02/12/2016
Docket Text Telephone Conference
Filed & Entered:   02/11/2016
Docket Text Order
Filed & Entered:   02/11/2016
Docket Text Order
Filed: 02/11/2016
Entered: 02/12/2016
Docket Text Set/Reset Hearings
43
Filed & Entered:   02/11/2016
Docket Text Notice of Related Case
44
Filed & Entered:   02/11/2016
Docket Text Status Report
42
Filed & Entered:   02/10/2016
Docket Text Notice of Related Case
Filed & Entered:   02/09/2016
Docket Text Case Assigned/Reassigned
Filed & Entered:   02/09/2016
Docket Text Order on Motion to Reassign Case
Filed & Entered:   02/09/2016
Docket Text Set/Reset Deadlines
41
Filed & Entered:   02/09/2016
Docket Text Order
38
Filed & Entered:   02/08/2016
Docket Text Notice of Change of Address
39
Filed & Entered:   02/08/2016
Docket Text Response to motion
40
Filed & Entered:   02/08/2016
Docket Text NOTICE OF SUPPLEMENTAL AUTHORITY
37
Filed: 02/05/2016
Entered: 02/08/2016
Docket Text USCA Mandate
Filed & Entered:   10/29/2015
Docket Text Notice (Other)
35
Filed & Entered:   10/28/2015
Docket Text Memorandum in Opposition
36
Filed & Entered:   10/28/2015
Docket Text Reply to opposition to Motion
34
Filed & Entered:   10/26/2015
Terminated: 02/09/2016
Docket Text Motion for Extension of Time to File Response/Reply
33
Filed & Entered:   10/23/2015
Terminated: 02/09/2016
Docket Text Motion to Reassign Case
32
Filed & Entered:   07/06/2015
Docket Text Order on Motion for Order to Show Cause
30
Filed & Entered:   06/26/2015
Docket Text Reply to opposition to Motion
31
Filed & Entered:   06/26/2015
Docket Text Reply to opposition to Motion
29
Filed & Entered:   06/24/2015
Docket Text Order
27
Filed & Entered:   06/22/2015
Docket Text Memorandum in Opposition
28
Filed & Entered:   06/22/2015
Docket Text Memorandum in Opposition
Filed: 06/12/2015
Entered: 06/15/2015
Terminated: 02/05/2016
Docket Text USCA Case Number
26
Filed: 06/12/2015
Entered: 06/15/2015
Terminated: 02/05/2016
Docket Text USCA Order
25
Filed & Entered:   06/11/2015
Terminated: 02/05/2016
Docket Text Transmission of Notice of Appeal and Docket Sheet to USCA
24
Filed & Entered:   06/10/2015
Terminated: 02/05/2016
Docket Text Notice of Appeal to DC Circuit Court
23
Filed & Entered:   06/04/2015
Docket Text Reply to Document
21
Filed & Entered:   06/02/2015
Docket Text Notice (Other)
22
Filed & Entered:   06/02/2015
Docket Text Order on Motion to Expedite
19
Filed & Entered:   06/01/2015
Terminated: 06/02/2015
Docket Text Motion to Expedite
20
Filed & Entered:   06/01/2015
Docket Text Answer to Complaint
Filed & Entered:   05/29/2015
Docket Text Set/Reset Deadlines
17
Filed & Entered:   05/28/2015
Docket Text Order
18
Filed & Entered:   05/28/2015
Docket Text Notice (Other)
Filed & Entered:   05/26/2015
Docket Text Notice of Hearing on Motion
14
Filed & Entered:   05/26/2015
Terminated: 07/06/2015
Docket Text Motion for Order to Show Cause
15
Filed & Entered:   05/26/2015
Terminated: 07/06/2015
Docket Text Motion to Stay
16
Filed & Entered:   05/26/2015
Docket Text Memorandum in Opposition
Filed: 05/19/2015
Entered: 05/20/2015
Docket Text Deposit of
13
Filed & Entered:   05/18/2015
Docket Text Order on Motion for Preliminary Injunction
12
Filed & Entered:   04/02/2015
Docket Text Notice (Other)
11
Filed & Entered:   03/27/2015
Docket Text Notice (Other)
10
Filed & Entered:   02/27/2015
Docket Text Reply to opposition to Motion
9
Filed & Entered:   02/20/2015
Docket Text Memorandum in Opposition
7
Filed & Entered:   02/12/2015
Terminated: 02/12/2015
Docket Text Motion for Extension of Time to
8
Filed & Entered:   02/12/2015
Docket Text Order on Motion for Extension of Time to
Filed & Entered:   02/06/2015
Docket Text Set Motion and R&R Deadlines/Hearings
5
Filed & Entered:   02/06/2015
Docket Text Notice of Appearance
6
Filed & Entered:   02/06/2015
Terminated: 05/18/2015
Docket Text Motion for Preliminary Injunction
Filed & Entered:   02/03/2015
Docket Text Case Assigned/Reassigned
1
Filed & Entered:   02/03/2015
Docket Text Complaint
2
Filed & Entered:   02/03/2015
Docket Text Notice of Related Case
3
Filed & Entered:   02/03/2015
Docket Text Corporate Disclosure Statement
4
Filed & Entered:   02/03/2015
Docket Text Summons Issued Electronically as to DC Attorney General, Mayor and DC Defendnat

 

 

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