July 9, 2011, 12:03 AM | #201 |
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July 12, 2011, 10:49 AM | #202 |
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Nordyke: Appellants/Defendants Alameda County filed their response yesterday, in the 9th Circuit.
We had a major power outage last evening, so I couldn't post this, let alone read the reply. If you have a chance to read the attached file and want to comment, please do so in this thread. |
July 14, 2011, 04:38 PM | #203 |
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There's been quite a bit of action in Lane v. Holder, since the first of the month. I've been preoccupied and haven't yet read all the briefs.
The docket has everything you need, if anyone wants to take a stab at reporting this. |
July 14, 2011, 06:15 PM | #204 | |
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I won't try to make any kind of summary, being somewhat out of my depth despite following all this for months, but Alan Gura continues to impress. Here is a snippet from his response to the Defense Opposition to the Plaintiff's Motion for Preliminary Injunction:
Quote:
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July 14, 2011, 11:46 PM | #205 |
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Dan, my wife giggled for 5 solid minutes, when I read her that!
We will know tomorrow on the status of D.C.'s motion for severance and venue. I don't think the court will grant it, but you never know... More later, when I've had time to digest everything. |
July 17, 2011, 12:47 PM | #207 |
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In doing some clean-up of my files at TFL**, I noticed that the docket for the GeorgiaCarry.Org, Inc., et al v. State of Georgia (GA Church Carry Case) was not working. So I logged into PACER to refresh the danged docket (it now works) and then logged into the 11th Circuit to see what had been happening there.
What I found interesting was the latest filing by John Monroe, a supplemental authority (filed 07/12/2011). Not only did John list the Ezell case, but also the Puerto Rico case! This is something that none of the other supplemental authority filings have done. In Ex Parte Roque Cesar Nida Lanausse, the Puerto Rico Court of Appeals (their Supreme Court) ruled that the right to carry outside the home was a guaranteed part of the right. How much weight a US Circuit Court will give to a territorial high court, remains to be seen. ** Yes, the first two posts in this thread will have a major change in format and content. I'll notify everyone when I put it in place. |
July 17, 2011, 04:46 PM | #208 |
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Lane et al v. Holder et al continues to serve up real entertainment.
The District filed on 7/14 (and uploaded on the 15th) a document with the catchy title "Defendant The District of Columbia's Notice of Filing of Declarations Reflecting Current Status of District Government Efforts to Facilitate Handgun Transfers to Which Other Parties' Filings Have Referred". (Read it here.) In this "precious" missive they relate, almost sounding like adolescents breathlessly talking about who-said-what-to-who, that the now infamous Charles Sykes, whose on-then-off-and-(apparently)-now-on-again FFL business (DC's only, ONLY FFL) has, with the magnanimous and completely selfless and un-agenda'd help of the DC Government, apparently, suddenly, miraculously, found the previously highly elusive new locale for Mr Sykes' business - IN THE METROPOLITAN POLICE DEPARTMENT HEADQUARTERS itself!!! *gorp* Excuse me, I threw up a little... This type of transparent, unprincipled maneuvering is sooo disgusting. Obviously this is an attempt to moot the case... the question is, will it succeed? Any of the more legally sophisticated (meaning no insult...lol) members want to weigh in on this? |
July 18, 2011, 09:54 PM | #209 |
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I've finished reformatting the case list. It now comprises the first three posts of this thread.
There are a couple of things I could use some help on, though.... 1) If you see any errors in the format or spelling, please PM me with the corrections, and 2) If you find the TFL thread discussing a particular case, PM me with the case and the link... otherwise, I'll get to them when I get to them. |
July 19, 2011, 08:48 AM | #210 |
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There may finally be movement in the long awaited Palmer v. D.C. case.
Yesterday (07-18-2011), this case (along with some others) was reassigned to Judge Frederick J. Scullin Jr., Northern District for New York, by Chief Justice John Roberts. This is not good for Judge Kennedy, who has held this case for well over a year after oral arguments. The same day, Alan Gura filed a notice of supplemental authority, Ezell. Docket. |
July 19, 2011, 10:11 PM | #211 |
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I've just gone through the older threads and I've linked every thread to its appropriate case filing that I could find.
So.... If you have comments or questions about any particular case, please look in the first 3 posts of this thread and see if the thread is already there. If so, open that thread and make your comments or questions in that thread, please. If the thread is not the right one (yes, I do make mistakes), PM me, please. |
July 20, 2011, 01:54 PM | #212 |
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In Lane v. Holder, on 07-15-2011, in open court, the Judge dismissed the case. See the thread for details.
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July 23, 2011, 11:20 PM | #213 |
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OK, this one escaped me. On 03-18-2011, Tom Scocca, the Madison Society and Calguns Foundation filed suit against Sheriff Laurie Smith and County of Santa Clara, CA., in the US District Court for the Northern District of CA. Donald Kilmer and Jason Davis are the attorneys for the plaintiffs. This is a case based solely upon Equal Protection of the Law (14th Amendment).
The complaint is a very brief 9 pages, explaining how the conduct of Sheriff Smith has denied Mr. Scocca a permit on the same basis that many other permits by this Sheriff were granted. Now here's the twist! Instead of answering the compliant, the Sheriff and County filed a Motion to Dismiss on 05-27-2011. Why is this a twist? The defendants spend the majority of their 22 page brief addressing various 2A defenses! Sorry Charlie! This is a 14th Amendment EP case. It is not based upon the 2A at all! On 07-22-2011, the plaintiffs respond by blasting the defendants for arguing to dismiss on grounds that were never before the Court. Then they make an argument to the Judge, basically telling him that even if he is against 2A rights, the correct thing to do is to judge the case on the Law and not his personal politics. Doing a little research on this particular Judge reveals that he was appointed to Santa Clara Superior Court by "Moonbeam" Brown and later appointed to the US District Court by Clinton. He is a solid liberal judicial appointment. This must be why the Defendants declined to have the Magistrate Judge Paul Singh supervise this case until trial and went directly to the District Judge Jeremy Fogel to manage the case. It was a tactical move on their part (anyone care to comment if this is at all unusual?). This one will be interesting to watch. |
July 25, 2011, 07:52 PM | #214 |
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In Peterson v. Garcia (was LaCabe - Colorado non-resident carry case), the Brady bunch filed an amicus brief for the apellee's (defendants) on 7-21-2011. The appellee's answering brief was due today (07-25-2011) - nothing yet on PACER.
In Bateman v. Perdue (NC State of Emergency case), Alan Gura filed a [url=http://www.archive.org/download/gov.uscourts.nced.107258/gov.uscourts.nced.107258.85.0.pdf]Notice of Supplemental Authority, last week, 07-18-2011 -- care to guess what authority? In Shepard v. Madigan (IL carry case - NRA), the Brady's filed a motion for their attorney to appear. This is a preamble to filing an amicus brief. In Moore v. Madigan (Il carry case - SAF), last Friday, Magistrate Judge Charles Evans recused himself and transferred the case to Magistrate Judge Byron Cudmore. Today, the State's answer to the amended complaint and Response/Reply to 13 Motion for Preliminary Injunction was due. Filed was an uncontested 2 day extension for time to file. We'll look again Wednesday. |
July 25, 2011, 11:33 PM | #215 |
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The SAF has filed an amicus brief in the Masciandaro case (parks carry). See the thread for the attached file.
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July 26, 2011, 10:16 PM | #216 |
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Today, Stephan Halbrook filed the reply in the Williams cert case. See the associated thread for the attached brief.
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July 26, 2011, 10:47 PM | #217 |
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Thanks again for all your hard work, sir.
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July 28, 2011, 04:36 PM | #219 | |||
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I've just updated several docket entries (they were getting old and I just had to see if there was movement on them), when I came across this one from the Second Amendment Arms v. Chicago case.
First there was this response by the Court on 07-12, after the plaintiff filed a Motion for Additional Authority and For Finding of Estoppal (The Ezell opinion): Quote:
Quote:
So unless you were at the hearing, the above is rather cryptic! Krucam, over at MDShooters had linked the following from Todd Vandermyde of Illinois Carry, the NRA Rep in IL: Quote:
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September 30, 2011, 08:52 AM | #220 |
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Originally posted August 4, 2011 by Al Norris:
You might take notice that there are now 55 cases being tracked. You will have to go back to the first page of this thread to see what has been added. As far as updates go, I think it more constructive to make such announcements in the applicable thread (you may have been noticing this), if there is one, here at TFL. Rest assured, that if you do have questions or comments and place them in this thread, I (or someone else) will be glad to answer. For the most part, direct your responses to the TFL thread that is now linked to the specific case (again, back on page 1 of this thread). |
September 30, 2011, 08:54 AM | #221 |
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Originally posted August 11, 2011 by Al Norris:
As Some have noticed, someone at SCOTUS has requested a response from the Feds in Masciandaro. More about that in this thread. In Peterson v. Kilroy, et al (was Garcia, was LaCabe), on Sunday Aug. 7th, a reply was due (Aug. 8th), by Gray Peterson and was filed. As you may (or not) recall, the State filed its reply and argued about its Concealed Carry laws. The City/County of Denver refused to respond, leaving any defense to the State. In this reply, Gray points out that the matter before the court is not a matter of the type of carry. It is a matter that Denver requires a State CWP in order to carry at all (openly or concealed). In as much as the City/County of Denver refuses to recognize all out of state CWP's, then the City/County is restricting such persons from exercising their fundamental right to self protection. The attached reply brief is a good read and is entirely amusing. It is also written so that anyone can understand the issues of the case. Enjoy. |
September 30, 2011, 09:03 AM | #223 |
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Originally posted August 19, 2011 by Al Norris:
Thanks to Krucam, over at MDShooters. Here's the list of cases that are now waiting for the Judges decisions on the various MSJ's & MTD's. Krucam included all the links he could find, so that anyone checking those links can find the opinion for that case. If you do find an opinion and it hasn't been reported here, please do so: Maryland District Court http://www.mdd.uscourts.gov/publicat...s/Opinions.asp Woollard v Sheridan DC District Opinions https://ecf.dcd.uscourts.gov/cgi-bin/Opinions.pl?2011 Palmer v DC (Carry in DC) DC Circuit Court of Appeals Opinions http://www.cadc.uscourts.gov/internet/opinions.nsf Heller v District of Columbia (aka Heller II) Massachusetts District Court http://pacer.mad.uscourts.gov/recentopinions.html Hightower v Boston Fletcher v Haas New York Southern District http://www.nysd.uscourts.gov/rulings Kachalsky v NY New Jersey District (NJD doesn't appear to have a link to opinions. Need PACER) Muller v Maenz Illinois Central District http://www.ilcd.uscourts.gov/ordersopinions.htm (Select Judge Myerscough, Sue E.) Moore v Madigan Illinois Southern District http://www.ilsd.uscourts.gov/Opinions.aspx (enter: sheppard) Sheppard v Madigan North Carolina Eastern District (NCED doesn't appear to have a link to opinions. Need PACER) Bateman v Perdue |
September 30, 2011, 09:18 AM | #224 |
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Originally posted August 23, 2011 by Al Norris:
Another filing in Peruta. This time, by the LCAV. See this thread for commentary and links. |
September 30, 2011, 09:20 AM | #225 |
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Originally posted August 14, 2011 by CowTowner:
10-Ring Precision in San Antonio, TX. has joined others in suing Kenneth Melson regarding the multiple long gun reporting requirement. The TSRA has a copy in pdf of the paperwork: https://www.tsra.com/images/stories/...aint-filed.pdf According to the email I recieved from TSRA, a change of venue has already been requested by BATFE. TSRA = Texas State Rifle Association |
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