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Old February 18, 2011, 10:31 PM   #125
Al Norris
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Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,277
Weekly Update 02-18-2011

On 02-10-2011, in Richards v. Prieto (was Sykes v. McGuiness), the County filed its MSJ. Doc #59 on the docket. Also, Doc. #64 is an application for amicus curiae by (Drum Roll, please....) The Brady Center (they really should change their tactics)!
Grey Peterson feels left out! The Brady's haven't filed in his case, Peterson v. LaCabe.
On 02-11-2011, in Jennings v. BATFE (was D'Cruz v. BATFE (18-20 ye old handgun purchases)), James D'Cruz is being replaced as the lead plaintiff. D'Cruz has moved, with his parents to Florida (I expect the change to be made to D'Cruz v. McCraw, shortly). Replacing him will be Rebekah Jennings and Brennan Hannon. The Court has allowed a second amended complaint to be filed. Full story at Only Guns and Money. Amended complaint is #39 on the docket.

On 02-16-2011, in Bonidy v. USPS, the Government filed their response in support of their MTD. Item #11 on the docket. RECAP failed to process this. See attached file.

On 02-17-2011, in Benson v. Chicago, the defendants have filed their memorandum for a partial MTD on count V fo the plaintiffs second ammended complaint.
Count V of the complaint asks for injunctive relief against the City/County ordinance that prohibits a citizen to carry an operable firearm in public. The City argues that the plaintiffs have no standing to sue for relief, as if the city ordinance would fail, then Illinois State law would prevail. Illinois State law prohibits the same exactly thing, therefore any such relief would be a moot point.

This is what happens when you throw a plate of spaghetti against the wall, to see what sticks. Mr. Halbrook? One of your noodles just fell of the wall.
On 02-18-2011, in Muller v. New Jersey, plaintiffs filed their reply brief in support of their own MSJ and opposition to the defendants MSJ. It's #29 on the docket. It's also a 60 pg PDF, full of good stuff.

On 02-18-2011, in Peterson v. LaCabe (CO non-resident), intervenor AG Suthers files his response to the cross-MSJ. #44 on the docket. sigh. See attached.

Update on Ezell v. Chicago (Gun Range Prohibition - 7th Circuit). Appellee's brief is due today (02-18-2011), but has yet to appear. What has happened is that Chicago has hired another attorney, James Feldman (lives in D.C. and teaches at Georgetown - Heavy Hitter). Originally due on 01-07, extension granted to 02-07, extension granted to 02-18. New attorney cannot do orals in April. And appellants can't do mid-March thru mid April. Here's a recap (not RECAP - the plugin doesn't yet work with the circuit courts) of what has happened at the circuit level, to date:

Quote:
12/08/2010 #10 - Filed 10 copies Appendix by Appellants Action Target, Incorporated, Joseph I. Brown, Rhonda Ezell, William Hespen and Second Amendment Foundation, Incorporated. [10] [6271637] [10-3525] (SP)
12/15/2010 #11 - 15 copies Amicus brief filed by Amicus Curiae Brett Benson by consent. Disk Filed. [11] [6272894] [10-3525] (SP)
12/15/2010 THIS CAUSE CONSISTS OF MORE THAN 5 AMICUS PARTIES. The following are those parties to this cause : KENNETH PACHOLSKI, KATHRYN TYLER, MICHAEL HALL, RICK PERE, AND ILLINOIS ASSOCIATION OF FIREARMS RETAILERS [6272903-2] [6272903] [10-3525] (SP)
12/30/2010 #12 - Motion filed by Appellee City of Chicago to extend time to file appellee's brief. [6276251] [10-3525] (CD)
01/03/2011 #13 - Order issued GRANTING motion to extend time to file appellee's brief. [12] Appellee's brief due on or before 02/07/2011 for City of Chicago. Appellants' reply brief, if any, is due on or before 02/22/2011 for Appellant Action Target, Incorporated, Appellant Joseph I. Brown, Appellant Rhonda Ezell, Appellant William Hespen and Appellant Second Amendment Foundation, Incorporated. CMD [13] [6276275] [10-3525] (SM)
01/06/2011 #14 - Supplemental paper record on appeal filed. Contents of record : 2 vol. of exhibits.[14] [6277376] [10-3525] (DW)
02/01/2011 #15 - Motion filed by Appellee City of Chicago to extend time to file appellee's brief. [6283783] [10-3525] (KL)
02/03/2011 #16 - Order issued GRANTING motion to extend time to file appellee's brief. [15] Appellee's brief due on or before 02/18/2011 for City of Chicago. Appellant's reply brief, if any, is due on or before 03/11/2011 for Appellant Action Target, Incorporated, Appellant Joseph I. Brown, Appellant Rhonda Ezell, Appellant William Hespen and Appellant Second Amendment Foundation, Incorporated. CMD [16] [6283998] [10-3525] (AD)
02/16/2011 #17 - NOTICE: Attorney Benna Solomon for Appellee City of Chicago will not be available for oral argument April 7-8, 12, 14-15 & 26, 2011. [17] [6287616] [10-3525] (AB)
02/18/2011 #18 - NOTICE: Attorney Mr. David G. Sigale for Appellants Second Amendment Foundation, Incorporated, Rhonda Ezell, Joseph I. Brown, William Hespen and Action Target, Incorporated will not be available for oral argument March 30-31; April 5-14, 2011. [18] [6288162] [10-3525] (AB)
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