Articles

10-11-2018 – Government of California Asks NRA to Join it in Fight Against Open Carry

9-11-2018 – Judge Kavanaugh says Concealed Carry Is Not A Right – NRA Lawyer Says He’s Wrong

9-3-2018 – Professors of Law Say 9th Circuit Open Carry Decision is Now The Law – Young v. Hawaii Lawyer Says It Isn’t

8-15-2018 – Why Are Gun-Rights Lawyers Hiding From 9th Circuit Open Carry Decision?

7-30-2018 – When Will We Be Able to Openly Carry a Firearm in the 9th Circuit?

6-20-2018 – The Second Amendment is in a Coma ten years after the Heller decision

5-13-2018 – NRA Loses Fake Open Carry Lawsuit, Files Three More Concealed Carry Lawsuits

3-4-2018 – Is There a Right to Keep and Bear Arms Outside of our Home?

1-13-2018 – The Guns of February, A Story of Two Three-Judge Panels

12-13-2017 – California Open Carry Lawsuit to be Heard by 9th Circuit on February 15, 2018

11-10-2017 – The End of California Concealed Carry

10-15-2017 – Governor Brown Signs Bill Allowing Guns Inside of Gun-Free School Zones

10-12-2017 – Is There a Right to Keep and Bear Arms? 9th Circuit to Decide in 2018

9-12-2017 – NRA Open Carry Lawsuit Opposes Open Carry

9-3-2017 – Supreme Court Long Conference on September 25, 2017

8-14-2017 – A Declaration That Open Carry Is the Right

7-28-2017 – Transcript Released in NRA’s Fake Open Carry Lawsuit

7-24-2017 – 50th Anniversary of California’s Loaded Open Carry Ban

7-12-2017 – Can we Save Our Right to Keep and Bear Arms?

6-27-2017 – Supreme Court Decides to Wait for Another Second Amendment Case

6/15/2017 – The Evil Practice of Carrying Weapons Secretly

6/6/2017 – NRA Lawyer says Odds are Supreme Court will NOT take Concealed Carry Case

6/2/2017 – The NRA Lost Another Second Amendment Appeal Today

5/29/2017 – Lead Plaintiff in Supreme Court Concealed Carry Appeal says Courts are Corrupt

5/23/2017 – Peruta Concealed Carry Lawsuit has Waited 2,768 Days – Supreme Court says Wait Longer

5/20/2017 – Second Amendment Case Peruta vs. California May Strike-Out at Supreme Court

5/03/2017 – Did the NRA Take a Dive in its Fake Open Carry Lawsuit?

5/01/2017 – Supreme Court Again Silent on Second Amendment

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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Flanagan et al v. Becerra et al - NRA Fake Open Carry Lawsuit - Appeal No.: 18-55717

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Flanagan v. Becerra – Petition for Initial Hearing En Banc – Filed on 9-21-2018

Notice of Appeal Filed on June 4, 2018

Michelle Flanagan et al v. Xavier Becerra – Amended Notice Of Appeal – Filed on June 15, 2018

This page is for the Appeal of the NRA Fake Open Carry Lawsuit, Flanagan et al v. Becerra et al. 

For the district court page, click here.

The schedule as of September 7, 2018, is set as follows:

Mediation Questionnaire due on 06/12/2018.

2 – Flanagan v. Becerra – Mediation Questionnaire – Filed on June 12, 2018.

Case not selected for mediation on June 20, 2018.

Transcript ordered by 07/05/2018.  Transcripts ordered on June 29, 2018.

Transcript due 08/03/2018.

Amended briefing schedule:

Flanagan v. Becerra Opening Brief and Addendum – 115 pages due 10/12/2018. – Filed October 2, 2018.

25 – Amicus Brief of Charles Nichols Filed in Flanagan v. Becerra – Received October 9, 2018, and Filed October 10th by the Clerk of the Court.

Appellees Xavier Becerra and James McDonnell answering brief due 12/13/2018.

The optional reply brief is due 21 days from the date of service of the answering brief.

 




Update by Charles Nichols – October 10, 2018, –  My Amicus brief in support of neither party was filed by the Clerk of the Court.

25 – Amicus Brief of Charles Nichols Filed in Flanagan v. Becerra

Notice of Docket Activity

The following transaction was entered on 10/10/2018 at 4:44:33 PM PDT and filed on 10/09/2018

Case Name: Michelle Flanagan, et al v. Xavier Becerra
Case Number:   18-55717
Document(s): Document(s)

 

Docket Text:
Filed original and 0 copies of Charles Nichols amicus brief of 13 pages. Served via ECF on 10/09/2018. [11042117] (KT)

Notice will be electronically mailed to:

Mr. Sean Anthony Brady, Attorney
Ms. Lana Choi
Mr. Paul D. Clement, Attorney
Mr. Jonathan Michael Eisenberg, Deputy Attorney General
Peiyin Patty Li, Deputy Attorney General
Mr. Carl D. Michel, Senior Attorney
Michael J. Mongan, Attorney
Ms. Erin E. Murphy
Charles Nichols
Mr. Samuel P. Siegel
David Thompson
Ms. Alexandra Zuiderweg

Update by Charles Nichols – October 10, 2018, –  The State of California and the Los Angeles County sheriff both filed a streamlined request for an extension of time to file their Answering Briefs.  Streamlined requests are automatically granted.  Curiously, streamlined requests are for 30 day extensions but they filed for just a one week extension.

Notice of Docket Activity

The following transaction was entered on 10/10/2018 at 2:57:23 PM PDT and filed on 10/10/2018

Case Name: Michelle Flanagan, et al v. Xavier Becerra
Case Number:   18-55717

 

Docket Text:
Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Xavier Becerra. New requested due date is 11/20/2018. [11041736] [18-55717] (Siegel, Samuel)

Notice will be electronically mailed to:

Mr. Carl D. Michel, Senior Attorney
Mr. Jonathan Michael Eisenberg, Deputy Attorney General
Mr. Paul D. Clement, Attorney
David Thompson
Peiyin Patty Li, Deputy Attorney General
Mr. Sean Anthony Brady, Attorney
Ms. Alexandra Zuiderweg
Michael J. Mongan, Attorney
Ms. Erin E. Murphy
Mr. Samuel P. Siegel
Ms. Lana Choi
Charles Nichols

Notice of Docket Activity

The following transaction was entered on 10/10/2018 at 3:32:47 PM PDT and filed on 10/10/2018

Case Name: Michelle Flanagan, et al v. Xavier Becerra
Case Number:   18-55717

 

Docket Text:
Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee James McDonnell. New requested due date is 11/20/2018. [11041845] [18-55717] (Choi, Lana)

United States Court of Appeals for the Ninth Circuit
Notice of Docket Activity

The following transaction was entered on 10/10/2018 at 4:31:00 PM PDT and filed on 10/10/2018

Case Name: Michelle Flanagan, et al v. Xavier Becerra
Case Number:   18-55717

 

Docket Text:
Streamlined request [21], [22] by Appellees Xavier Becerra and James McDonnell to extend time to file the brief is approved. Amended briefing schedule: Appellees Xavier Becerra and James McDonnell answering brief due 12/13/2018. The optional reply brief is due 21 days from the date of service of the answering brief. [11042063] (KM)

Notice will be electronically mailed to:

Mr. Sean Anthony Brady, Attorney
Ms. Lana Choi
Mr. Paul D. Clement, Attorney
Mr. Jonathan Michael Eisenberg, Deputy Attorney General
Peiyin Patty Li, Deputy Attorney General
Mr. Carl D. Michel, Senior Attorney
Michael J. Mongan, Attorney
Ms. Erin E. Murphy
Charles Nichols
Mr. Samuel P. Siegel
David Thompson
Ms. Alexandra Zuiderweg

0/09/2018  19 Received 7 paper copies of Opening Brief [16] filed by appellants. [11041221] (DB) [Entered: 10/10/2018 12:14 PM]
10/09/2018  20 Entered appearance of Amicus Curiae – Pending Charles Nichols. [11041649] (KT) [Entered: 10/10/2018 02:26 PM]
10/09/2018  23 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [25]. Original Text: Received original and 0 copies of Amicus Curiae – Pending Charles Nichols brief in 13 pages. Served via ECF on: 10/10/2018. Major deficiencies: Motion to file amicus brief required. Notified amicus. [11042032] (KT) [Entered: 10/10/2018 04:24 PM]
10/09/2018  25  Filed original and 0 copies of Charles Nichols amicus brief of 13 pages. Served via ECF on 10/09/2018. [11042117] (KT) [Entered: 10/10/2018 04:44 PM]
10/10/2018  21 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Xavier Becerra. New requested due date is 11/20/2018. [11041736] [18-55717] (Siegel, Samuel) [Entered: 10/10/2018 02:57 PM]
10/10/2018  22 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee James McDonnell. New requested due date is 11/20/2018. [11041845] [18-55717] (Choi, Lana) [Entered: 10/10/2018 03:32 PM]
10/10/2018  24 Streamlined request [21], [22] by Appellees Xavier Becerra and James McDonnell to extend time to file the brief is approved. Amended briefing schedule: Appellees Xavier Becerra and James McDonnell answering brief due 12/13/2018. The optional reply brief is due 21 days from the date of service of the answering brief. [11042063] (KM) [Entered: 10/10/2018 04:31 PM]

Update by Charles Nichols – October 8, 2018, –   The NRA left coast lawyers for Flanagan got around to updating their website with their opening brief and excerpts of record-> http://michellawyers.com/michelle-flanagan-et-al-vs-california-attorney-general-kamala-harris-et-al/

Update by Charles Nichols – October 2, 2018, – The NRA filed its opening brief and excerpt of records ten days early.  That has never happened before.

Flanagan v. Becerra Opening Brief and Addendum – 115 pages

Notice of Docket Activity

The following transaction was entered on 10/02/2018 at 8:58:29 PM PDT and filed on 10/02/2018

Case Name: Michelle Flanagan, et al v. Xavier Becerra
Case Number:   18-55717
Document(s): Document(s)

 

Docket Text:
Submitted (ECF) Opening Brief for review. Submitted by Appellants California Rifle & Pistol Association, Inc., Michelle Flanagan, Samuel Golden, Dominic Nardone and Jacob Perkio. Date of service: 10/01/2018. [11033139] [18-55717] (Michel, Carl)

Notice of Docket Activity

The following transaction was entered on 10/02/2018 at 9:01:23 PM PDT and filed on 10/02/2018

Case Name: Michelle Flanagan, et al v. Xavier Becerra
Case Number:   18-55717
Document(s): Document(s)

 

Docket Text:
Submitted (ECF) excerpts of record. Submitted by Appellants California Rifle & Pistol Association, Inc., Michelle Flanagan, Samuel Golden, Dominic Nardone and Jacob Perkio. Date of service: 10/01/2018. [11033141] [18-55717] (Michel, Carl)

 

Update by Charles Nichols – October 2, 2018, – The NRA added two attorneys: Paul Clement and Erin Murphy.

Notice of Docket Activity

The following transaction was entered on 10/02/2018 at 8:15:51 AM PDT and filed on 10/02/2018
Case Name:
Michelle Flanagan, et al v. Xavier Becerra
Case Number:
18-55717
Document(s):
Document(s)

Docket Text:
Filed (ECF) notice of appearance of Erin E. Murphy for Appellants California Rifle & Pistol Association, Inc., Michelle Flanagan, Samuel Golden, Dominic Nardone and Jacob Perkio. Date of service: 10/02/2018. [11031514] [18-55717] (Murphy, Erin)

Notice of Docket Activity

The following transaction was entered on 10/02/2018 at 8:35:24 AM PDT and filed on 10/02/2018

Case Name: Michelle Flanagan, et al v. Xavier Becerra
Case Number:   18-55717

 

Docket Text:
Added attorney Erin E. Murphy, Paul D. Clement for Jacob Perkio Samuel Golden California Rifle & Pistol Association, Inc. Dominic Nardone Michelle Flanagan, in case 18-55717. [11031522] (CW)

Update by Charles Nichols – September 21, 2018, – The Defendant-Appellees (California Attorney General & Los Angeles County Sheriff) filed a petition for an initial hearing en banc.  Given that no such petition has been granted this decade, I suspect that this petition will be denied as mine was if the Young v. Hawaii decision is not taken before an en banc court.

Flanagan v. Becerra – Petition for Initial Hearing En Banc

Notice of Docket Activity

The following transaction was entered on 09/21/2018 at 11:05:16 AM PDT and filed on 09/21/2018

Case Name: Michelle Flanagan, et al v. Xavier Becerra
Case Number:   18-55717
Document(s): Document(s)

 

Docket Text:
Filed (ECF) Appellee Xavier Becerra Motion for miscellaneous relief [Petition for Initial Hearing En Banc]. Date of service: 09/21/2018. [11020720] [18-55717] (Siegel, Samuel)

Update by Charles Nichols – September 7, 2018, – The briefing scheduled has been updated.

Notice of Docket Activity

The following transaction was entered on 09/07/2018 at 12:54:38 PM PDT and filed on 09/07/2018

Case Name: Michelle Flanagan, et al v. Xavier Becerra
Case Number:   18-55717

 

Docket Text:
Streamlined request [10] by Appellants California Rifle & Pistol Association, Inc., Michelle Flanagan, Samuel Golden, Dominic Nardone and Jacob Perkio to extend time to file the brief is approved. Amended briefing schedule: Appellants California Rifle & Pistol Association, Inc., Michelle Flanagan, Samuel Golden, Dominic Nardone and Jacob Perkio opening brief due 10/12/2018. Appellees Xavier Becerra and James McDonnell answering brief due 11/13/2018. The optional reply brief is due 21 days from the date of service of the answering brief. [11004443] (SB)

Notice of Docket Activity

The following transaction was entered on 09/07/2018 at 9:49:36 AM PDT and filed on 09/07/2018

Case Name: Michelle Flanagan, et al v. Xavier Becerra
Case Number:   18-55717

 

Docket Text:
Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellants California Rifle & Pistol Association, Inc., Michelle Flanagan, Samuel Golden, Dominic Nardone and Jacob Perkio. New requested due date is 10/02/2018. [11004064] [18-55717] (Michel, Carl)

Update by Charles Nichols – July 31, 2018, – The Sheriff of Los Angeles County enters onto the stage.  There is still no updated briefing schedule.

Notice of Docket Activity

The following transaction was entered on 07/31/2018 at 9:19:36 AM PDT and filed on 07/31/2018

Case Name: Michelle Flanagan, et al v. Xavier Becerra
Case Number:   18-55717

 

Docket Text:
Entered appearance of Appellee James McDonnell, Sheriff of Los Angeles County, per Amended NOA filed 6-15-2018. [10960524] (RT)

Notice will be electronically mailed to:

Mr. Sean Anthony Brady, Attorney
Ms. Lana Choi
Mr. Jonathan Michael Eisenberg, Deputy Attorney General
Peiyin Patty Li, Deputy Attorney General
Mr. Carl D. Michel, Senior Attorney
Michael J. Mongan, Attorney
Mr. Samuel P. Siegel
David Thompson
Ms. Alexandra Zuiderweg

Update by Charles Nichols – June 29, 2018, – The Amended Notice of Appeal was received on June 15, 2018, but the docket still does not reflect the Los Angeles County Sheriff as a defendant.

Update by Charles Nichols – June 28, 2018, – Attorneys at the law firm of Michel and Associates are not the best attorneys by a long shot.  When the Peruta v. San Diego en banc appeal rolled around, the NRA hired $2,000/hour lawyer Paul Clement to argue its case.  When the preliminary injunction appeal of Duncan v. Becerra was argued, the NRA brought in an outside lawyer from Kirkland and Ellis who is that rarest of lawyers, a lawyer who actually knows what she is doing.

For example, one of the lawyers at Michel and Associates is a former member of CalGuns.nut.

And so in the appeal of Flanagan v. Harris, the NRA has hired outside counsel, David Thompson of Cooper and Kirk.  In response, the State of California has brought in two additional attorneys: Deputy Solicitor General Michael J. Mongan and Associate Deputy Solicitor General Samuel P. Siegel.

United States Court of Appeals for the Ninth Circuit
Notice of Docket Activity

The following transaction was entered on 06/28/2018 at 9:20:09 AM PDT and filed on 06/28/2018

Case Name: Michelle Flanagan, et al v. Xavier Becerra
Case Number:   18-55717

 

Docket Text:
Added attorney Samuel P. Siegel for Xavier Becerra, in case 18-55717. [10925290] (NAC)

Notice will be electronically mailed to:

Mr. Sean Anthony Brady, Attorney
Mr. Jonathan Michael Eisenberg, Deputy Attorney General
Peiyin Patty Li, Deputy Attorney General
Mr. Carl D. Michel, Senior Attorney
Mr. Samuel P. Siegel
David Thompson

United States Court of Appeals for the Ninth Circuit
Notice of Docket Activity

The following transaction was entered on 06/28/2018 at 9:39:24 AM PDT and filed on 06/28/2018

Case Name: Michelle Flanagan, et al v. Xavier Becerra
Case Number:   18-55717

 

Docket Text:
Added attorney Michael J. Mongan for Xavier Becerra, in case 18-55717. [10925356] (CW)

Notice will be electronically mailed to:

Mr. Sean Anthony Brady, Attorney
Mr. Jonathan Michael Eisenberg, Deputy Attorney General
Peiyin Patty Li, Deputy Attorney General
Mr. Carl D. Michel, Senior Attorney
Michael J. Mongan, Attorney
Mr. Samuel P. Siegel
David Thompson

Update by Charles Nichols – June 21, 2018, – Attorneys representing all of the parties to this appeal have consented to my entering as an Amicus.  I suspect that the attorneys representing the Los Angeles County Sheriff will file a motion for summary affirmance because there is nothing for them to argue on the merits.  The en banc panel in Peruta v. San Diego has already decided the concealed carry question.  If they do and if the motion is granted then there will be no need for me to write that Amicus brief, leaving me having to write just a single Amicus brief in support of neither of the remaining two sides.

Update by Charles Nichols – June 20, 2018, – This appeal was not selected for mediation.  This should come as no surprise.

United States Court of Appeals for the Ninth Circuit
Notice of Docket Activity

The following transaction was entered on 06/20/2018 at 4:14:30 PM PDT and filed on 06/20/2018

Case Name: Michelle Flanagan, et al v. Xavier Becerra
Case Number:   18-55717
Document(s): Document(s)

 

Docket Text:
MEDIATION ORDER FILED: This case is NOT SELECTED for inclusion in the Mediation Program. Counsel may contact circuit mediator to discuss services available through the court’s mediation program, to request a settlement assessment conf, or to request a stay of the appeal for settlement purposes. Also, upon agreement of the parties, the brfing sch can be modified or vacated to facilitate settlement discussions. Csl are requested to send copies of this order to their clients. Info regarding the mediation program may be found at www.ca9.uscourts.gov/mediation. [10916404] (CL)

Notice will be electronically mailed to:

Mr. Sean Anthony Brady, Attorney
Mr. Jonathan Michael Eisenberg, Deputy Attorney General
Peiyin Patty Li, Deputy Attorney General
Mr. Carl D. Michel, Senior Attorney
David Thompson

Update by Charles Nichols – June 15, 2018, – The Amended Notice of Appeal was filed by the Plaintiffs.

Michelle Flanagan et al v. Xavier Becerra – Amended Notice Of Appeal

United States Court of Appeals for the Ninth Circuit
Notice of Docket Activity

The following transaction was entered on 06/15/2018 at 1:37:55 PM PDT and filed on 06/15/2018

Case Name: Michelle Flanagan, et al v. Xavier Becerra
Case Number:   18-55717
Document(s): Document(s)

Docket Text:
Received copy of amended notice of appeal from district court filed 6/15/18. [10910830] (CW)

The following document(s) are associated with this transaction:
Document Description: Main Document
Original Filename: 18-55717.pdf

Update by Charles Nichols – June 12, 2018, – The Mediation Questionnaire was filed by the Plaintiffs.

2 – Flanagan v. Becerra – Mediation Questionnaire

United States Court of Appeals for the Ninth Circuit
Notice of Docket Activity

The following transaction was entered on 06/12/2018 at 6:05:04 PM PDT and filed on 06/12/2018

Case Name: Michelle Flanagan, et al v. Xavier Becerra
Case Number:   18-55717
Document(s): Document(s)

Docket Text:
Filed (ECF) Appellants California Rifle & Pistol Association, Inc., Michelle Flanagan, Samuel Golden, Dominic Nardone and Jacob Perkio Mediation Questionnaire. Date of service: 06/12/2018. [10906357] [18-55717] (Michel, Carl)

Notice will be electronically mailed to:

Mr. Carl D. Michel, Senior Attorney
Mr. Jonathan Michael Eisenberg, Deputy Attorney General
David Thompson
Peiyin Patty Li, Deputy Attorney General
Mr. Sean Anthony Brady, Attorney

Update by Charles Nichols – June 7, 2018, – This page created.

The schedule is set as follows: Mediation Questionnaire due on 06/12/2018. Transcript ordered by 07/05/2018. Transcript due 08/03/2018. Appellants California Rifle & Pistol Association, Inc., Michelle Flanagan, Samuel Golden, Dominic Nardone and Jacob Perkio opening brief due 09/12/2018. Appellee Xavier Becerra answering brief due 10/12/2018. Appellant’s optional reply brief is due 21 days after service of the answering brief.

100 – Notice of Appeal to 9th Circuit Court of Appeals 6-4-2018

101 – USCA Notification of Case Number

102 – Application to the Clerk to Tax Costs

103 – Stipulation to Amend-Correct the Judgment

103-1 – Proposed Order Amending-Correcting Judgment




Court of Appeals Docket as of October 5, 2018

General Docket
United States Court of Appeals for the Ninth Circuit
Court of Appeals Docket #: 18-55717 Docketed: 06/05/2018
Nature of Suit: 3440 Other Civil Rights
Michelle Flanagan, et al v. Xavier Becerra
Appeal From: U.S. District Court for Central California, Los Angeles
Fee Status: Paid
Case Type Information:
     1) civil
     2) private
     3) null
Originating Court Information:
     District: 0973-2 : 2:16-cv-06164-JAK-AS
     Court Reporter: Alexander Joko
     Court Reporter: Alberto V. Ortiz, Court Reporter Supervisor
     Trial Judge: John A. Kronstadt, District Judge
     Date Filed: 08/17/2016
     Date Order/Judgment:      Date Order/Judgment EOD:      Date NOA Filed:      Date Rec’d COA:
     05/24/2018      05/24/2018      06/04/2018      06/04/2018
Prior Cases:
     None
Current Cases:
     None

 

MICHELLE FLANAGAN
Plaintiff – Appellant,
Sean Anthony Brady, Attorney
Direct: 562-216-4444
[COR NTC Retained]
Michel & Associates, P.C.
Suite 200
180 E. Ocean Blvd.
Long Beach, CA 90802Paul D. Clement, Attorney
Direct: 202-879-5000
[COR NTC Retained]
Kirkland & Ellis LLP
Suite 1200
655 Fifteenth Street, N.W.
Washington, DC 20005Carl D. Michel, Esquire, Senior Attorney
Direct: 562-216-4444
[COR NTC Retained]
Michel & Associates, P.C.
Suite 200
180 E. Ocean Blvd.
Long Beach, CA 90802Erin E. Murphy
Direct: 202-879-5000
[COR NTC Retained]
Kirkland & Ellis LLP
Suite 1200
655 Fifteenth Street, N.W.
Washington, DC 20005David Thompson
Direct: 202-220-9600
[COR NTC Retained]
Cooper & Kirk, PLLC
1523 New Hampshire Avenue, N.W.
Washington, DC 20036
SAMUEL GOLDEN
Plaintiff – Appellant,
Sean Anthony Brady, Attorney
Direct: 562-216-4444
[COR NTC Retained]
(see above)Paul D. Clement, Attorney
Direct: 202-879-5000
[COR NTC Retained]
(see above)Carl D. Michel, Esquire, Senior Attorney
Direct: 562-216-4444
[COR NTC Retained]
(see above)Erin E. Murphy
Direct: 202-879-5000
[COR NTC Retained]
(see above)David Thompson
Direct: 202-220-9600
[COR NTC Retained]
(see above)
DOMINIC NARDONE
Plaintiff – Appellant,
Sean Anthony Brady, Attorney
Direct: 562-216-4444
[COR NTC Retained]
(see above)Paul D. Clement, Attorney
Direct: 202-879-5000
[COR NTC Retained]
(see above)Carl D. Michel, Esquire, Senior Attorney
Direct: 562-216-4444
[COR NTC Retained]
(see above)Erin E. Murphy
Direct: 202-879-5000
[COR NTC Retained]
(see above)David Thompson
Direct: 202-220-9600
[COR NTC Retained]
(see above)
JACOB PERKIO
Plaintiff – Appellant,
Sean Anthony Brady, Attorney
Direct: 562-216-4444
[COR NTC Retained]
(see above)Paul D. Clement, Attorney
Direct: 202-879-5000
[COR NTC Retained]
(see above)Carl D. Michel, Esquire, Senior Attorney
Direct: 562-216-4444
[COR NTC Retained]
(see above)Erin E. Murphy
Direct: 202-879-5000
[COR NTC Retained]
(see above)David Thompson
Direct: 202-220-9600
[COR NTC Retained]
(see above)
CALIFORNIA RIFLE & PISTOL ASSOCIATION, INC.
Plaintiff – Appellant,
Sean Anthony Brady, Attorney
Direct: 562-216-4444
[COR NTC Retained]
(see above)Paul D. Clement, Attorney
Direct: 202-879-5000
[COR NTC Retained]
(see above)Carl D. Michel, Esquire, Senior Attorney
Direct: 562-216-4444
[COR NTC Retained]
(see above)Erin E. Murphy
Direct: 202-879-5000
[COR NTC Retained]
(see above)David Thompson
Direct: 202-220-9600
[COR NTC Retained]
(see above)
   v.
XAVIER BECERRA, in his official capacity as Attorney General of the State of California
Defendant – Appellee,
Jonathan Michael Eisenberg, Deputy Attorney General
[COR NTC Dep State Aty Gen]
California Department of Justice
300 S. Spring Street
Los Angeles, CA 90013Peiyin Patty Li, Deputy Attorney General
Direct: 415-510-3817
[COR NTC Dep State Aty Gen]
California Department of Justice
455 Golden Gate Avenue
Suite 11000
San Francisco, CA 94102Michael J. Mongan, Attorney
Direct: 415-703-2548
[COR NTC Government]
California Department of Justice
455 Golden Gate Avenue
Suite 11000
San Francisco, CA 94102Samuel P. Siegel
[COR NTC Dep State Aty Gen]
AGCA-Office of the California Attorney General
1300 I Street
Suite 125
Sacramento, CA 95814
JAMES MCDONNELL, Sheriff of Los Angeles County
Defendant – Appellee,
Lana Choi
Direct: 213-974-0811
[COR LD NTC Dep County Counsel]
Los Angeles County Counsel
500 West Temple Street
Los Angeles, CA 90012Alexandra Zuiderweg
Direct: 213-974-1871
[COR LD NTC Dep County Counsel]
Los Angeles County Counsel
648 Kenneth Hahn Hal
500 West Temple Street
Los Angeles, CA 90012

MICHELLE FLANAGAN; SAMUEL GOLDEN; DOMINIC NARDONE; JACOB PERKIO; CALIFORNIA RIFLE & PISTOL ASSOCIATION, INC.,

Plaintiffs – Appellants,

v.

XAVIER BECERRA, in his official capacity as Attorney General of the State of California; JAMES MCDONNELL, Sheriff of Los Angeles County,

Defendants – Appellees.

 

06/05/2018   1 
15 pg, 578.83 KB
DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 06/12/2018. Transcript ordered by 07/05/2018. Transcript due 08/03/2018. Appellants California Rifle & Pistol Association, Inc., Michelle Flanagan, Samuel Golden, Dominic Nardone and Jacob Perkio opening brief due 09/12/2018. Appellee Xavier Becerra answering brief due 10/12/2018. Appellant’s optional reply brief is due 21 days after service of the answering brief. [10897314] (JBS) [Entered: 06/05/2018 02:39 PM]
06/12/2018   2 
3 pg, 522.9 KB
Filed (ECF) Appellants California Rifle & Pistol Association, Inc., Michelle Flanagan, Samuel Golden, Dominic Nardone and Jacob Perkio Mediation Questionnaire. Date of service: 06/12/2018. [10906357] [18-55717] (Michel, Carl) [Entered: 06/12/2018 06:05 PM]
06/15/2018   3 
5 pg, 126.46 KB
Received copy of amended notice of appeal from district court filed 6/15/18. [10910830] (CW) [Entered: 06/15/2018 01:37 PM]
06/20/2018   4 
2 pg, 196.34 KB
MEDIATION ORDER FILED: This case is NOT SELECTED for inclusion in the Mediation Program. Counsel may contact circuit mediator to discuss services available through the court’s mediation program, to request a settlement assessment conf, or to request a stay of the appeal for settlement purposes. Also, upon agreement of the parties, the brfing sch can be modified or vacated to facilitate settlement discussions. Csl are requested to send copies of this order to their clients. Info regarding the mediation program may be found at www.ca9.uscourts.gov/mediation. [10916404] (CL) [Entered: 06/20/2018 04:14 PM]
06/28/2018   5 
2 pg, 109.56 KB
Filed (ECF) notice of appearance of Samuel P. Siegel for Appellee Xavier Becerra. Date of service: 06/28/2018. [10925170] [18-55717] (Siegel, Samuel) [Entered: 06/28/2018 08:42 AM]
06/28/2018   6 Added attorney Samuel P. Siegel for Xavier Becerra, in case 18-55717. [10925290] (NAC) [Entered: 06/28/2018 09:20 AM]
06/28/2018   7 
2 pg, 88.96 KB
Filed (ECF) notice of appearance of Michael James Mongan for Appellee Xavier Becerra. Date of service: 06/28/2018. [10925348] [18-55717] (Mongan, Michael) [Entered: 06/28/2018 09:37 AM]
06/28/2018   8 Added attorney Michael J. Mongan for Xavier Becerra, in case 18-55717. [10925356] (CW) [Entered: 06/28/2018 09:39 AM]
07/31/2018   9 Entered appearance of Appellee James McDonnell, Sheriff of Los Angeles County, per Amended NOA filed 6-15-2018. [10960524] (RT) [Entered: 07/31/2018 09:19 AM]
09/07/2018   10 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellants California Rifle & Pistol Association, Inc., Michelle Flanagan, Samuel Golden, Dominic Nardone and Jacob Perkio. New requested due date is 10/02/2018. [11004064] [18-55717] (Michel, Carl) [Entered: 09/07/2018 09:49 AM]
09/07/2018   11 Streamlined request [10] by Appellants California Rifle & Pistol Association, Inc., Michelle Flanagan, Samuel Golden, Dominic Nardone and Jacob Perkio to extend time to file the brief is approved. Amended briefing schedule: Appellants California Rifle & Pistol Association, Inc., Michelle Flanagan, Samuel Golden, Dominic Nardone and Jacob Perkio opening brief due 10/12/2018. Appellees Xavier Becerra and James McDonnell answering brief due 11/13/2018. The optional reply brief is due 21 days from the date of service of the answering brief. [11004443] (SB) [Entered: 09/07/2018 12:54 PM]
09/21/2018   12 
21 pg, 190.6 KB
Filed (ECF) Appellee Xavier Becerra Motion for miscellaneous relief [Petition for Initial Hearing En Banc]. Date of service: 09/21/2018. [11020720] [18-55717] (Siegel, Samuel) [Entered: 09/21/2018 11:05 AM]
10/02/2018   13 
2 pg, 110.31 KB
Filed (ECF) notice of appearance of Paul D. Clement for Appellants California Rifle & Pistol Association, Inc., Michelle Flanagan, Samuel Golden, Dominic Nardone and Jacob Perkio. Date of service: 10/02/2018. [11031512] [18-55717] (Clement, Paul) [Entered: 10/02/2018 08:12 AM]
10/02/2018   14 
2 pg, 155.39 KB
Filed (ECF) notice of appearance of Erin E. Murphy for Appellants California Rifle & Pistol Association, Inc., Michelle Flanagan, Samuel Golden, Dominic Nardone and Jacob Perkio. Date of service: 10/02/2018. [11031514] [18-55717] (Murphy, Erin) [Entered: 10/02/2018 08:15 AM]
10/02/2018   15 Added attorney Erin E. Murphy, Paul D. Clement for Jacob Perkio Samuel Golden California Rifle & Pistol Association, Inc. Dominic Nardone Michelle Flanagan, in case 18-55717. [11031522] (CW) [Entered: 10/02/2018 08:35 AM]
10/02/2018   16 
115 pg, 531.77 KB
Submitted (ECF) Opening Brief for review. Submitted by Appellants California Rifle & Pistol Association, Inc., Michelle Flanagan, Samuel Golden, Dominic Nardone and Jacob Perkio. Date of service: 10/01/2018. [11033139] [18-55717] (Michel, Carl) [Entered: 10/02/2018 08:58 PM]
10/02/2018   17 
2299 pg, 100.86 MB
Submitted (ECF) excerpts of record. Submitted by Appellants California Rifle & Pistol Association, Inc., Michelle Flanagan, Samuel Golden, Dominic Nardone and Jacob Perkio. Date of service: 10/01/2018. [11033141] [18-55717] (Michel, Carl) [Entered: 10/02/2018 09:01 PM]
10/03/2018   18 
2 pg, 188.54 KB
Filed clerk order: The opening brief [16] submitted by appellants is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: blue. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate CM/ECF. The Court has reviewed the excerpts of record [17] submitted by appellants. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [11033521] (KT) [Entered: 10/03/2018 10:04 AM]
0/09/2018  19 Received 7 paper copies of Opening Brief [16] filed by appellants. [11041221] (DB) [Entered: 10/10/2018 12:14 PM]
10/09/2018  20 Entered appearance of Amicus Curiae – Pending Charles Nichols. [11041649] (KT) [Entered: 10/10/2018 02:26 PM]
10/09/2018  23 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [25]. Original Text: Received original and 0 copies of Amicus Curiae – Pending Charles Nichols brief in 13 pages. Served via ECF on: 10/10/2018. Major deficiencies: Motion to file amicus brief required. Notified amicus. [11042032] (KT) [Entered: 10/10/2018 04:24 PM]
10/09/2018  25  Filed original and 0 copies of Charles Nichols amicus brief of 13 pages. Served via ECF on 10/09/2018. [11042117] (KT) [Entered: 10/10/2018 04:44 PM]
10/10/2018  21 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Xavier Becerra. New requested due date is 11/20/2018. [11041736] [18-55717] (Siegel, Samuel) [Entered: 10/10/2018 02:57 PM]
10/10/2018  22 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee James McDonnell. New requested due date is 11/20/2018. [11041845] [18-55717] (Choi, Lana) [Entered: 10/10/2018 03:32 PM]
10/10/2018  24 Streamlined request [21], [22] by Appellees Xavier Becerra and James McDonnell to extend time to file the brief is approved. Amended briefing schedule: Appellees Xavier Becerra and James McDonnell answering brief due 12/13/2018. The optional reply brief is due 21 days from the date of service of the answering brief. [11042063] (KM) [Entered: 10/10/2018 04:31 PM]

 

 

 

 

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