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Old October 25, 2011, 11:03 PM   #129
Al Norris
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Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,311
Chicago has filed it's final reply on their Objection to the Preliminary Injunction.

File this one under; Here We Go Again!

Here's a recap of what has happened with Ezell since their return from the 7th Circuit:
  • July 29th, Chicago moves to dismiss as moot.
  • Aug. 29th, the Ezell crew respond to the MTD.
  • Sept. 12th, Chicago replies.
  • Sept. 28th, Judge Kendall denies the MTD and orders the parties to submit a stipulated proposal for the PI or in the alternative, separate proposals by Sept 30th. Additionally, Judge Kendall allows for an amended complaint from the Pltf's.
  • Sept. 30th, Chicago submits an objection to the Courts orders - a rehash of their MTD on mootness that has already been ruled upon. Meanwhile the Ezell crew submits their proposal via email.
  • Oct. 4th, Judge Kendall decides to give Chicago some room. She orders a response from Pltf's by the 18th and a reply from Chicago by the 25th.
  • Oct. 15th, Pltf's file their Amended Complaint, based upon the new laws passed in Chicago.
  • Oct. 18th, Plt's file their response to Chicago Objections.
  • Oct. 25th, Chicago files it's reply, once again raising the already ruled upon MTD.

What Chicago is claiming is that the suit needs to start all over from scratch, because they have removed a single code section that banned firing ranges, all the while ignoring that the rest of the amended code sections still results in a virtual ban... At least until they can re-argue everything, including a new period of discovery.

Chicago has come back to this court with unclean hands and I would hope that the Judge sees this. The 7th Circuit was very clear about what the Injunction should include. Simply removing the outright ban is not enough. If zoning and other licensing requirements virtually eliminate the possibility of a functioning firing range, the PI must be issued.

So now we wait to see if the Judge will obey the Circuit, or will she simply allow Chicago to undertake another stalling action, by restarting the lawsuit from the beginning.

If she does allow a restart, I strongly suspect that Gura will appeal and go straight back to the Circuit. Judge Kendall has to know this. Rock? Meet Hard Place!
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