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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

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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

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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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James Rothery, et al. v. County of Sacramento, et al., - Concealed Carry - 09-16852

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It has been 3128 days since this case was filed!

It has been 2771 days since the appeal was filed!

It has been 94 days since the Reply Brief was filed!

Ironically, although this is a concealed carry appeal, it has priority over every other Second Amendment carry case (preliminary injunctions notwithstanding) because the priority is based on when the notice of appeal is first filed and not when the case is briefed.

James Rothery, et al. v. County of Sacramento, et al., No. 09-16852

This is another California concealed carry case and among the first to be filed following the Heller decision.  Below are the dockets for the appeal and the district court.  The Appellants’ Opening Brief is surprisingly well written but it suffers from the fatal defect that because California bans both Open and concealed carry this somehow entitles the plaintiffs to concealed carry permits.  The operative complaint (First Amended Complaint) is around 80 pages long but I could not find anywhere in the complaint where the plaintiffs sought to openly carry firearms.  Neither could I find anywhere in the complaint a challenge to the CCW statutes which prohibit the issuance of handgun Open Carry licenses to persons in counties with a population of fewer than 200,000 people.  Likewise, there was nothing in the Opening Brief which indicated that the Plaintiffs-Appellants seek to openly carry loaded firearms.

Consequently, despite its many fine arguments, this appeal loses.

Here is a link to many of the appellate documents filed in the case (free).

Here is a link to most of the district court documents files in this case (free).

Here is the PACER link to the district court docket (requires paid PACER account).

First Amended Complaint

Appellants’ Opening Brief

Sheriff Blanas Answering Brief

Attorney General Harris Answering Brief

Reply Brief due December 19, 2016 Filed December 19, 2016.




Update by Charles Nichols, President of California Right To Carry – March 21,  2017 –  Nothing new.

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

Update by Charles Nichols, President of California Right To Carry – January 25,  2017 –  Nothing new.

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

Update by Charles Nichols, President of California Right To Carry – December 23,  2016 –  Paper copies received.

12/23/2016  96 Received 7 paper copies of Reply Brief [94] filed by Andrea Hoffman and James Rothery. [10246014] (SD) [Entered: 12/23/2016 04:20 PM]

Update by Charles Nichols, President of California Right To Carry – December 22,  2016 –  Paper copies ORDER.

12/20/2016  95  Filed clerk order: The reply brief [94] submitted by Andrea Hoffman and James Rothery is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate CM/ECF. [10239668] (SML) [Entered: 12/20/2016 09:30 AM]

Update by Charles Nichols, President of California Right To Carry – December 20,  2016 –  A filing must be made by 11:59 PM or it is considered to be filed on the following day.  Rothery filed his brief at 11:55 pm, four minutes before it would have been too late for him to file.  You can read the Reply Brief by clicking on the link.

94 – Rothery Reply Brief

12/19/2016  94  Submitted (ECF) Reply Brief for review. Submitted by Appellants James Rothery and Andrea Hoffman. Date of service: 12/19/2016. [10239385] [09-16852] (Gorski, Gary) [Entered: 12/19/2016 11:55 PM]

Update by Charles Nichols, President of California Right To Carry – December 16,  2016 –  The due date for the reply brief is still Monday, December 19, 2016.

Update by Charles Nichols, President of California Right To Carry – November 20,  2016 –  The Plaintiffs-Appellants filed their free, one-time, extension of time to file their Reply Brief.  The new due date is December 19, 2016, which is coincidentally the same day Governor Brown and AG Harris’ Answering brief is due in my California Open Carry appeal.

11/20/2016  90 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellants James Rothery and Andrea Hoffman. New requested due date is 12/19/2016. [10203836] [09-16852] (Gorski, Gary) [Entered: 11/20/2016 12:31 PM]

Update by Charles Nichols, President of California Right To Carry – November 18,  2016 –  The paper briefs have been filed.  No request for an extension of time to file the Reply Brief as of yet.

11/15/2016  89 Received 7 paper copies of Answering Brief [85] filed by Kamala D. Harris. [10198232] (SD) [Entered: 11/15/2016 04:32 PM]

Update by Charles Nichols, President of California Right To Carry – November 15,  2016 –  The briefs are accepted as filed and paper copies are ordered.  I do not know if the Reply brief is due within 2 weeks of the Answering briefs  being filed by the Appellees or within two weeks of the Clerk accepting the Answering briefs as being filed.

11/14/2016  87  Filed clerk order: The answering brief [84] submitted by Lou Blanas, et al., is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate CM/ECF. The Court has reviewed the supplemental excerpts of record [86] submitted by Lou Blanas, et al. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [10195007] (SML) [Entered: 11/14/2016 10:51 AM]
11/14/2016  88  Filed clerk order: The answering brief [85] submitted by Kamala D. Harris is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate CM/ECF. [10195014] (SML) [Entered: 11/14/2016 10:52 AM]
11/15/2016  89 Received 7 paper copies of Answering Brief [85] filed by Kamala D. Harris. [10198232] (SD) [Entered: 11/15/2016 04:32 PM]

Update by Charles Nichols, President of California Right To Carry – November 10,  2016 –  The sheriff and attorney general submitted their answering briefs for review.  I’ll download them from PACER and post them here after they are accepted as filed.  A reminder, this is purely a concealed carry case.

11/10/2016 82 Filed (ECF) notice of appearance of Amanda Lynn McDermott for Appellees Lou Blanas, County of Sacramento, John McGinnis and Timothy Sheehan. Date of service: 11/10/2016. [10193516] [09-16852] (McDermott, Amanda) [Entered: 11/10/2016 01:57 PM]

11/10/2016 83 Added attorney Amanda L. McDermott for John McGinnis Timothy Sheehan County of Sacramento Lou Blanas, in case 09-16852. [10193545] (JFF) [Entered: 11/10/2016 02:05 PM]

11/10/2016 84 Submitted (ECF) Answering Brief for review. Submitted by Appellees Lou Blanas, County of Sacramento, John McGinnis and Timothy Sheehan. Date of service: 11/10/2016. [10193586] [09-16852] (Lavra, John) [Entered: 11/10/2016 02:17 PM]

11/10/2016 85 Submitted (ECF) Answering Brief for review. Submitted by Appellee Kamala D. Harris. Date of service: 11/10/2016. [10193674] [09-16852] (Waters, George) [Entered: 11/10/2016 02:38 PM]

11/10/2016 86 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Lou Blanas, County of Sacramento, John McGinnis and Timothy Sheehan. Date of service: 11/10/2016. [10193715] [09-16852] (Lavra, John) [Entered: 11/10/2016 02:45 PM]

Update by Charles Nichols, President of California Right To Carry – October 31,  2016 –  The sheriff also opted for his free extension of time to filing his brief.

10/04/2016  80 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Lou Blanas, County of Sacramento, John McGinnis and Timothy Sheehan. New requested due date is 11/10/2016. [10147827] [09-16852] (Lavra, John) [Entered: 10/04/2016 11:42 AM]
10/04/2016  81 Streamlined request [80] by Appellees Lou Blanas, County of Sacramento, John McGinnis and Timothy Sheehan to extend time to file the brief is approved. Amended briefing schedule: Appellees Lou Blanas, County of Sacramento, John McGinnis and Sacramento County Sheriff’s Department answering brief due 11/10/2016. The optional reply brief is due 14 days from the date of service of the answering brief. [10148047] (LKK) [Entered: 10/04/2016 12:38 PM]

Update by Charles Nichols, President of California Right To Carry – September 30,  2016 –  Now this was a surprise.

09/27/2016  78 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Kamala D. Harris. New requested due date is 11/10/2016. [10139352] [09-16852] (Waters, George) [Entered: 09/27/2016 02:45 PM]
09/28/2016  79 Streamlined request [78] by Appellee Kamala D. Harris to extend time to file the brief is approved. Amended briefing schedule: Appellee Kamala D. Harris, Attorney General answering brief due 11/10/2016. The optional reply brief is due 14 days from the date of service of the answering brief. [10141201] (LKK) [Entered: 09/28/2016 04:52 PM]

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

Update by Charles Nichols, President of California Right To Carry – September 15,  2016 – Nothing new.  Curiously, supplemental briefing has not been requested.  McKay v. Hutchens lost last week despite it being stayed (this appeal is stayed) and supplemental briefing has been requested in several other concealed carry cases.  Perhaps this concealed carry case has not been tossed because it is not fully briefed.  Perhaps because it is more interesting than the other concealed carry cases.  Time will tell as the stay in this appeal expires on October 11, 2016.

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

Update by Charles Nichols, President of California Right To Carry – July 6,  2016 – Ninety day stay issued.  I do not know why the stay pending issuance of the mandate was not granted.

07/06/2016  77  Filed order (Appellate Commissioner): The appellees’ motion (Docket Entry [76]) to further stay appellate proceedings pending Peruta v. County of San Diego, No. 10-56971, is granted as follows. Appellate proceedings are stayed until October 11, 2016. At or prior to the expiration of the stay of appellate proceedings, the appellees shall file the answering briefs or file a motion for appropriate relief. If the answering briefs are filed, the optional reply brief is due within 14 days after the last-served answering brief. In the absence of a motion, the stay of appellate proceedings will terminate without further notice.(Pro Mo) [10039636] (MS) [Entered: 07/06/2016 08:11 AM]

Update by Charles Nichols, President of California Right To Carry – July 1,  2016 – Nothing new.  Last time a motion to stay was filed, the court waited until the very last minute to grant the motion.  We might not hear anything until July 13, 2016.

Update by Charles Nichols, President of California Right To Carry – June 27,  2016 – Joint motion to stay filed.

06/27/2016  76  Filed (ECF) Appellee Kamala D. Harris Joint Motion to stay appellate proceedings. Date of service: 06/27/2016. [10030803] [09-16852] (Waters, George) [Entered: 06/27/2016 03:50 PM]

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

Update by Charles Nichols, President of California Right To Carry – June 18,  2016 – I suspect that the attorney in this case will file for another stay pending the mandate in Peruta v. San Diego.

Update by Charles Nichols, President of California Right To Carry – April 14,  2016 – This case is now stayed for another 90 days.  Both sides had asked for the appeal to be stayed until the en banc decision in Peruta is final.

04/14/2016  75  Filed order (Appellate Commissioner): The appellees’ motion to further stay appellate proceedings pending Peruta v. County of San Diego, No. 10-56971, is granted as follows. Appellate proceedings are stayed until July 13, 2016. At or prior to the expiration of the stay of appellate proceedings, the appellees shall file the answering briefs or file a motion for appropriate relief. If the answering briefs are filed, the optional reply brief is due within 14 days after the last-served answering brief. In the absence of a motion, the stay of appellate proceedings will terminate without further notice. (Pro Mo) [9939931] (MS) [Entered: 04/14/2016 11:34 AM]

Update by Charles Nichols, President of California Right To Carry – April 13,  2016 – The stay in this case expired at midnight on April 5, 2016.  As of 11:26 PM today there is nothing new on the docket.  For all intents and purposes the case is still stayed until there is a ruling on the joint motion which would extend the stay.  Even if the stay were denied, the court invariably gives the parties time to file their briefs.  It’s just odd that the motion wasn’t decided before the stay expired and has gone this long without a decision on whether or not to grant the stay.

Update by Charles Nichols, President of California Right To Carry – April 12,  2016 – The stay in this case expired at midnight on April 5, 2016.  As of 9:23 PM today there is nothing new on the docket.  For all intents and purposes the case is still stayed until there is a ruling on the joint motion which would extend the stay.  Even if the stay were denied, the court invariably gives the parties time to file their briefs.  It’s just odd that the motion wasn’t decided before the stay expired and has gone this long without a decision on whether or not to grant the stay.

Update by Charles Nichols, President of California Right To Carry – April 11,  2016 – The stay in this case expired at midnight on April 5, 2016.  As of 3:00 PM today there is nothing new on the docket.  For all intents and purposes the case is still stayed until there is a ruling on the joint motion which would extend the stay.  Even if the stay were denied, the court invariably gives the parties time to file their briefs.  It’s just odd that the motion wasn’t decided before the stay expired.

Update by Charles Nichols, President of California Right To Carry – April 8,  2016 – The stay in this case expired at midnight on April 5, 2016.  As of 4:05 PM today there is nothing new on the docket.  For all intents and purposes the case is still stayed until there is a ruling on the joint motion which would extend the stay.  Even if the stay were denied, the court invariably gives the parties time to file their briefs.  It’s just odd that the motion wasn’t decided before the stay expired.

Update by Charles Nichols, President of California Right To Carry – April 7,  2016 – The stay in this case expired at midnight on April 5, 2016.  As of 11:17 PM there is nothing new on the docket.  For all intents and purposes the case is still stayed until there is a ruling on the joint motion which would extend the stay.  Even if the stay were denied, the court invariably gives the parties time to file their briefs.

Update by Charles Nichols, President of California Right To Carry – April 6,  2016 – The stay in this case expired at midnight.  It is now 2:40 6:55 PM and there is nothing new on the Federal court docket.

Update by Charles Nichols, President of California Right To Carry – March 28,  2016 – Nothing new.  The stay expires on April 6, 2016.  As I understand it, the brief does not become due until a decision on the motion has been made.  Unless the Peruta/Richards en banc decision(s) is released before April 6, 2016, I expect that the motion to stay the appeal will be granted.

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

Update by Charles Nichols, President of California Right To Carry – March 17,  2016 – Yesterday, a joint motion was filed to extend the stay for 90 days past the issuance of the mandate in Peruta v. San Diego.

03/16/2016  74  Filed (ECF) Appellee Kamala D. Harris Joint Motion to stay appellate proceedings. Date of service: 03/16/2016. [9904049] [09-16852] (Waters, George) [Entered: 03/16/2016 01:58 PM]

Update by Charles Nichols, President of California Right To Carry – January 7,  2016 – To nobody’s surprise, the stay pending Peruta v. San Diego was granted.

01/06/2016  73  Filed order (Appellate Commissioner): The appellees’ motion to further stay appellate proceedings pending Peruta v. County of San Diego, No. 10-56971, is granted as follows. Appellate proceedings are stayed until April 6, 2016. At or prior to the expiration of the stay of appellate proceedings, the appellees shall file the answering briefs or file a motion for appropriate relief. If the answering briefs are filed, the optional reply brief is due within 14 days after the last-served answering brief. In the absence of a motion, the stay of appellate proceedings will terminate without further notice. (Pro Mo) [9817846] (OC) [Entered: 01/06/2016 03:20 PM]

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

Update by Charles Nichols, President of California Right To Carry – December 18,  2015 – Joint motion for a stay was filed on the 15th.  Stay will likely be granted for 90 days.

12/15/2015  72  Filed (ECF) Appellee Kamala D. Harris Joint Motion to stay proceedings. Date of service: 12/15/2015. [9793832] [09-16852] (Waters, George) [Entered: 12/15/2015 03:52 PM]

Update by Charles Nichols, President of California Right To Carry – December 13,  2015 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – September 17,  2015 – It shouldn’t come as a surprise to anyone that today the 9th Circuit appellate commissioner extended the stay of this appeal because of Peruta v. San Diego until December 29, 2015.  If there is no decision by early December then it does not take a crystal ball to predict that another joint motion to extend the current stay will be filed and will be granted.  This is true of all carry cases on appeal here in the 9th Circuit, including my California Open Carry appeal.

09/10/2015  70  Filed (ECF) Appellee Kamala D. Harris Joint Motion to stay proceedings. Date of service: 09/10/2015. [9678673] [09-16852] (GW) [Entered: 09/10/2015 03:51 PM]
09/17/2015  71  Filed order (Appellate Commissioner): The appellees’ motion to further stay appellate proceedings pending Peruta v. County of San Diego, No. 10-56971, is granted as follows. Appellate proceedings are stayed until December 29, 2015. At or prior to the expiration of the stay of appellate proceedings, the appellees shall file the answering briefs or file a motion for appropriate relief. If the answering briefs are filed, the optional reply brief is due within 14 days after the last-served answering brief. In the absence of a motion, the stay of appellate proceedings will terminate without further notice. (Pro Mo) [9686944] (OC) [Entered: 09/17/2015 01:55 PM]

ORDER granting extension of stay:

Before: Peter L. Shaw, Appellate Commissioner The appellees’ motion to further stay appellate proceedings pending Peruta v. County of San Diego, No. 10-56971, is granted as follows. Appellate proceedings are stayed until December 29, 2015. At or prior to the expiration of the stay of appellate proceedings, the appellees shall file the answering briefs or file a motion for appropriate relief. If the answering briefs are filed, the optional reply brief is due within 14 days after the last-served answering brief. In the absence of a motion, the stay of appellate proceedings will terminate without further notice.




 

General Docket
United States Court of Appeals for the Ninth Circuit
Court of Appeals Docket #: 09-16852 Docketed: 08/25/2009
Nature of Suit: 3470 Civil (Rico)
James Rothery, et al v. County of Sacramento, et al
Appeal From: U.S. District Court for Eastern California, Sacramento
Fee Status: Paid
Case Type Information:
     1) civil
     2) private
     3) null
Originating Court Information:
     District: 0972-2 : 2:08-cv-02064-JAM-KJM
     Court Reporter: Kelly Ann O’Halloran
     Trial Judge: John A. Mendez, District Judge
     Date Filed: 09/02/2008
     Date Order/Judgment:      Date Order/Judgment EOD:      Date NOA Filed:      Date Rec’d COA:
     07/29/2009      07/29/2009      08/24/2009      08/24/2009
Prior Cases:
     None
Current Cases:
Lead Member Start End
     Consolidated
10-56971 11-16255 04/01/2015
     Related
09-16852 11-16255 05/19/2011

 

JAMES ROTHERY
Plaintiff – Appellant,
Gary William Gorski
Direct: 916-965-6800
[COR LD NTC Retained]
Law Offices of Gary W. Gorski
Suite 22
1207 Front Street
Sacramento, CA 95814Daniel Michael Karalash, Attorney
Direct: 916-787-1234
[COR LD NTC Retained]
LAW OFFICES OF DANIEL M. KARALASH
Suite 15
Firm: 916-787-1234
1207 Front St.
Sacramento, CA 95814
ANDREA HOFFMAN
Plaintiff – Appellant,
Gary William Gorski
Direct: 916-965-6800
[COR LD NTC Retained]
(see above)Daniel Michael Karalash, Attorney
Direct: 916-787-1234
[COR LD NTC Retained]
(see above)
DEANNA SYKES
Plaintiff,
Alan Gura
Direct: 703-835-9085
[COR LD NTC Retained]
Gura & Possessky, PLLC
suite # 305
105 Oronoco Street
Alexandria, VA 22314
ANDREW WITHAM
Plaintiff,
Alan Gura
Direct: 703-835-9085
[COR LD NTC Retained]
(see above)
ADAM RICHARDS
Plaintiff,
Alan Gura
Direct: 703-835-9085
[COR LD NTC Retained]
(see above)
CALGUNS FOUNDATION, INC.
Plaintiff,
Alan Gura
Direct: 703-835-9085
[COR LD NTC Retained]
(see above)
SECOND AMENDMENT FOUNDATION
Plaintiff,
Alan Gura
Direct: 703-835-9085
[COR LD NTC Retained]
(see above)
   v.
COUNTY OF SACRAMENTO
Defendant – Appellee,
John A. Lavra, Esquire, Attorney
Direct: 916-974-8500
[COR LD NTC Retained]
LONGYEAR O’DEA AND LAVRA
Suite 230
3620 American River Drive
Sacramento, CA 95864-5923
LOU BLANAS, Former Sheriff
Defendant – Appellee,
John A. Lavra, Esquire, Attorney
Direct: 916-974-8500
[COR NTC Retained]
(see above)
JOHN MCGINNIS, Sheriff
Defendant – Appellee,
John A. Lavra, Esquire, Attorney
Direct: 916-974-8500
[COR NTC Retained]
(see above)
TIMOTHY SHEEHAN, Detective
Defendant – Appellee,
John A. Lavra, Esquire, Attorney
Direct: 916-974-8500
[COR NTC Retained]
(see above)
FRED MASON, Detective
Defendant – Appellee,
John A. Lavra, Esquire, Attorney
Direct: 916-974-8500
[COR NTC Retained]
(see above)
SACRAMENTO COUNTY SHERIFF’S DEPARTMENT, an independent branch of government of the County of Sacramento
Defendant – Appellee,
John A. Lavra, Esquire, Attorney
Direct: 916-974-8500
[COR NTC Retained]
(see above)
JERRY BROWN, Attorney General of the State of California
Terminated: 06/27/2011
Defendant – Appellee,
DOES 1 THROUGH 225, unknown co-conspirators
Defendant – Appellee,
KAMALA D. HARRIS, Attorney General
Defendant – Appellee,
George Waters
Direct: 916-323-8050
[COR NTC Dep State Aty Gen]
AGCA-Office of the California Attorney General
Firm: 800-952-5225
1300 I Street
Sacramento, CA 95814

JAMES ROTHERY; ANDREA HOFFMAN,

Plaintiffs – Appellants,

and

DEANNA SYKES; ANDREW WITHAM; ADAM RICHARDS; CALGUNS FOUNDATION, INC.; SECOND AMENDMENT FOUNDATION,

Plaintiffs,

v.

COUNTY OF SACRAMENTO; LOU BLANAS, Former Sheriff; JOHN MCGINNIS, Sheriff; TIMOTHY SHEEHAN, Detective; FRED MASON, Detective; SACRAMENTO COUNTY SHERIFF’S DEPARTMENT, an independent branch of government of the County of Sacramento; DOES 1 THROUGH 225, unknown co-conspirators; KAMALA D. HARRIS, Attorney General,

Defendants – Appellees.

08/25/2009  1 
12 pg, 251.86 KB
DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND CADS: No. The schedule is set as follows: Transcript order for Appellants James Rothery, et al., due 09/23/2009. Transcript due for Orig Clerk USDC, Sacramento on 10/23/2009. Certificate of record due 10/30/2009. Appellants James Rothery, et al., opening brief due 12/09/2009. Appellees Lou Blanas, et al., answering brief due 01/08/2010. Appellant’s optional reply brief is due 14 days after service of the answering brief. [7039343] (EB) [Entered: 08/25/2009 09:21 AM]
08/25/2009  2 
13 pg, 238.49 KB
Filed Appellants James Rothery and Andrea Hoffman Civil Appeals Docketing Statement. Served on 08/24/2009. [7039354] (EB) [Entered: 08/25/2009 09:28 AM]
10/21/2009  3 
7 pg, 61.94 KB
Filed order MEDIATION (VLS): This case is under consideration for inclusion in the Mediation Program. Within 14 days of the date of this order, counsel for all parties to this appeal are requested to inform Circuit Mediator Ann Julius of their clients’ views on whether… This communication shall not be served on the opposing party and shall not be filed with the court. The existing briefing schedule remains in effect pending the determination whether the case will be selected for inclusion in the Mediation Program.[7102269] (WL) [Entered: 10/21/2009 10:15 AM]
10/22/2009  4 
1 pg, 22.1 KB
Filed order MEDIATION (AJ): The court has determined that this appeal will not be selected for inclusion in the Mediation Program. [7105156] (WL) [Entered: 10/22/2009 04:12 PM]
10/29/2009  5 
3 pg, 91.56 KB
Received Attorney Alan Gura for – Deanna Sykes, Andrew Witham, Adam Richards, Calguns Foundation, Inc. and Second Amendment Foundation letter dated 10/26/2009 re: correction to case caption. [7114494] (JFF) [Entered: 10/30/2009 02:58 PM]
11/09/2009  6 
8 pg, 251.52 KB
Filed (ECF) Appellee Jerry Brown Stipulated Motion to stay proceedings. Date of service: 11/09/2009. [7123243] (GLG) [Entered: 11/09/2009 09:21 AM]
12/30/2009  7 
2 pg, 31.23 KB
Filed clerk order (Deputy Clerk:LBS): A review of the district court docket shows that appellants’ have paid the appeal fees on August 25, 2009. The Clerk shall update this court’s docket to reflect that appellants have paid the appeal fees. The parties’ stipulation to stay appellate proceedings pending this court’s disposition of Nordyke v. King, no. 07-15763, is granted. This case is stayed until March 22, 2010. On or before the expiration of the stay, the parties may stipulate for further appropriate relief. In the absence of a stipulation from the parties, the stay will expire and the following briefing schedule will govern: the opening brief will be due April 21, 2010; the answering brief will be due May 21, 2010; and the optional reply brief will be due 14 days after service of the answering brief. [7179132] (WL) [Entered: 12/30/2009 11:07 AM]
12/30/2009  9 Fee status changed ( [Case Number 09-16852: pd] ). [7312093] (EU) [Entered: 04/23/2010 09:28 AM]
04/20/2010  8 14 day oral extension by phone of time to file Appellants Andrea Hoffman and James Rothery brief. Appellant Andrea Hoffman opening brief due 05/05/2010, and Appellant James Rothery opening brief due 12/02/2009. Appellee Lou Blanas, Appellee Jerry Brown, Appellee County of Sacramento, Appellee Does 1 through 225, Appellee Fred Mason, Appellee John McGinnis, Appellee Sacramento County Sheriff’s Department and Appellee Timothy Sheehan answering brief due 06/04/2010. The optional reply brief is due 14 days after service of the appellee brief. [7308268] (CB) [Entered: 04/20/2010 01:31 PM]
05/05/2010  10 
65 pg, 425.13 KB
Submitted (ECF) Opening brief for review. Submitted by Appellants Andrea Hoffman and James Rothery. Date of service: 05/05/2010. [7326970] (GWG) [Entered: 05/05/2010 11:50 PM]
05/06/2010  11 
2 pg, 80.56 KB
Filed clerk order: The opening brief [10] submitted by Andrea Hoffman and James Rothery is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a blue cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7328421] (FT) [Entered: 05/06/2010 03:57 PM]
05/06/2010  12 Filed Appellants Andrea Hoffman and James Rothery excerpts of record in 2 volumes. [7330217] (FT) [Entered: 05/07/2010 04:44 PM]
05/12/2010  13 Received 7 paper copies of Opening brief [10] filed by Andrea Hoffman and James Rothery. [7335601] (SD) [Entered: 05/13/2010 09:34 AM]
05/17/2010  14 
7 pg, 130.17 KB
Filed (ECF) Appellees Lou Blanas, County of Sacramento, John McGinnis and Timothy Sheehan Joint Motion to extend time to file Answering brief until 08/03/2010 at 05:00 pm. Date of service: 05/17/2010. [7339909] (JLP) [Entered: 05/17/2010 03:39 PM]
05/24/2010  15 
1 pg, 29.92 KB
Filed clerk order (Deputy Clerk:LBS): Appellees’ joint motion for an extension of time to file the answering brief is construed as a motion to further stay appellate proceedings pending this court’s disposition of Nordyke v. King, no. 07-15763. So construed, the motion is granted. This case is stayed until August 16, 2010. On or before the expiration of the stay, appellees shall file the answering briefs or file a status report and an appropriate motion. If appellees file the answering brief, the reply brief is due within14 days after service of the last-served answering brief. The filing of the answering briefs or failure to file a status report shall terminate the stay. [7347341] (WL) [Entered: 05/24/2010 09:55 AM]
08/12/2010  16 
16 pg, 253.37 KB
Filed (ECF) Appellees Lou Blanas, County of Sacramento, John McGinnis, Sacramento County Sheriff’s Department and Timothy Sheehan Joint Motion to stay proceedings. Date of service: 08/12/2010. [7437370] (JLP) [Entered: 08/12/2010 09:51 AM]
08/16/2010  17 
3 pg, 57.58 KB
Filed (ECF) Appellants Andrea Hoffman and James Rothery response opposing motion (,motion to stay proceedings). Date of service: 08/16/2010. [7440631] (GWG) [Entered: 08/16/2010 10:31 AM]
08/16/2010  18 
1 pg, 30.35 KB
Filed clerk order (Deputy Clerk:LBS): Appellees’ joint motion to further stay appellate proceedings pending this court’s disposition of Nordyke v. King, no. 07-15763 is granted. This case is stayed until October 15, 2010. On or before the expiration of the stay, appellees shall file the answering briefs or file a status report and an appropriate motion. If appellees file the answering brief, the reply brief is due within14 days after service of the last-served answering brief. The filing of the answering briefs or failure to file a status report shall terminate the stay. [7441113] (WL) [Entered: 08/16/2010 01:24 PM]
10/13/2010  19 
7 pg, 67.23 KB
Filed (ECF) Appellees Lou Blanas, County of Sacramento, Fred Mason, John McGinnis, Sacramento County Sheriff’s Department and Timothy Sheehan Joint Motion to stay proceedings. Date of service: 10/13/2010. [7507299] (JLP) [Entered: 10/13/2010 03:56 PM]
10/18/2010  20 
2 pg, 34.51 KB
Filed clerk order (Deputy Clerk:TAH): The appellees’ joint motion to further stay appellate proceedings pending this court’s disposition of Nordyke v. King, case No. 07-15763, and Mehl v. County of Sacramento, et al, case No. 08-15773, is granted. This case is stayed until January 21, 2011. On or before the expiration of the stay, the appellees shall file the answering briefs or file a status report and motion for appropriate relief. If the appellees file the answering brief, the reply brief shall be due within14 days after service of the last-served answering brief. The filing of the answering briefs or the failure to file a status report shall terminate the stay. This order was issued prior to the expiration of time within which a response may be filed. Fed. R. App. P. 27(b). The appellees are reminded that a request for relief from this court should state the position of opposing counsel. See Circuit Advisory Committee Note to Ninth Circuit Rule 27-1, paragraph (5). [7512154] (WL) [Entered: 10/18/2010 01:34 PM]
01/13/2011  21 
17 pg, 185.51 KB
Filed (ECF) Appellees Lou Blanas, County of Sacramento, Fred Mason, John McGinnis, Sacramento County Sheriff’s Department and Timothy Sheehan Joint Motion to stay proceedings. Date of service: 01113/10. [7611739] (JLP) [Entered: 01/13/2011 01:48 PM]
01/18/2011  22 
2 pg, 33.59 KB
Filed clerk order (Deputy Clerk:GSS): The appellees’ motion to stay appellate proceedings pending Nordyke v. King, Case No. 07-15763, and Mehl v. County of Sacramento, et al., Case No. 08- 15773, is granted in part. Appellate proceedings are stayed until March 23, 2011. At or prior to the expiration of the stay of appellate proceedings, the appellees shall file the answering briefs or file a motion for appropriate relief. If the answering brief is filed, the optional reply brief will be due within 14 days after service of the last served answering brief. In the absence of a motion, the stay of appellate proceedings will terminate without further notice. [7614611] (AF) [Entered: 01/18/2011 09:07 AM]
03/22/2011  23 
7 pg, 128.35 KB
Filed (ECF) Appellee Jerry Brown Joint Motion to stay proceedings. Date of service: 03/22/2011. [7690959] (GLG) [Entered: 03/22/2011 04:11 PM]
03/23/2011  24 
19 pg, 1.83 MB
Filed (ECF) Appellee Jerry Brown Amended Motion to stay proceedings. Date of service: 03/23/2011. [7692094] (GLG) [Entered: 03/23/2011 01:48 PM]
03/24/2011  25 
2 pg, 33.19 KB
Filed clerk order (Deputy Clerk:GSS): The appellees’ motion to stay appellate proceedings pending Nordyke v. King, Case No. 07-15763, and Mehl v. County of Sacramento, et al., Case No. 08- 15773, is granted. Appellate proceedings are stayed until May 23, 2011. At or prior to the expiration of the stay of appellate proceedings, the appellees shall file the answering briefs or file a motion for appropriate relief. If the answering brief is filed, the optional reply brief will be due within 14 days after service of the last served answering brief. In the absence of a motion, the stay of appellate proceedings will terminate without further notice. [7693072] (SM) [Entered: 03/24/2011 10:27 AM]
05/23/2011  26 
8 pg, 69.82 KB
Filed (ECF) Appellees Lou Blanas, County of Sacramento, John McGinnis, Sacramento County Sheriff’s Department and Timothy Sheehan Motion to stay proceedings. Date of service: 05/23/2011. [7761826] (JLP) [Entered: 05/23/2011 04:43 PM]
06/08/2011  27 
2 pg, 31.96 KB
Filed clerk order (Deputy Clerk: GSS): The appellees’ motion to stay appellate proceedings pending Mehl v. County of Sacramento, et al., Case No. 08-15773, is granted. Appellate proceedings are stayed until September 6, 2011. At or prior to the expiration of the stay of appellate proceedings, the appellees shall file the answering briefs or file a motion for appropriate relief. If the answering brief is filed, the optional reply brief will be due within 14 days after service of the last served answering brief. In the absence of a motion, the stay of appellate proceedings will terminate without further notice.[7778447] (WL) [Entered: 06/08/2011 01:27 PM]
06/24/2011  28 
1 pg, 225.76 KB
Filed (ECF) notice of appearance of George Waters for Appellee Jerry Brown. Date of service: 06/24/2011. [7797299] (GW) [Entered: 06/24/2011 02:55 PM]
06/24/2011  29 Attorneys Geoffrey L. Graybill and Timothy Lee Rieger substituted by Attorneys George Michael Waters and George Michael Waters [7797324] (JFF) [Entered: 06/24/2011 03:05 PM]
06/27/2011  30 
3 pg, 124.16 KB
Filed (ECF) Appellee Jerry Brown Correspondence: Notice of Substitution of party. Date of service: 06/27/2011. [7798269]–[COURT UPDATE : Edited docket text to reflect content of filing.Resent NDA 06/27/2011 by TW] (GW) [Entered: 06/27/2011 11:27 AM]
06/27/2011  31 Entered appearance of Appellee Kamala D. Harris. [7799151] (JFF) [Entered: 06/27/2011 03:51 PM]
06/27/2011  32 Terminated Appellee Jerry Brown in 09-16852 [7799158] (JFF) [Entered: 06/27/2011 03:53 PM]
08/11/2011  33 COURT DELETED INCORRECT/DUPLICATE ENTRY. Correct Entry: [34]. Original Text: Filed (ECF) Appellees Lou Blanas, County of Sacramento, Kamala D. Harris, John McGinnis and Timothy Sheehan Motion to stay proceedings. Date of service: 08/11/2011. [7854824] (GW) [Entered: 08/11/2011 05:40 PM]
08/11/2011  34 
13 pg, 149.66 KB
Filed (ECF) Appellees Lou Blanas, County of Sacramento, Kamala D. Harris, John McGinnis and Timothy Sheehan Motion to stay proceedings. Date of service: 08/11/2011. [7854829] (GW) [Entered: 08/11/2011 06:08 PM]
08/30/2011  35 
2 pg, 31.99 KB
Filed clerk order (Deputy Clerk: GSS): Appellees County of Sacramento, et al.’s motion to stay appellate proceedings pending Mehl v. County of Sacramento, No. 08-15773, is granted in part. Appellate proceedings are stayed until December 6, 2011. At or prior to the expiration of the stay of appellate proceedings, the appellees shall file the answering brief or file a motion for appropriate relief. If he answering brief is filed, the optional reply brief is due within 14 days after service of the answering brief. In the absence of a motion, the stay of appellate proceedings will terminate without further notice. [7875600] (WL) [Entered: 08/30/2011 09:26 AM]
11/07/2011  36 
12 pg, 188.15 KB
Filed (ECF) Appellees Lou Blanas, County of Sacramento, Kamala D. Harris, John McGinnis and Timothy Sheehan Joint Motion to stay proceedings. Date of service: 11/07/2011. [7957044] (GW) [Entered: 11/07/2011 02:46 PM]
11/15/2011  37 
2 pg, 31.84 KB
Filed clerk order (Deputy Clerk: GSS): Appellees County of Sacramento, et al.’s motion to stay appellate proceedings pending Mehl v. County of Sacramento, No. 08-15773, is granted. Appellate proceedings are stayed until March 5, 2012. At or prior to the expiration of the stay of appellate proceedings, the appellees shall file the answering briefs or file a motion for appropriate relief. If the answering briefs are filed, the optional reply brief is due within 14 days after service of the last served answering brief. In the absence of a motion, the stay of appellate proceedings will terminate without further notice. [7966031] (WL) [Entered: 11/15/2011 11:12 AM]
02/09/2012  38 
13 pg, 125.79 KB
Filed (ECF) Appellee Kamala D. Harris Joint Motion to stay proceedings. Date of service: 02/09/2012. [8063641] (GW) [Entered: 02/09/2012 03:48 PM]
02/10/2012  39 
2 pg, 31.73 KB
Filed clerk order (Deputy Clerk: GSS): Appellees County of Sacramento, et al.’s motion to stay appellate proceedings pending Mehl v. County of Sacramento, No. 08-15773, is granted in part. Appellate proceedings are stayed until June 8, 2012. At or prior to the expiration of the stay of appellate proceedings, the appellees shall file the answering briefs or file a motion for appropriate relief. If the answering briefs are filed, the optional reply brief is due within 14 days after service of the last served answering brief. In the absence of a motion, the stay of appellate proceedings will terminate without further notice.[8065092] (WL) [Entered: 02/10/2012 03:30 PM]
04/18/2012  40 
1 pg, 358.51 KB
Filed (ECF) notice of appearance of John A. Lavra for Appellees Lou Blanas, County of Sacramento, John McGinnis, Sacramento County Sheriff’s Department and Timothy Sheehan. Date of service: 04/18/2012. [8145263] (JAL) [Entered: 04/18/2012 03:38 PM]
04/18/2012  41 Attorneys Amanda Lynn Butts substituted by Attorneys John A. Lavra in 09-16852 [8145329] (JFF) [Entered: 04/18/2012 04:09 PM]
05/10/2012  42 
13 pg, 276.68 KB
Filed (ECF) Appellees Lou Blanas, County of Sacramento, Kamala D. Harris, John McGinnis and Timothy Sheehan Motion to stay proceedings. Date of service: 05/10/2012. [8173643] (GW) [Entered: 05/10/2012 02:38 PM]
05/14/2012  43 
2 pg, 31.58 KB
Filed clerk order (Deputy Clerk: GS): Appellees County of Sacramento, et al.’s motion to stay appellate proceedings pending Mehl v. County of Sacramento, No. 08-15773, is granted. Appellate proceedings are stayed until September 6, 2012. At or prior to the expiration of the stay of appellate proceedings, the appellees shall file the answering briefs or file a motion for appropriate relief. If the answering briefs are filed, the optional reply brief is due within 14 days after service of the last served answering brief. In the absence of a motion, the stay of appellate proceedings will terminate without further notice. [8177132] (WL) [Entered: 05/14/2012 03:21 PM]
08/23/2012  44 
9 pg, 232.91 KB
Filed (ECF) Appellee Kamala D. Harris Motion to stay proceedings. Date of service: 08/23/2012. [8297074] (GW) [Entered: 08/23/2012 12:03 PM]
08/30/2012  45 
2 pg, 32 KB
Filed clerk order (Deputy Clerk: GS): Appellees County of Sacramento, et al.’s motion to stay appellate proceedings pending Mehl v. County of Sacramento, No. 08-15773, is granted. Appellate proceedings are stayed until December 5, 2012. At or prior to the expiration of the stay of appellate proceedings, the appellees shall file the answering briefs or file a motion for appropriate relief. If the answering briefs are filed, the optional reply brief is due within 14 days after service of the last served answering brief. In the absence of a motion, the stay of appellate proceedings will terminate without further notice. [8305155] (WL) [Entered: 08/30/2012 09:27 AM]
11/29/2012  46 
9 pg, 229.9 KB
Filed (ECF) Appellees Lou Blanas, County of Sacramento, Kamala D. Harris, John McGinnis and Timothy Sheehan Joint Motion to stay proceedings. Date of service: 11/29/2012. [8419563] (GW) [Entered: 11/29/2012 11:30 AM]
11/30/2012  47 
2 pg, 31.89 KB
Filed clerk order (Deputy Clerk: GS): Appellees County of Sacramento, et al.’s motion to stay appellate proceedings pending Mehl v. County of Sacramento, No. 08-15773, is granted. Appellate proceedings are stayed until March 5, 2013. At or prior to the expiration of the stay of appellate proceedings, the appellees shall file the answering briefs or file a motion for appropriate relief. If the answering briefs are filed, the optional reply brief is due within 14 days after service of the last served answering brief. In the absence of a motion, the stay of appellate proceedings will terminate without further notice. [8421431] (WL) [Entered: 11/30/2012 01:52 PM]
02/15/2013  48 
9 pg, 348.91 KB
Filed (ECF) Appellee Kamala D. Harris Joint Motion to stay proceedings. Date of service: 02/15/2013. [8516453] (GW) [Entered: 02/15/2013 02:21 PM]
02/19/2013  49 
2 pg, 32.22 KB
Filed clerk order (Deputy Clerk: GS): Appellees County of Sacramento, et al.’s motion to stay appellate proceedings pending Mehl v. County of Sacramento, No. 08-15773, is granted. Appellate proceedings are stayed until June 3, 2013. At or prior to the expiration of the stay of appellate proceedings, the appellees shall file the answering briefs or file a motion for appropriate relief. If the answering briefs are filed, the optional reply brief is due within 14 days after service of the last served answering brief. In the absence of a motion, the stay of appellate proceedings will terminate without further notice. [8518763] (WL) [Entered: 02/19/2013 03:05 PM]
05/13/2013  50 
9 pg, 212.66 KB
Filed (ECF) Appellees Lou Blanas, County of Sacramento, Kamala D. Harris and John McGinnis Joint Motion to stay proceedings. Date of service: 05/13/2013. [8627385] (GW) [Entered: 05/13/2013 05:15 PM]
05/15/2013  51 
2 pg, 32.25 KB
Filed clerk order (Deputy Clerk: LBS): Appellees’ joint motion to stay appellate proceedings pending Mehl v. County of Sacramento, no. 08-15773, is granted. Appellate proceedings are stayed until September 3, 2013. At or prior to the expiration of the stay of appellate proceedings, the appellees shall file the answering briefs or file a motion for appropriate relief. If the answering briefs are filed, the optional reply brief is due within 14 days after service of the last-served answering brief. In the absence of a motion, the stay of appellate proceedings will terminate without further notice.[8630074] (WL) [Entered: 05/15/2013 01:34 PM]
08/09/2013  52 
9 pg, 957.3 KB
Filed (ECF) Appellees Lou Blanas, Kamala D. Harris, John McGinnis, Sacramento County Sheriff’s Department and Timothy Sheehan Joint Motion to stay proceedings. Date of service: 08/09/2013. [8738098] (GW) [Entered: 08/09/2013 03:00 PM]
08/13/2013  53 
2 pg, 45.01 KB
Filed clerk order (Deputy Clerk: LBS): Appellees’ joint unopposed motion to stay appellate proceedings pending resolution of the pending petition for review in Mehl v. County of Sacramento, no. 08-15773, is granted in part. Appellate proceedings are stayed until December 2, 2013. At or prior to the expiration of the stay of appellate proceedings, the appellees shall file the answering briefs or file a motion for appropriate relief. If the answering briefs are filed, the optional reply brief is due within 14 days after service of the last-served answering brief. In the absence of a motion, the stay of appellate proceedings will terminate without further notice. [8741412] (WL) [Entered: 08/13/2013 01:10 PM]
11/21/2013  54 
8 pg, 191.29 KB
Filed (ECF) Appellees Lou Blanas, County of Sacramento, Kamala D. Harris, John McGinnis and Timothy Sheehan Joint Motion to stay proceedings. Date of service: 11/21/2013. [8873376] (GW) [Entered: 11/21/2013 03:52 PM]
11/22/2013  55 
1 pg, 33.65 KB
Filed clerk order (Deputy Clerk: CAG): The appellees’ motion to stay appellate proceedings is granted in part. This appeal is stayed until April 4, 2014. On or before the expiration of the stay, the appellees shall file the answering briefs, or file a motion that requests appropriate relief. If the appellees file the answering briefs, the reply brief shall be due within 14 days after service of the answering brief. Failure to file a motion shall terminate the stay. [8874815] (AF) [Entered: 11/22/2013 01:29 PM]
03/21/2014  56 
9 pg, 249.22 KB
Filed (ECF) Appellee Kamala D. Harris Motion to stay proceedings. Date of service: 03/21/2014. [9026601] (GW) [Entered: 03/21/2014 03:13 PM]
03/25/2014  57 
2 pg, 44 KB
Filed clerk order (Deputy Clerk: GS): The appellees’ motion to stay appellate proceedings pending resolution of the petition for rehearing en banc in Peruta v. County of San Diego, No. 10-56971, is granted. Appellate proceedings are stayed until July 3, 2014. At or prior to the expiration of the stay of appellate proceedings, the appellees shall file the answering briefs or file a motion for appropriate relief. If the answering briefs are filed, the optional reply brief is due within 14 days after the last served answering brief. In the absence of a motion, the stay of appellate proceedings will terminate without further notice. [9030827] (RT) [Entered: 03/25/2014 02:44 PM]
06/26/2014  58 
9 pg, 620.42 KB
Filed (ECF) Appellee Kamala D. Harris Joint Motion to stay proceedings. Date of service: 06/26/2014. [9146891] (GW) [Entered: 06/26/2014 11:27 AM]
07/11/2014  59 
1 pg, 42.71 KB
Filed clerk order (Deputy Clerk: CAG): The appellees’ motion to stay appellate proceedings pending resolution of the petition for rehearing en banc in Peruta v. County of San Diego, No. 10-56971, is granted. Appellate proceedings are stayed until October 1, 2014. At or prior to the expiration of the stay of appellate proceedings, the appellees shall file the answering briefs or file a motion for appropriate relief. If the answering briefs are filed, the optional reply brief is due within 14 days after the last served answering brief. [9165411] (HC) [Entered: 07/11/2014 11:11 AM]
09/23/2014  60 
9 pg, 27.96 KB
Filed (ECF) Appellee Kamala D. Harris Joint Motion to stay proceedings. Date of service: 09/23/2014. [9250466] (GW) [Entered: 09/23/2014 01:43 PM]
09/25/2014  61 
1 pg, 43.03 KB
Filed clerk order (Deputy Clerk: GS): The appellees’ motion to stay appellate proceedings pending resolution of the petition for rehearing en banc in Peruta v. County of San Diego, No. 10-56971, is granted in part. Appellate proceedings are stayed until December 30, 2014. At or prior to the expiration of the stay of appellate proceedings, the appellees shall file the answering briefs or file a motion for appropriate relief. If the answering briefs are filed, the optional reply brief is due within 14 days after the last served answering brief. [9253899] (WL) [Entered: 09/25/2014 01:15 PM]
12/18/2014  62 
9 pg, 29.03 KB
Filed (ECF) Appellee Kamala D. Harris Joint Motion to stay proceedings. Date of service: 12/18/2014. [9355404] [09-16852] (GW) [Entered: 12/18/2014 03:56 PM]
12/23/2014  63 
1 pg, 43.11 KB
Filed clerk order (Deputy Clerk: GS): The appellees’ motion to stay appellate proceedings pending resolution of the petition for rehearing en banc in Peruta v. County of San Diego, No. 10-56971, is granted in part. Appellate proceedings are stayed until March 31, 2015. At or prior to the expiration of the stay of appellate proceedings, the appellees shall file the answering briefs or file a motion for appropriate relief. If the answering briefs are filed, the optional reply brief is due within 14 days after the last served answering brief.[9360001] (WL) [Entered: 12/23/2014 11:30 AM]
03/10/2015  64 
9 pg, 679.96 KB
Filed (ECF) Appellee Kamala D. Harris Joint Motion to stay proceedings. Date of service: 03/10/2015. [9451467] [09-16852] (GW) [Entered: 03/10/2015 10:56 AM]
03/11/2015  65 
2 pg, 43.19 KB
Filed clerk order (Deputy Clerk: GS): The appellees’ unopposed motion to stay appellate proceedings pending the resolution of Peruta v. County of San Diego, No. 10-56971, is granted in part. Appellate proceedings are stayed until June 30, 2015. At or prior to the expiration of the stay of appellate proceedings, the appellees shall file the answering briefs or file a motion for appropriate relief. If the answering brief is filed, the optional reply brief will be due within 14 days after service of the answering brief. In the absence of a motion, the stay of appellate proceedings will terminate without further notice. [9453999] (OC) [Entered: 03/11/2015 04:18 PM]
06/11/2015  66 
8 pg, 45.09 KB
Filed (ECF) Appellee Kamala D. Harris Joint Motion to stay proceedings. Date of service: 06/11/2015. [9570406] [09-16852] (GW) [Entered: 06/11/2015 09:57 AM]
06/17/2015  67 
1 pg, 42.89 KB
Filed order (Appellate Commissioner): The appellees’ motion to further stay appellate pending Peruta v. County of San Diego, No. 10-56971, proceedings is granted. Appellate proceedings are stayed until September 30, 2015. At or prior to the expiration of the stay of appellate proceedings, the appellees shall file the answering briefs or file a motion for appropriate relief. If the answering briefs are filed, the optional reply brief is due within 14 days after the last-served answering brief. In the absence of a motion, the stay of appellate proceedings will terminate without further notice. (Pro Mo) [9578074] (MS) [Entered: 06/17/2015 01:12 PM]
08/06/2015  68 Added attorney John A. Lavra for County of Sacramento, in case 09-16852 (court correction of docket). [9637856] (ASW) [Entered: 08/06/2015 04:02 PM]
08/06/2015  69 Terminated Jeri Lynn Pappone for Timothy Sheehan, Sacramento County Sheriff’s Department, John McGinnis, Fred Mason, County of Sacramento and Lou Blanas in 09-16852 (csl no longer with firm) [9637858] (ASW) [Entered: 08/06/2015 04:02 PM]

 

 




 

U.S. District Court
Eastern District of California – Live System (Sacramento)
CIVIL DOCKET FOR CASE #: 2:08-cv-02064-JAM-KJM

Rothery et al v Blanas et al
Assigned to: Judge John A. Mendez
Referred to: Magistrate Judge Kimberly J. Mueller, MJ
Cause: 18:1962 Racketeering (RICO) Act
Date Filed: 09/02/2008
Date Terminated: 07/27/2009
Jury Demand: Plaintiff
Nature of Suit: 470 Racketeer/Corrupt Organization
Jurisdiction: Federal Question
Plaintiff
James Rothery represented by Daniel M. Karalash
Strategic Law Command
1207 Front Street
Suite 15
Sacramento, CA 95814
916-787-1234
Email: dan@stratlaw.org
LEAD ATTORNEY
ATTORNEY TO BE NOTICEDGary William Gorski
Law Offices of Gary W. Gorski
1207 Front Street, Suite 22
Sacramento, CA 95814
(916) 965-6800
Email: usrugby@gmail.com
ATTORNEY TO BE NOTICED
Plaintiff
Andrea Hoffman represented by Gary William Gorski
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Plaintiff
Deanna Sykes represented by Alan Gura
Gura & Possessky PLLC
105 Oronoco Street, Suite 305
Alexandria, VA 22314
703-835-9085
Fax: 703-997-7665
Email: alan@gurapossessky.com
ATTORNEY TO BE NOTICED
Plaintiff
Andrew Witham represented by Alan Gura
(See above for address)
ATTORNEY TO BE NOTICED
Plaintiff
Adam Richards represented by Alan Gura
(See above for address)
ATTORNEY TO BE NOTICED
Plaintiff
Calguns Foundation, Inc. represented by Alan Gura
(See above for address)
ATTORNEY TO BE NOTICED
Plaintiff
Second Amendment Foundation represented by Alan Gura
(See above for address)
ATTORNEY TO BE NOTICED
V.
Defendant
County of Sacramento represented by Jeri Lynn Pappone
Longyear, Odea & Lavra, LLP
3620 American River Drive Suite 230
Sacramento, CA 95864
(916) 974-8500 x106
Fax: (916) 974-8510
Email: pappone@longyearlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Lou Blanas
Former Sheriff
represented by Amanda Lynn McDermott
Longyear O’Dea and Lavra
3620 American River Drive
Suite 230
Sacramento, CA 95864-5923
916-974-8500
Fax: 916-974-8510
Email: mcdermott@longyearlaw.com
LEAD ATTORNEYJeri Lynn Pappone
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
John McGinnis
Sheriff
represented by Amanda Lynn McDermott
(See above for address)
LEAD ATTORNEYJeri Lynn Pappone
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Timothy Sheehan
Detective
represented by Amanda Lynn McDermott
(See above for address)
LEAD ATTORNEYJeri Lynn Pappone
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Fred Mason
Detective
represented by Jeri Lynn Pappone
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Sacramento County Sheriff Department
an independent branch of government of the County of Sacramento
represented by Amanda Lynn McDermott
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICEDJeri Lynn Pappone
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Jerry Brown
State of CA Attorney General
represented by Geoffrey Lloyd Graybill
California Attorney General
1300 I Street
P.O. Box 944255
Sacramento, CA 94244-2550
(916) 324-5465
Fax: (916) 324-8835
Email: geoffrey.graybill@doj.ca.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Michael B. Mukasey
Attorney General

 

Date Filed # Docket Text
09/02/2008 1 CIVIL COVER SHEET. Gorski, Gary) Modified on 9/3/2008 (Duong, D). (Entered: 09/02/2008)
09/03/2008 2 COMPLAINT against all defendants by James Rothery, Andrea Hoffman.(Gorski, Gary) Modified on 9/3/2008 (Duong, D). (Entered: 09/03/2008)
09/03/2008 PARTY UPDATE: John McGinnis, and Timothy Sheehan, and Fred Mason, and Sacramento County Sheriff’s Department, and Jerry Brown, and Michael B. Mukasey added. (Duong, D) (Entered: 09/03/2008)
09/03/2008 RECEIPT number #CAE200009914 $350.00 fbo James Rothery by Daniel M. Karalash on 9/3/2008. (Duong, D) (Entered: 09/03/2008)
09/03/2008 4 SUMMONS ISSUED as to *Lou Blanas, John McGinnis, Timothy Sheehan, Fred Mason, Sacramento County Sheriff’s Department, Jerry Brown, Michael B. Mukasey, County of Sacramento* with answer to complaint due within *20* days. Attorney *Law Offices of Gary W. Gorski* *8459 Nephi Way* *Fair Oaks, CA 95628*. (Duong, D) (Entered: 09/03/2008)
09/03/2008 5 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: # 1 Consent Forms, # 2 VDRP Forms) (Duong, D) (Entered: 09/03/2008)
01/14/2009 6 MINUTE ORDER: Plaintiff shall show cause in writing within FOURTEEN (14)DAYS of the date of this notice why the court should not dismiss this action for lack of prosecution.(TEXT ENTRY ONLY) (Vine, H) (Entered: 01/14/2009)
01/16/2009 7 STIPULATION for Extension of Time to Respond or Otherwise Plead to the Complaint Served January 2, 2009 by Jerry Brown. Attorney Graybill, Geoffrey Lloyd added. (Graybill, Geoffrey) (Entered: 01/16/2009)
01/20/2009 8 STIPULATION and PROPOSED ORDER for Extension of time to respond to complaint by Lou Blanas, John McGinnis, Timothy Sheehan, Fred Mason, County of Sacramento. Attorney Pappone, Jeri Lynn added. (Pappone, Jeri) (Entered: 01/20/2009)
01/20/2009 9 NOTICE of RELATED CASE CIV S-03 -2682 by Lou Blanas, John McGinnis, Timothy Sheehan, Fred Mason, County of Sacramento. (Pappone, Jeri) (Entered: 01/20/2009)
01/21/2009 10 RESPONSE to ORDER to SHOW CAUSE by James Rothery, Andrea Hoffman. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Gorski, Gary) (Entered: 01/21/2009)
01/21/2009 11 MINUTE ORDER: GOOD CAUSE APPEARING, The Court’s Order to Show Cause re Lack of Prosecution issued January 14, 2009 is withdrawn. The parties shall file a joint status report on or before March 20, 2009. (TEXT ENTRY ONLY) (Vine, H) (Entered: 01/21/2009)
01/22/2009 12 STIPULATION and ORDER signed by Judge John A. Mendez on 01/21/09 ORDERING that dfts County of Sacramento, John McGinness, Timothy Sheehan, Lou Blanas and Fred Mason have until 04/02/09 to respond to plf’s complaint; the parties also agree to STAYING this current litigation until a decision is rendered by the USCA in Mehl, et al., vv. Blanas, et al. Case stayed. (Benson, A.) (Entered: 01/22/2009)
02/06/2009 13 STIPULATION and PROPOSED ORDER to extend time to respond to complaint by Jerry Brown. (Graybill, Geoffrey) Modified on 2/10/2009 (Engbretson, K.). (Entered: 02/06/2009)
02/09/2009 14 STIPULATION and ORDER signed by Judge John A. Mendez on 2/6/09 re 13 ORDERING that the dfts are GRANTED time including 4/2/09 to file their responsive pleadings. (Duong, D) (Entered: 02/09/2009)
03/20/2009 15 JOINT STATUS REPORT by James Rothery, Andrea Hoffman. (Gorski, Gary) (Entered: 03/20/2009)
03/24/2009 16 SCHEDULING ORDER signed by Judge John A. Mendez on 3/23/2009: Disclosure of Expert Witnesses shall be made by 2/12/2010. All Discovery shall be completed by 4/2/2010. All Dispositive Motions shall be filed by 5/5/2010. Hearing on Motions shall be on 6/2/2010 at 9:00 AM. Final Pretrial Conference set for 7/9/2010 at 03:00 PM and Jury Trial set for 8/16/2010 at 09:00 AM in Courtroom 6 (JAM). This Status Order will become final w/out further Order of Court unless Objection is lodged w/in 7 days of date of filing. (Marciel, M) (Entered: 03/24/2009)
04/02/2009 17 MOTION to DISMISS by Lou Blanas, John McGinnis, Timothy Sheehan, Fred Mason, County of Sacramento. Motion Hearing set for 5/6/2009 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Request for Judicial Notice, # 3 Proof of Service)(Pappone, Jeri) (Entered: 04/02/2009)
04/02/2009 18 MOTION to DISMISS by Jerry Brown. Motion Hearing set for 05/06/09 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Attachments: # 1 Points and Authorities)(Graybill, Geoffrey) (Entered: 04/02/2009)
04/02/2009 19 REQUEST for Judicial Notice by Jerry Brown re 18 Motion to Dismiss. (Attachments: # 1 Exhibit A)(Graybill, Geoffrey) Modified on 4/7/2009 (Benson, A.). (Entered: 04/02/2009)
04/03/2009 20 JOINDER by Lou Blanas, John McGinnis, Timothy Sheehan, Fred Mason, County of Sacramento in re 18 Motion to Dismiss. (Pappone, Jeri) Modified on 4/7/2009 (Benson, A.). (Entered: 04/03/2009)
04/29/2009 21 REPLY by Lou Blanas, John McGinnis, Timothy Sheehan, Fred Mason, Sacramento County Sheriff’s Department, County of Sacramento to RESPONSE to 17 MOTION to DISMISS. Attorney Pappone, Jeri Lynn added. (Pappone, Jeri) (Entered: 04/29/2009)
05/01/2009 22 MINUTE ORDER: The hearing on the motion(s) now calendared for May 6, 2009 are ordered submitted without appearance and without argument pursuant to Local Rule 78-230 (h).If the Court subsequently concludes that oral argument is necessary, a hearing will be set and the parties notified accordingly. (TEXT ENTRY ONLY) (Vine, H) (Entered: 05/01/2009)
05/01/2009 23 STATEMENT of Notice That a First Amended Complaint Will Be Filed Prior to the Hearing of May 6, 2006 by Plaintiffs James Rothery, Andrea Hoffman. (Gorski, Gary) (Entered: 05/01/2009)
05/01/2009 24 AMENDED DOCUMENT by James Rothery, Andrea Hoffman.. First Amended Complaint (Gorski, Gary) (Entered: 05/02/2009)
05/05/2009 25 NOTICE of RELATED CASE 03-CV-2682 MCE KJM by Deanna Sykes, Andrew Witham, Adam Richards, The Calguns Foundation, Inc., Second Amendment Foundation. Attorney Gura, Alan added. (Gura, Alan) Modified on 5/6/2009 (Reader, L). Modified on 5/22/2009 (Carlos, K). (Entered: 05/05/2009)
05/06/2009 26 MOTION Order Permitting Pages Exceeding Limitations for Points and Authorities; Motion to Strike, Motion to Dismiss for failure to state a claim by Lou Blanas, John McGinnis, Timothy Sheehan, Sacramento County Sheriff’s Department. Attorney Butts, Amanda Lynn added. Motion Hearing set for 7/1/2009 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Butts, Amanda) (Entered: 05/06/2009)
05/11/2009 27 ORDER signed by Judge Judge John A. Mendez on 5/8/09 ORDERING that the 26 motion is GRANTED and defts, former Sheriff Lou Blanas, Sheriff John McGinness, Tim Sheehan and the County of Sacramento, may file a memorandum of point and authorities not to exceed 30 pages. (Gaydosh, J) (Entered: 05/11/2009)
05/11/2009 28 MOTION to DISMISS by Lou Blanas, John McGinnis, Timothy Sheehan, Sacramento County Sheriff’s Department, County of Sacramento. Motion Hearing set for 7/1/2009 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Attachments: # 1Memorandum of Points and Authorities, # 2 Request for Judicial Notice)(Pappone, Jeri) (Entered: 05/11/2009)
05/12/2009 29 ORDER signed by Judge Judge John A. Mendez on 05/11/09 ORDERING that Plaintiffs’ Amended Complaint filed May 1, 2009 (Doc. #24) is the operative Complaint for the case; and DENYING Defendants’ 17 and 18 Motions to Dismiss, Motion to Strike and Motion For A More Definite Statement as moot. (Streeter, J) (Entered: 05/12/2009)
05/12/2009 30 NON RELATED CASE ORDER signed by Judge Morrison C. England, Jr on 5/11/2009 ORDERING the Court has determined that it is inappropriate to relate or reassign the cases, and therefore declines to do so. (Matson, R) (Entered: 05/12/2009)
05/12/2009 31 NOTICE Notice of Objection to Related Case Filing by Attorney Alan Gura Reference SYKES v. McGINNIS case number 2:09 by James Rothery, Andrea Hoffman. (Gorski, Gary) (Entered: 05/12/2009)
05/29/2009 32 MOTION to DISMISS by Jerry Brown. Motion Hearing set for 7/1/2009 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Attachments: # 1 Memorandum of Points and Authorities in support) (Graybill, Geoffrey) Modified on 6/1/2009 (Marciel, M). (Entered: 05/29/2009)
05/29/2009 33 REQUEST for JUDICIAL NOTICE by Jerry Brown in support of 32 Motion to Dismiss First Amended Complaint. (Graybill, Geoffrey) Modified on 6/1/2009 (Marciel, M). (Entered: 05/29/2009)
06/03/2009 34 JOINDER by Lou Blanas, John McGinnis, Timothy Sheehan, Fred Mason, Sacramento County Sheriff’s Department, County of Sacramento in re 32 Motion to Dismiss First Amended Complaint filed by Jerry Brown. (Pappone, Jeri) (Entered: 06/03/2009)
06/17/2009 35 OPPOSITION by James Rothery, Andrea Hoffman to 32 Motion to Dismiss First Amended Complaint. (Gorski, Gary) (Entered: 06/17/2009)
06/17/2009 36 OPPOSITION by James Rothery, Andrea Hoffman to 28 Motion to Dismiss. (Gorski, Gary) (Entered: 06/17/2009)
06/23/2009 37 REPLY by county dfts to 36 RESPONSE to 28 MOTION to DISMISS. (Pappone, Jeri) Modified on 6/24/2009 (Duong, D). (Entered: 06/23/2009)
06/25/2009 38 MINUTE ORDER: Due to a scheduling conflict, the hearing on the motion(s) set for 7/1/2009 are reset to 7/15/2009 at 9:00 a.m. (TEXT ENTRY ONLY) (Vine, H) (Entered: 06/25/2009)
07/08/2009 39 REPLY by Jerry Brown to RESPONSE to 32 Motion to Dismiss First Amended Complaint. (Graybill, Geoffrey) (Entered: 07/08/2009)
07/15/2009 40 MINUTES (Text Only) for proceedings held before Judge John A. Mendez: MOTION HEARING held on 7/15/2009 ; Terminate Deadlines and Hearings ; Motions terminated: 32 Motion to Dismiss First Amended Complaint filed by Jerry Brown, 28 MOTION to DISMISS filed by County of Sacramento, Sacramento County Sheriff’s Department, Timothy Sheehan, Lou Blanas, John McGinnis ; granting 28 Motion to Dismiss ; granting 32 Motion to Dismiss. Defendant’s to submit proposed order within 7 days. Plaintiffs Counsel D. Karalash present. Defendants Counsel J. Lavra; G. Graybill present. Court Reporter: K. O’Halloran. (Vine, H) (Entered: 07/15/2009)
07/20/2009 41 TRANSCRIPT of Proceedings held on 7/15/09, before Judge John A. Mendez, filed by Court Reporter Kelly OHalloran, Phone number 916-448-2712 E-mail kohalloran@comcast.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be also obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 8/10/2009. Redacted Transcript Deadline set for 8/20/2009. Release of Transcript Restriction set for 10/19/2009. (O’Halloran, K) (Entered: 07/20/2009)
07/24/2009 42 PROPOSED ORDER by Lou Blanas, John McGinnis, Timothy Sheehan, Sacramento County Sheriff’s Department, County of Sacramento. (Pappone, Jeri) (Entered: 07/24/2009)
07/27/2009 43 PROPOSED ORDER Dismissing First Amended Complaint With Prejudice As To Defendant Attorney General by Jerry Brown. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Graybill, Geoffrey) (Entered: 07/27/2009)
07/27/2009 44 ORDER signed by Judge John A. Mendez on 7/27/09 ORDERING that this case is DISMISSED with prejudice and without leave to amend. (Engbretson, K.) (Entered: 07/27/2009)
07/29/2009 45 ORDER DISMISSING FIRST AMENDED COMPLAINT WIHT PREJUDICE AS TO DEFENDNAT ATTORNEY GENERAL signed by Judge John A. Mendez on 7/28/09. defendant Attorney General’s MOTION to dismiss the First Amended Complaint as to him is granted. The First Amended Complaint is DISMISSED, with prejudice. Plaintiffs’ Countermotion for judgment on the pleadings as to defendant Attorney General is DENIED.(Mena-Sanchez, L) (Entered: 07/29/2009)
08/05/2009 46 MOTION for ATTORNEY FEES by Lou Blanas, John McGinnis, Timothy Sheehan, Fred Mason, Sacramento County Sheriff’s Department, County of Sacramento. Motion Hearing set for 9/9/2009 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Attachments: # 1 Points and Authorities)(Pappone, Jeri) (Entered: 08/05/2009)
08/24/2009 47 NOTICE of APPEAL by James Rothery, Andrea Hoffman. (Gorski, Gary) (Entered: 08/24/2009)
08/24/2009 48 NOTICE and filing of Civil Appeals Docketing Statement for 47 Appeal filed by plaintiffs. (Gorski, Gary) Modified on 8/25/2009 (Marciel, M). (Entered: 08/24/2009)
08/25/2009 RECEIPT number # CAE200019450 $455.00 fbo plaintiff James and Andrea Hoffman by Gary W. Gorski on 8/25/2009. (Marciel, M) (Entered: 08/25/2009)
08/26/2009 50 REQUEST for JUDICIAL NOTICE by James Rothery, Andrea Hoffman. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Gorski, Gary) (Entered: 08/26/2009)
08/26/2009 51 DECLARATION of Gary W. Gorski in OPPOSITION TO 46 MOTION for ATTORNEY FEES. (Gorski, Gary) (Entered: 08/26/2009)
08/26/2009 52 OPPOSITION by James Rothery, Andrea Hoffman to 46 MOTION for ATTORNEY FEES. (Gorski, Gary) (Entered: 08/26/2009)
08/28/2009 53 REPLY by Lou Blanas, John McGinnis, Timothy Sheehan, County of Sacramento to RESPONSE to 46 MOTION for ATTORNEY FEES. (Attachments: # 1 Declaration of Jeri Pappone)(Pappone, Jeri) (Entered: 08/28/2009)
08/28/2009 54 JUDGMENT dated *8/28/09* pursuant to order signed by Judge John A. Mendez on 7/27/09. (Engbretson, K.) (Entered: 08/28/2009)
08/28/2009 55 APPEAL PROCESSED to Ninth Circuit re 47 Notice of Appeal filed by Andrea Hoffman, James Rothery. Filed dates for Notice of Appeal *8/24/2009*, Complaint *9/3/2008* and Appealed Order / Judgment *8/28/2009*. Court Reporter: *Kelly O’Halloran*. *Fee Status: Paid on 8/24/2009 in the amount of $455.00* ** Hearing Dates of *7/15/09* (Attachments: # 1 Appeal Notice, # 2 Certificate of Record) (Kastilahn, A) (Entered: 08/28/2009)
09/04/2009 56 MINUTE ORDER: The hearing on the motion(s) now calendared for September 9, 2009 are ordered submitted without appearance and without argument pursuant to Local Rule 78-230 (h).If the Court subsequently concludes that oral argument is necessary, a hearing will be set and the parties notified accordingly. (TEXT ENTRY ONLY) (Vine, H) (Entered: 09/04/2009)
10/02/2009 57 MINUTE ORDER: IT IS HEREBY ORDERED that Plaintiffs may file a surreply to Sacramento County Defendants reply to Plaintiffs opposition to the motion for attorneys fees. (Doc. # 53.) Plaintiffs must file their surreply within FOURTEEN (14) DAYS of the date of this order. (TEXT ENTRY ONLY) (Vine, H) (Entered: 10/02/2009)
10/16/2009 58 SURREPLY by James Rothery, Andrea Hoffman to 53 Reply to 46 MOTION for ATTORNEY FEES. (Gorski, Gary) Modified on 10/19/2009 (Duong, D). (Entered: 10/16/2009)
10/16/2009 59 DECLARATION of Gary W. Gorski in 58 SURREPLY OPPOSITION TO 46 MOTION for ATTORNEY FEES. (Attachments: # 1 Exhibit G, # 2 Declaration H)(Gorski, Gary) Modified on 10/19/2009 (Duong, D). (Entered: 10/16/2009)
10/16/2009 60 EXHIBIT I re 46 MOTION for ATTORNEY FEES filed by Fred Mason, County of Sacramento, Sacramento County Sheriff’s Department, Timothy Sheehan, Lou Blanas, John McGinnis. (Gorski, Gary) (Entered: 10/16/2009)
10/16/2009 61 SURREPLY REQUEST for JUDICIAL NOTICE by James Rothery, Andrea Hoffman. (Attachments: # 1 Exhibit G, # 2 Exhibit H, # 3 Exhibit I)(Gorski, Gary) Modified on 10/19/2009 (Duong, D). (Entered: 10/16/2009)
10/17/2009 62 OBJECTIONS by James Rothery, Andrea Hoffman to 53 Declaration of Jeri L. Pappone in support of motion for attorneys’ fees. (Gorski, Gary) Modified on 10/19/2009 (Duong, D). (Entered: 10/17/2009)
11/20/2009 63 ORDER DENYING 46 Motion for Attorney Fees signed by Judge John A. Mendez on 11/19/2009. (Matson, R) (Entered: 11/20/2009)
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