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Old July 20, 2010, 09:51 AM   #3
Al Norris
Staff
 
Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,317
Current 2A Cases

  • 21. Baker v. Drozdoff (was Baker v. Biaggi): Argues a tent in a campground is a home (albeit temporary) under Heller and that Nevada cannot bar non-residents the right to keep and bear arms for self defense. U.S. District Court for Nevada, Northern District, July 2010. James M. Manley and Robert M. Slayer, attorneys for plaintiff. ... Preliminary Injunction agreed to by all parties.
    • 02-27-2012 - An Order approving a Feb. 22nd Stipulation to Dismiss without Prejudice was granted. Nevada rulemaking was completed on Oct. 26th, 2011 and cured the plaintiffs complaint.

    Internet Archive
    Justia Summary
    TFL Thread
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  • 22. Parker v. California: Case #10CECG02116, filed on June 17, 2010. Docket. The NRA-CRPA Foundation Legal Action Project ("LAP") has filed a lawsuit challenging AB962. July 2010, Superior Court of California, Fresno. C.D. Michel, attorney for plaintiffs. The complaint has become available via an included exhibit by CA in their MTD in the OOIDA case.
    • 01-20-2011 - AB962 was ruled unconstitutionally vague and Permanent Injunction signed.
    • Plaintiffs and Defendants are currently haggling over fees. This matter has been continued until 09-21-2011.
    • 09-21-2011 - Argued and taken under advisement.
    • 04-28-2011 - Notice of Appeal Case #F062490.
    • 06-14-2011 - Notice of Appeal Case #F062709.
    • 01-18-2012 - To DENY Plaintiffs' motion for attorneys' fees (Code of Civil Procedure § 1021.5.) with prejudice.
      • 09-13-2011 - Opening Brief due on 10-27-2011.
      • 10-18-2011 #F062709 is consolidated into #F062490.
      • 10-28-2011 - Stipulated extension to file. Opening brief now due on 12-12-2011.
      • 12-13-2011 - Stipulated extension to file. Opening brief now due on 01-31-2012.
      • 01-30-2012 - Appellant/Defendants has filed opening brief (no links).
      • 08-16-2012 - Appellee/Plaintiffs filed their response (see thread).
      • 09-26-2012 - Appellants’ Reply Brief.
      • 10-09-2013 - Amiicus brief filed by FFLGuard LLC & Gun Owners of CA.
      • 10-10-2012 - Amicus brief filed by LEAA.
      • 11-13-2012 - Appellants response to amici.
      • 11-06-2013 - Opinion issued upholding, in full, the district court's injunction.
        • 12-16-2013 - State files a petition for review before the CA Supreme Court.
        • 01-10-2014 - Respondents filed their answer in opposition.
        • 01-21-2014 - State files its reply brief.

    Internet Archive - None. This is a State Case
    Justia Summary - None. This is a State Case
    CA 5th DCA (type "F062490" into the search box)
    TFL Thread
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  • 23. OOIDA v. Lindley: The complaint alleges that AB962 unlawfully interferes with interstate commerce and is pre-empted by Federal laws regulating interstate commerce. Lawsuit seeks to block enforcement of the law. U.S. District Court, Eastern District of California, Sacramento Division. A preliminary injunction request is said to be filed, shortly. Jason A. Davis and C.D. Michel, attorneys for plaintiffs.
    • On 12-02-2010, Judge Morrison C. England, Jr dismissed both OOIDA v. Lindley and State Ammunition v. Lindley as not being ripe.

    Internet Archive
    Justia Summary
    TFL Thread
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  • 24. Mishaga v. Monken: Challenges the Illinois FOID statutes as they are discriminatory to residents of other States and deprive citizens of their RKBA and Right to Travel (430 ILCS 65/1; 65/2; 65/4; 65/14). Filed July, 2010, U.S. District Court, Central District of Illinois, Springfield Division. James Manley (Mountain States Legal Foundation), attorney for plaintiff.

    Internet Archive
    Justia Summary
    TFL Thread
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  • 25. Woollard v. Sheridan, et al: This is another Alan Gura/SAF lawsuit. It challenges Maryland's Carry permit law that requires applicants demonstrate "good and substantial reasons." Filed 28 July, 2010 in the U.S. District Court for the District of Maryland. Alan Gura and Cary J. Hansel, attorneys for plaintiffs.
    • 07-21-2011 - Oral Arguments heard and matter submitted.
    • 12-31-2011 - Crickets.
    • 03-02-2012 - Memorandum Opinion issued. Plaintiffs MSJ granted, Defendants MSJ denied.
    • 03-30-2012 - Amended Order by Judge Legg filed. Permanent Injunction issued, temporary stay until briefed (see thread).
    • 04-02-2012 - MD files Notice of Appeal.
      • 06-15-2012 - MD files opening brief.
      • 07-15-2012 - Gura for the Appellees requests a 14 day extension to file a response and that was granted. Response due on July 30th.
    • 07-24-2012 - Update for the District Court denying the Motion to Stay pending appeal. Stay will dissolve on Aug. 7th.
      • 07-27-2012 - Appellant/Defendant MD files Motion to Stay pending appeal. Response from Appellee/Plaintiff due July 31st.
      • 07-30-2012 - Gura files the response brief.
      • 08-01-2012 - Motions Panel grants the Stay, but places the case on an expedited basis.
      • 08-06-2012 - An unprecedented 9 amici briefs, for the Appellee/Plaintiff, were filed.
      • 08-15-2012 - The Court has ordered that oral arguments are scheduled for October 24th.
      • 08-22-2012 - Appellant/Defendants file their reply brief.
      • 03-21-2013 - Appeals panel rejects Judge Legg's ruling and reverses the district court.
      • 04-04-2013 - Motion for en banc hearing filed.
      • 04-16-2013 - Motion for rehearing en banc, denied.
        • 07-09-2013 - Petition for certiorari filed. Case #13-42.
        • 08-12-2013 - Six amicus curiae briefs in support of Woollard are filed.
        • 10-15-2013 - Cert Denied.

    Internet Archive
    Justia Summary
    Justia Summary at CA4
    Internet Archive - CA4
    TFL Thread
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  • 26. Ezell et al., v. City of Chicago: Challenges the new rules banning gun ranges in the city as violating 1st, 2nd and 14th amendments. U.S. District Court for the Northern District of Illinois. Alan Gura and David Sigale for the Plaintiffs. August, 2010.
    • 10-12-2010 - Motion for Preliminary Injunction denied at District Court.
    • 10-28-2010 - Appealed to 7th Circuit.
      • The opening brief, for the 7th Circuit Court in Ezell, has been filed.
      • 04-04-2011 Orals in 7th Circuit
      • 07-06-2011 - Reversed and Remanded with orders to file Preliminary Injunction on.
    • 07-29-2011 - Chicago reopens the case with a Motion To Dismiss as moot, based on the ordinances that were changed on 07-06-2011.
    • 09-28-2011 - MTD as moot, denied.
    • 10-15-2011 - Amended Complaint is filed.
    • 11-16-2011 - Response to complaint is filed.
    • 02-04-2013 - Second Amended Complaint is filed (see thread for details).
    • 03-01-2013 - Chicago answers the SAC.

    Internet Archive
    Justia Summary
    Justia Summary at 7th Circuit
    TFL Thread
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  • 27. NRA v. BATFE (was Jennings) (was D'Cruz): This complaint seeks to invalidate those portions of the 1968 Gun Control Act that prohibit adults aged 18 to 20 from buying handguns and ammunition from licensed dealers. See 18 U.S.C. § 921 and § 922. Filed on Sept 8, 2010 in the U.S. District Court for the Northern District of Texas, Lubbock Division. Attorneys for the Plaintiff are Charles J. Cooper (NRA) and Fernando M. Bustos.
    • 09-29-2011 - Defendants MTD, denied. Defendants MSJ, granted.
      • 10-04-2011 - Appealed to 5th Circuit.
      • 12-05-2011 - Opening Brief Filed.
      • 12-12-2011 - Amicus brief filed by the NSSF.
      • 01-23-2012 - Response filed by Appellees.
      • 01-30-2012 - Amicus brief filed by the Brady Group.
      • 02-16-2012 - Reply filed by Appellants.
      • 05-16-2012 - Orals tentatively set for 07-09-2012.
      • 07-09-2012 - Oral arguments were made.
      • 10-25-2012 - In a 41 page opinion, the lower courts MSJ was affirmed.
      • 11-25-2012 - Petition for rehearing and en banc hearing filed.
      • 01-04-2013 - Response filed by BATF.
      • 04/29/2013 - Revised Opinion Filed.
      • 04-30-2013 - Petition for rehearing denied.
      • 05-08-2013 - Mandate Issued.
        • 07-29-2013 - Petition for certiorari is filed. Case #13-137.
        • 11-13-2013 - Response filed by BATF&E.
        • 12-03-2013 - Reply brief filed. Awaiting date for conference.

    Internet Archive
    Justia Summary
    Justia Summary at 5th Circuit
    TFL Thread
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  • 28. NRA v. McCraw (was Jennings) (was D'Cruz): This case seeks to invalidate the licensed concealed carry age restrictions of the State of Texas. This civil suit was filed concurrently with the suit above.
    • 01-19-2012 - Plaintiffs MSJ Denied. Defendants MSJ Granted
    • 01-23-2012 - Notice of Appeal.
    • 02-10-2012 - Opening Brief due on 03-21-2012.
      • 03-21-2012 - Opening Brief by appellants filed.
      • 05-23-2012 - Appellees response filed.
      • 05-30-2012 - Brady's file an amicus brief.
      • 06-18-2012 - Appellants file their reply brief. Awaiting date for orals.
      • 10-24-2012 - Calendared for Orals on 12-03-2012.
      • 05-29-2013 - Opinion issued. Texas law is upheld.
      • 05-21-2013 - Revised Opinion Filed
      • 06-03-2013 - Petition for rehearing/en banc filed.
      • 06-26-2013 - Rehearing denied.
      • 07-05-2013 - Mandate Issued.
        • 09-24-2013 - Petition for Cert filed. Docket #13-390.
        • 11-12-2013 - DISTRIBUTED for Conference of November 26, 2013.
        • 11-19-2013 - Response Requested . (Due December 19, 2013).
        • 12-09-2013 - Order extending time to file response to petition to and including January 21, 2014.

    Internet Archive
    Justia Summary
    Justia Summary at 5th Circuit
    TFL Thread
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  • 29. Wisconsin Carry Inc., et al v. Wray, Noble: This lawsuit challenges the City of Madison for its behavior as regards lawful open carry in the State of Wisconsin (where concealed carry is unlawful). A discussion of the event that proceeded this suit is at the TFL link, below. Filed in the U.S. District Court for the Western District of Wisconsin. John R. Monroe (Peterson v. LaCabe) attorney for plaintiff.

    Internet Archive
    Justia Summary
    TFL Thread
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  • 30. Bonidy v. U.S.P.S.: Debbie and Tab Bonidy and the National Assoc. Gun Rights have sued the Postal service for violation of their 2A rights. Filed 10-04-2010 in the US District Court for the District of Colorado. Attorney James Manely (Mountain States Legal Foundation) for the plaintiffs.
    • 03-21-2011 - Defendants MTD granted with a stipulation that Plaintiffs may file an amended complaint.
    • 04-08-2011 - Plaintiffs Second Amended Complaint filed (#15).
    • 04-25-2011 - Defendants filed an MTD.
    • 07-08-2011 - Notice of Supplemental Authority filed (Ezell).
    • 11-18-2011 - Judge denies the defendants MTD and orders them to answer the complaint.
    • 12-09-2011 - Defendants filed their answer.
    • 09-28-2012 - Defendants file MSJ.
    • 10-29-2012 - Plaintiffs file a cross-MSJ.
    • 06-18-2013 - Hearing held on Motions.
    • 07-09-2012 - Opinion and Judgment filed. Defendants MSJ denied and Plaintiffs MSJ granted in part and denied in part. Plaintiffs take costs.
      • 09-06-2013 - USPS files Appeal. Case #13-1374.
      • 09-19-2013 - Plaintiffs file Cross-Appeal. Case #13-1391.
      • 11-20-2013 - USPS files opening brief.
      • 11-26-2013 - Brady Center files an Amicus Curiae brief.

    Internet Archive
    Justia Summary
    Internet Archive - CA10 Docket for USPS appeal (13-1374)
    Internet Archive - CA10 Docket for Bonidy cross-appeal (13-1391)
    TFL Thread
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  • 31. Wisconsin Carry, Inc, and Krysta Sutterfield v. City of Brookfield, et all: This suit addresses several 14th Amendment violations to plaintiff Krysta Sutterfield: Unlawful stop and search of Sutterfields person and vehicle without probable cause or warrant; Unlawful seizure of Sutterfields belongings without probable cause or warrant; Unlawful arrest without probable cause or warrant. The suit asks for (to be determined) monetary damages and injunctive relief. Filed on 10-07-2010 in the U.S. District Court for the Eastern District of Wisconsin, Milwaukee Division. John Monroe (GA Carry) attorney for the Plaintiffs.
    • 12-30-2010 - Krysta Sutterfield settled for a disclosed sum of $7500 on Dec. 30, 2010.

    Internet Archive
    Justia Summary
    TFL Thread
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  • 32. Schrader v. Holder: Challenges federal application of 18 U.S.C. 922(g)(I) to simple common law misdemeanor offenses. Filed on 10-13-2010 in the U.S. District Court for the District of Columbia. Alan Gura, attorney for the plaintiffs.
    • 12-23-2011 Defendants MTD was granted.
    • 12-23-2011 Plaintiffs immediately filed notice of appeal.
      • 12-28-2011 - Appeal officially filed.
      • 02-29-2012 - CLERK'S ORDER filed setting briefing schedule: APPELLANT Brief due 04/20/2012. Appendix due 04/20/2012. APPELLEE Brief due on 05/21/2012. APPELLANT Reply Brief due 06/04/2012.
      • 04-20-2012 - Opening Brief filed.
      • 06-05-2012 - The governments response filed.
      • 06-19-2012 - The reply brief is filed. Awaiting a date for orals.
      • 08-06-2012 - Oral arguments are scheduled for October 10th.
      • 01-11-2013 - Decision against Schrader. Lower Court Affirmed.
      • 02-25-2013 - Petition for en banc filed.
      • 03-13-2013 - Petition denied.
        • 06-11-2013 - Petition for Certiorari Filed. SCOTUS Docket #12-1443. Response due July 15, 2013.
        • 09-27-2013 - Brief of the respondents in opposition filed.
        • 10-15-2013 - Reply Brief filed.
        • 10-16-2013 - Conference set for 11-01-2013.
        • 11-04-2013 - Cert Denied.

    Internet Archive
    Justia Summary
    Justia Summary at D.C. Circuit
    TFL Thread
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  • 33. Birdt v. Beck: Challenges CCW rules for the County of Los Angeles. Filed in the US District Court for the Central District of CA; October 29, 2010. Jon Birdt is an attorney and is acting pro se.
    • 01-13-2012 - Defendants MSJ granted, Plaintiffs MSJ denied.
    • 01-14-2012 - Notice of Appeal, 9th CCA. Case #12-55115
    • 01-18-2012 - Notice and Motion of related Cases by Defendants:
      • Robert Thomson v. Torrance Police Department, et al.Case No. CV 11-06154 SJO(JCx).
      • Sigitas Raulinaitis, et al. v. LACSD,Case No. CV 11-08026 JHN(JCGx).
    • 01-19-2012 - Mem P&A in opposition to relate.
    • 01-20-2012 - Reply by Defendants.
      • 05-26-2012 - Opening brief filed

    Internet Archive
    Justia Summary
    TFL Thread
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  • 34. Drake v. Jerejian (was Filko was Piszczatoski was Muller): Filed on 11-22-2010, in the U.S. District Court for the District of New Jersey. David D. Jensen and Robert P. Firriolo attorneys for the plaintiffs. This is another SAF civil rights suit that seeks to divest State authorities, in a facial challenge, of their uncontrolled discretion to deny permits to carry and in the case of Superior Court Judges, uncontrolled discretion to limit or restrict licenses.
    • 01-13-2012 - Defendants MTD granted and plaintiffs MSJ, denied.
    • 01-16-2012 - Appeals Filed.
      • 04-09-2012 - Opening Brief Filed.
      • 04-18-2012 - Appellee's granted extension to file until 05-29-2012.
      • 05-21-2012 - Appellee's granted a second extension. Now due June 28th.
      • 06-28-2012 - Apeellee's response brief is filed.
      • 07-30-2012 - Reply brief is filed. Briefing is complete.
      • 10-02-2012 - SAF files a request for Oral Hearing.
      • 11-02-2012 - A hearing will be held on 02-11-2013 to determine if oral arguments are necessary.
      • 01-16-2013 - Parties ordered to brief the court on Kacalsky and Moore. Due on 01-28-2013.
      • 07-31-2013 - Panel Split 2-1 in affirming the district court. Judge Hardiman has dissented.
      • 08-14-2013 - Petition for Rehearing En Banc filed.
      • 08-27-2013 - Petition denied.
        • 11-01-2013 - Application (13A468) to extend time to file a petition for a writ of certiorari filed.
        • 01-09-2014 - Petition filed. Docket assigned #13-827.
        • 02-12-2014 - Seven Amici filed for petitioners.
        • 02-25-2014 - Supplemental Brief (Peruta decision) filed.
        • 03-14-2014 - Respondents filed brief in opposition.
        • 05-05-2014 - Cert Denied.

    Internet Archive
    Justia Summary
    CA3 Docket for 12-1150, Drake
    Justia Summary at 3rd Circuit
    Old TFL Thread
    New TFL Thread
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  • 35. Hall v. Garcia: Kevin Hall is not an attorney, but has filed this case, pro se. Filed in the Federal District Court for the Northern District of San Francisco, on 08-26-2010. Hall is suing for an exemption signed by the San Francisco Unified School District (SFUSD), to be able to carry an unloaded handgun openly. Carlos Gracia, defendant, is the Superintendent of the SFUSD.
    • Mr. Hall lost on an MJP on March 16, 2011
    • This is an illustration of why these type of cases should not be attempted by the unschooled and tactically challenged. This case was just cited in a reply brief by the opposition (MD AG Gansler in Williams)

    Internet Archive
    Justia Summary
    TFL Thread
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  • 36. Hightower v. Boston: Originally filed on 11-24-2008 in the US District Court District of Massachusetts. Original attorny was Chester Darling of Andover. This civil case seeks to enjoin enforcement of Section 129D and 131 of M.G.L. c. 140 (revocation of Class A license without recourse and confiscation of firearms). Alan Gura (with SAF funding) was added as lead attorney on 03-23-2009. On 10-15-2009, plaintiffs moved to stay the case until McDonald was decided. Motion was granted. On motion, stay was lifted on 11-20-2010. Read about this at Comm2A, a MA 2A group.
    • 09-29-2011 - Plaintiffs MSJ, denied. Defendants cross-MSJ, granted.
      • 11-01-2011 - Appeal filed.
      • 02-07-2011 - Plaintiffs/Appellants opening Brief Filed.
      • 04-11-2012 - Defendants/Appellees response brief filed.
      • 05-01-2012 - Appellants have filed their reply brief.
      • 06-06-2012 - Oral arguments were heard.
      • 08-30-2012 - Decision against plaintiff, on other grounds. 2A was not addressed.
      • 09-13-2012 - Petition for En Banc hearing filed.
      • 09-24-2012 - Petition denied.

    Internet Archive
    Justia Summary
    Justia Summary at 1st Circuit
    TFL Thread
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  • 37. West Virginia Citizens Defense League, Inc. v. City of Martinsburg: Filed on 01-24-2011 in the US District Court for the Northern District for West Virginia. Challenges the constitutionality and statutory validity of a Martinsburg ordinance prohibiting carrying a firearm in city-owned buildings. James M. Mullins, Jr. attorney for the plaintiffs.

    Internet Archive
    Justia Summary
    TFL Thread
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  • 38. West Virginia Citizens Defense League, Inc. et al v. City of Charleston et al: Filed on 01-24-2011 in the US District Court for the Southern District for West Virginia. Challenges the constitutionality and statutory validity of ordinances in each of those cities prohibiting carrying a firearm on city-owned property. Additionally, WVCDL is challenging the constitutionality of Charleston's restrictive handgun sales ordinances. James M. Mullins, Jr. attorney for the plaintiffs.

    Internet Archive
    Justia Summary
    TFL Thread
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  • 39. Enos, et al v. Holder, et al: Filed on 10-29-2010 in the US District Court of the Eastern District of California, Sacramento. Donald Kilmer, attorney for the Plaintiffs. 9 Plaintiffs, all but one, convicted of MCDV (Lautenberg). Alleges the US Government has violated their 2A rights through an unlawful interpretation of 18 U.S.C. SS 921, 922, and 925. Alleges violations of 1st, 2nd, 5th, and 10th amendments. The Madison Society is funding this lawsuit.
    • MTD by defendants was granted, without prejudice, on all but one plaintiff. All causes of action except the 2A complaint were dismissed, with prejudice, Authorization to file a second amended complaint is granted.
    • 08-29-2011 - 2nd Amended Complaint filed
    • 10-03-2011 - Answering brief was a MTD
    • 12-19-2011 - MSJ filed by plaintiffs.
    • 01-11-2012 - Defendants filed their Opposition to Plaintiffs MSJ.
    • 01-11-2012 - A mere 4 hrs later, plaintiffs File their Opposition to Defendants MTD.
    • 02-28-2012 - Defendants MTD granted and the Plaintiffs second amended complaint dismissed with prejudice.
    • 02-29-2012 - Notice of Appeal filed (docketed on 03-08-2012).
      • 07-09-2012 - Opening brief by Pltfs/Appellants filed.
      • 09-07-2012 - Appellees filed their response.
      • 09-21-2012 - Appellants filed their reply brief. Awaiting assignment for oral arguments.
      • 11-22-2013 - Appellees filed 28J noticing Chovan.
      • 11-25-2013 - Appellants filed 28J distinguishing Chovan from their case.

    Internet Archive
    Justia Summary
    Justia Summary at 9th Circuit
    TFL Thread
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  • 40. Kwong, et al v. Bloomberg et al: Challenges New York City Handgun Permit Fees. Filed April 5, 2011. New York Southern District. David D. Jensen, attorney for the plaintiffs. An amended complaint was filed on 04-06-2011, adding 3 more plaintiffs. The suit alleges that the fee ($340) impermissibly burdens the Second Amendment Right to Keep and Bear Arms. Additionally, the suit alleges that the State law, by exempting NYC (from the maximum $10 fee in the rest of the State), fails on equal protection grounds.
    • 05-26-2011 - Complaint answered by Mayor Bloomberg.
    • 06-22-2011 - Complaint was answered by NY AG.
    • 06-23-2011 - Plaintiffs filed a Motion for Summary Judgment.
    • 07-28-2011 - Defendant Bloomberg NY AG filed separate cross-MSJ.
    • 08-26-2011 - Plaintiffs filed a Memorandum in support of MSJ and opposition to defendants MSJ.
    • 03-26-2012 - Plaintiffs MSJ denied. Defendants MSJ granted.
    • 04-18-2012 - Notice of Appeal filed.
      • 05-15-2012 - Opening argument set for 06-29-2012.
      • 09-28-2012 - Response by NYC and the State is filed.
      • 10-02-2012 - NYC requests oral argument time.
      • 10-05-2012 - NY State requests oral argument time.
      • 10-12-2012 - Plaintiffs/Appellants file their reply brief.
      • 01-07-2013 - Oral Arguments set for Feb. 1, 2013.
      • 07-08-2013 - District court affirmed. A city may charge the full costs of a scheme of licensing and registration, in order to exercise that right.
      • 07-23-2013 - Petition for rehearing and en banc hearing filed.
      • 09-20-2013 - Petition denied.
        • 01-29-2014 - Application (13A567) extending the time to file until Feb. 17, 2014.
        • 02-17-2014 - Petition for a writ of certiorari filed. #13-993 (Response due March 24, 2014).
        • 03-19-2014 - Order extending time to file response to petition to and including April 23, 2014, for all respondents.
        • 06-02-2014 - Cert Denied

    Internet Archive
    Justia Summary
    CA2 Docket for 12-1578, Kwong
    Justia Summary at 2nd Circuit
    TFL Thread
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