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Old March 1, 2011, 12:19 AM   #126
Al Norris
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Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,317
Weekly Update 02-28-2011

On 02-18-2011, in Woolard v. Sheridan, the plaintiffs filed their MSJ (this didn't show up until sometime last Mon. or Tues.). This MSJ follows the original, but includes arguments from Chester. Item #23 on the Docket. Defendant will answer the MSJ on or about 03-14-2011.

On 02-24-2011, in Richards v. Prieto (was Sykes v. McGuiness), the plaintiffs filed their response in opposition to the defendants MSJ (Docket file #65). Also on 02-12-2011, you will find docket file #64, which is the amicus from the Brady's. Oral arguments are scheduled on March 10th.
The idea that the Second Amendment must yield to whatever politicians have determined to be in the public interest—that “firearm regulation is best suited for the legislative arena, not the courts,” Brady Br. at 18— is simply a nullification of the constitutional guarantee. Heller made clear that enforcing the Second Amendment, like the enforcement of other enumerated fundamental rights, is very much the business of the courts, and doing so is incompatible with a deferential posture by the judiciary.
As long as the Brady's continue to file such weak amicus briefs, we are going to see more and more attacks on there illogical stance.
Defendants have an interest in reducing gun violence, but they cannot have an interest in minimizing the carrying of guns by law abiding people if law abiding people have a fundamental right to carry a gun. There is no doubt that giving the Sheriff arbitrary discretion to ban the carrying of guns will reduce the carrying of guns, at least by law - abiding people such as the Plaintiffs. But the government simply cannot identify and target a constitutional right as an evil to be suppressed.

Accordingly, Defendants’ policy would fail intermediate scrutiny analysis, even were it the correct test (and it is not), because they have failed to identify any legitimate governmental interest in depriving law-abiding people of the right to bear arms.
The above is where the Peruta case failed. That distinction was never made. The brief also addresses Peruta, inasmuch as that court held that unloaded open carry was an adequate means of self defense.

*** OK. RECAP has been a bit awkward to use this last week, in one particular instance. If you look at the Docket for Kachalsky v. Cacase, you will note that nothing has happened since 01-25. Well, that's not exactly true. Last week, Krucam, Patrick and myself spent several dollars (each) trying to get the docket to update, after we saw a slew of activity (all on the 23rd and 24th - What? The court clerk was asleep?). It (the docket) still hasn't updated. sigh.

So here is what has happened (shamelessly copying Krucams saved info):
Quote:
02/23/2011 30 MOTION to Dismiss Notice of Motion to Dismiss. Document filed by Susan Cacace, Jeffrey A. Cohen, Robert K. Holdman, Albert Lorenzor.(Tomari, Anthony) (Entered: 02/23/2011)

02/23/2011 31 AFFIRMATION of Anthony J. Tomari in Support re: 30 MOTION to Dismiss Notice of Motion to Dismiss.. Document filed by Susan Cacace, Jeffrey A. Cohen, Robert K. Holdman, Albert Lorenzor. (Tomari, Anthony) (Entered: 02/23/2011)

02/23/2011 32 MEMORANDUM OF LAW in Support re: 30 MOTION to Dismiss Notice of Motion to Dismiss.. Document filed by Susan Cacace, Jeffrey A. Cohen, Robert K. Holdman, Albert Lorenzor. (Tomari, Anthony) (Entered: 02/23/2011)

02/23/2011 33 MOTION to Dismiss. Document filed by County of Westchester. (Attachments: # 1 Declaration, # 2 Memorandum of Law)(Rotini, Melissa-Jean) (Entered: 02/23/2011)

02/23/2011 34 DECLARATION of Anthony J. Tomari in Support re: 30 MOTION to Dismiss Notice of Motion to Dismiss.. Document filed by Susan Cacace, Jeffrey A. Cohen, Robert K. Holdman, Albert Lorenzor. (Tomari, Anthony) (Entered: 02/23/2011)

02/23/2011 35 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 30 MOTION to Dismiss Notice of Motion to Dismiss. Re: First Amended Complaint. Document filed by Susan Cacace, Jeffrey A. Cohen, Robert K. Holdman, Albert Lorenzor. (Tomari, Anthony) (Entered: 02/23/2011)

02/23/2011 36 MEMORANDUM OF LAW in Opposition re: 30 MOTION to Dismiss Notice of Motion to Dismiss., 33 MOTION to Dismiss.. Document filed by Eric Detmer, Alan Kachalsky, Anna Marcucci-Nance, Johnnie Nance, Christina Nikolov, Second Amendment Foundation, Inc.. (Gura, Alan) (Entered: 02/23/2011)

02/23/2011 37 REPLY MEMORANDUM OF LAW in Support re: 30 MOTION to Dismiss Notice of Motion to Dismiss.. Document filed by Susan Cacace, Jeffrey A. Cohen, Robert K. Holdman, Albert Lorenzor. (Tomari, Anthony) (Entered: 02/23/2011)

02/23/2011 38 REPLY MEMORANDUM OF LAW in Support re: 33 MOTION to Dismiss.. Document filed by County of Westchester. (Rotini, Melissa-Jean) (Entered: 02/23/2011)

02/23/2011 39 MOTION for Summary Judgment. Document filed by Eric Detmer, Alan Kachalsky, Anna Marcucci-Nance, Johnnie Nance, Christina Nikolov, Second Amendment Foundation, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Declaration of Alan Kachalsky, # 10 Declaration of Anna Marcucci-Nance, # 11 Declaration of Eric Detmer, # 12 Declaration of Christina Nikolov, # 13 Declaration of Johnnie Nance, # 14 Declaration of Juliann Versnel)(Gura, Alan) (Entered: 02/23/2011)

02/23/2011 40 MEMORANDUM OF LAW in Support re: 39 MOTION for Summary Judgment.. Document filed by Eric Detmer, Alan Kachalsky, Anna Marcucci-Nance, Johnnie Nance, Christina Nikolov, Second Amendment Foundation, Inc.. (Gura, Alan) (Entered: 02/23/2011)

02/23/2011 41 DECLARATION of Separate Statement in Support re: 39 MOTION for Summary Judgment.. Document filed by Eric Detmer, Alan Kachalsky, Anna Marcucci-Nance, Johnnie Nance, Christina Nikolov, Second Amendment Foundation, Inc.. (Gura, Alan) (Entered: 02/23/2011)

02/23/2011 42 CROSS MOTION for Summary Judgment -Notice of Cross-Motion -. Document filed by Susan Cacace, Jeffrey A. Cohen, Robert K. Holdman, Albert Lorenzor.(Tomari, Anthony) (Entered: 02/23/2011)

02/23/2011 43 MEMORANDUM OF LAW in Support re: 39 MOTION for Summary Judgment., 42 CROSS MOTION for Summary Judgment -Notice of Cross-Motion -. and In Opposition to Plaintiffs' Motion for Summary Judgment. Document filed by Susan Cacace, Jeffrey A. Cohen, Robert K. Holdman, Albert Lorenzor. (Tomari, Anthony) (Entered: 02/23/2011)

02/23/2011 44 RULE 56.1 STATEMENT. Document filed by Susan Cacace, Jeffrey A. Cohen, Robert K. Holdman, Albert Lorenzor. (Tomari, Anthony) (Entered: 02/23/2011)

02/23/2011 45 DECLARATION of Rotini in Opposition re: 39 MOTION for Summary Judgment.. Document filed by County of Westchester. (Rotini, Melissa-Jean) (Entered: 02/23/2011)

02/23/2011 46 MEMORANDUM OF LAW in Opposition re: 39 MOTION for Summary Judgment.. Document filed by County of Westchester. (Rotini, Melissa-Jean) (Entered: 02/23/2011)

02/23/2011 47 MEMORANDUM OF LAW in Opposition re: 42 CROSS MOTION for Summary Judgment -Notice of Cross-Motion -. and in Reply to Oppsition to Plaintiffs' Summary Judgment Motion. Document filed by Eric Detmer, Alan Kachalsky, Anna Marcucci-Nance, Johnnie Nance, Christina Nikolov, Second Amendment Foundation, Inc.. (Attachments: # 1 separate statement of disuputed facts)(Gura, Alan) (Entered: 02/23/2011)

02/23/2011 48 RESPONSE in Opposition re: 39 MOTION for Summary Judgment. Response to Plaintiffs' Rule 56.1 Statement. Document filed by County of Westchester. (Rotini, Melissa-Jean) (Entered: 02/23/2011)

02/23/2011 49 DECLARATION of Anthony J Tomari in Support re: 39 MOTION for Summary Judgment., 42 CROSS MOTION for Summary Judgment -Notice of Cross-Motion -.. Document filed by Susan Cacace, Jeffrey A. Cohen, Robert K. Holdman, Albert Lorenzor. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Tomari, Anthony) (Entered: 02/23/2011)

02/23/2011 50 FIRST MOTION to File Amicus Brief. Document filed by WESTCHESTER COUNTY FIREARMS OWNERS ASSOCIATION, INC.. (Attachments: # 1 Exhibit Amicus Brief)(Piscionere, Anthony) (Entered: 02/23/2011)

02/23/2011 51 DECLARATION of Anthony J. Tomari in Support re: 39 MOTION for Summary Judgment., 42 CROSS MOTION for Summary Judgment -Notice of Cross-Motion -.. Document filed by Susan Cacace, Jeffrey A. Cohen, Robert K. Holdman, Albert Lorenzor. (Attachments: # 1 Exhibit K, # 2 Exhibit L, # 3 Exhibit M, # 4 Exhibit N, # 5 Exhibit O, # 6 Exhibit P, # 7 Exhibit Q)(Tomari, Anthony) (Entered: 02/23/2011)

02/23/2011 52 DECLARATION of Philip Cook in Support re: 39 MOTION for Summary Judgment., 42 CROSS MOTION for Summary Judgment -Notice of Cross-Motion -.. Document filed by Susan Cacace, Jeffrey A. Cohen, Robert K. Holdman, Albert Lorenzor. (Tomari, Anthony) (Entered: 02/23/2011)

02/23/2011 53 DECLARATION of Franklin Zimring in Support re: 39 MOTION for Summary Judgment., 42 CROSS MOTION for Summary Judgment -Notice of Cross-Motion -.. Document filed by Susan Cacace, Jeffrey A. Cohen, Robert K. Holdman, Albert Lorenzor. (Tomari, Anthony) (Entered: 02/23/2011)

02/23/2011 54 DECLARATION of Hon. Susan Cacace in Support re: 39 MOTION for Summary Judgment., 42 CROSS MOTION for Summary Judgment -Notice of Cross-Motion -.. Document filed by Susan Cacace, Jeffrey A. Cohen, Robert K. Holdman, Albert Lorenzor. (Tomari, Anthony) (Entered: 02/23/2011)

02/23/2011 55 DECLARATION of Hon. Jeffrey A. Cohen in Support re: 39 MOTION for Summary Judgment., 42 CROSS MOTION for Summary Judgment -Notice of Cross-Motion -.. Document filed by Susan Cacace, Jeffrey A. Cohen, Robert K. Holdman, Albert Lorenzor. (Tomari, Anthony) (Entered: 02/23/2011)

02/23/2011 56 DECLARATION of Hon. Albert Lorenzo in Support re: 39 MOTION for Summary Judgment., 42 CROSS MOTION for Summary Judgment -Notice of Cross-Motion -.. Document filed by Susan Cacace, Jeffrey A. Cohen, Robert K. Holdman, Albert Lorenzor. (Tomari, Anthony) (Entered: 02/23/2011)

02/23/2011 57 DECLARATION of Hon. Robert K. Holdman in Support re: 39 MOTION for Summary Judgment., 42 CROSS MOTION for Summary Judgment -Notice of Cross-Motion -.. Document filed by Susan Cacace, Jeffrey A. Cohen, Robert K. Holdman, Albert Lorenzor. (Tomari, Anthony) (Entered: 02/23/2011)

02/23/2011 58 DECLARATION of Hon. David R. Roefaro in Support re: 39 MOTION for Summary Judgment., 42 CROSS MOTION for Summary Judgment -Notice of Cross-Motion -.. Document filed by Susan Cacace, Jeffrey A. Cohen, Robert K. Holdman, Albert Lorenzor. (Tomari, Anthony) (Entered: 02/23/2011)

02/23/2011 59 DECLARATION of Hon. Stephanie A. Miner in Support re: 39 MOTION for Summary Judgment., 42 CROSS MOTION for Summary Judgment -Notice of Cross-Motion -.. Document filed by Susan Cacace, Jeffrey A. Cohen, Robert K. Holdman, Albert Lorenzor. (Tomari, Anthony) (Entered: 02/23/2011)

02/23/2011 60 DECLARATION of Thomas L. Fazio in Support re: 39 MOTION for Summary Judgment., 42 CROSS MOTION for Summary Judgment -Notice of Cross-Motion -.. Document filed by Susan Cacace, Jeffrey A. Cohen, Robert K. Holdman, Albert Lorenzor. (Tomari, Anthony) (Entered: 02/23/2011)

02/23/2011 61 DECLARATION of James Sherman in Support re: 39 MOTION for Summary Judgment., 42 CROSS MOTION for Summary Judgment -Notice of Cross-Motion -.. Document filed by Susan Cacace, Jeffrey A. Cohen, Robert K. Holdman, Albert Lorenzor. (Tomari, Anthony) (Entered: 02/23/2011)

02/23/2011 62 DECLARATION of Andrew Lunetta in Support re: 39 MOTION for Summary Judgment., 42 CROSS MOTION for Summary Judgment -Notice of Cross-Motion -.. Document filed by Susan Cacace, Jeffrey A. Cohen, Robert K. Holdman, Albert Lorenzor. (Tomari, Anthony) (Entered: 02/23/2011)

02/23/2011 63 DECLARATION of Bruce Bellom in Support re: 39 MOTION for Summary Judgment., 42 CROSS MOTION for Summary Judgment -Notice of Cross-Motion -.. Document filed by Susan Cacace, Jeffrey A. Cohen, Robert K. Holdman, Albert Lorenzor. (Tomari, Anthony) (Entered: 02/23/2011)

02/23/2011 64 DECLARATION of Marge Cohen in Support re: 39 MOTION for Summary Judgment., 42 CROSS MOTION for Summary Judgment -Notice of Cross-Motion -.. Document filed by Susan Cacace, Jeffrey A. Cohen, Robert K. Holdman, Albert Lorenzor. (Tomari, Anthony) (Entered: 02/23/2011)

02/23/2011 65 DECLARATION of Anthony J. Tomari in Support re: 39 MOTION for Summary Judgment., 42 CROSS MOTION for Summary Judgment -Notice of Cross-Motion -.. Document filed by Susan Cacace, Jeffrey A. Cohen, Robert K. Holdman, Albert Lorenzor. (Attachments: # 1 Exhibit R, # 2 Exhibit S (1) - (7), # 3 Exhibit S (8) - (11))(Tomari, Anthony) (Entered: 02/23/2011)

02/23/2011 66 DECLARATION of Anthony J. Tomari in Support re: 39 MOTION for Summary Judgment., 42 CROSS MOTION for Summary Judgment -Notice of Cross-Motion -.. Document filed by Susan Cacace, Jeffrey A. Cohen, Robert K. Holdman, Albert Lorenzor. (Attachments: # 1 Exhibit S (12) - (13), # 2 Exhibit S (14))(Tomari, Anthony) (Entered: 02/23/2011)

02/23/2011 67 REPLY MEMORANDUM OF LAW in Support re: 42 CROSS MOTION for Summary Judgment -Notice of Cross-Motion -.. Document filed by Susan Cacace, Jeffrey A. Cohen, Robert K. Holdman, Albert Lorenzor. (Tomari, Anthony) (Entered: 02/23/2011)

02/24/2011 68 MOTION to File Amicus Brief. Document filed by Academics for the Second Amendment, LI Second Amendment Preservation Assocation. (Attachments: # 1 Exhibit Proposed Amicus Brief)(Eisenberg, Lloyd) (Entered: 02/24/2011)

02/24/2011 69 ENDORSED LETTER addressed to Judge Cathy Seibel from Anthony G. Piscionere dated 2/24/2011 re:...This office was under the impression that yesterday was the final date to file any such amicus brief. To the extent that our consent might be considered relevant by the Court, we consent to the State Defendants and Country of Westchester's request for fourteen (14) days, should Your Honor grant leave for such filings, to respond to our amicus brief. ENDORSEMENT: State Defendants' and County of Westchesters' request for 14 day extension is hereby granted.SO ORDERED (Signed by Judge Cathy Seibel on 2/24/2011) (rj) (Entered: 02/25/2011)

02/24/2011 70 Letter addressed to Judge Cathy Seibel from Anthony J. Tomari dated 2/23/2011 re:...The proposed amici have not explained the reason for the extreme lateness of their filings, or the lack of notice. The timing of the applications has denied the State Defendants any opportunity to respond to the factual representations or legal arguments asserted therein. Regardless, in lieu of opposing such applications, in accordance with the time frame established in Rule 6.1 of the Local Civil Rules of the United States District Courts for the Southern and Eastern Districts of New York, State Defendants request fourteen (14) days from the date this Court grants leave for such filings, to respond to new matters in those briefs. Document filed by Susan Cacace, Jeffrey A. Cohen, Robert K. Holdman, Albert Lorenzor.(rj) (Entered: 02/25/2011)

02/24/2011 71 Letter addressed to Judge Cathy Seibel from Melissa Jean Rotini dated 2/24/2011 re:...The County hereby joins in the State Defendants' request for time to respond to the amicus should Your Honor grant leave to file the Academics for the Second Amendment, LI Second Amendment Preservation Foundation Association, and the Westchester County Firearms Association. Document filed by County of Westchester.(rj) (Entered: 02/25/2011)
So that's 40+ new filings ... that weren't there since the 01-26 deadline for the defendants MSJ. sigh. It's New York, is all I can say! Anyway, I've uploaded these to scribd for easier access. You can read it right there or download the PDF for later reading.

32-Def MTD
40-Pltf Memorandum of Law in support of MSJ
43-Def Memorandum of Law in Supp of Cross MSJ, Opp to Pltf MSJ
47-Pltf Opp to Def MSJ and Reply to Def Opp to Pltf MSJ
48-Def Resp to Pltf 39 MSJ
68.1-Amicus Academics for Second Amendment
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