Case details

Court: ca9
Docket #: 12-57049
Case Name: Dorothy McKay, et al v. Sheriff Sandra Hutchens, et al
PACER case #: 12-57049
Date filed: 2012-11-09
Nature of Suit: 3440 Other Civil Rights

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
11/09/2012 1 0 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 11/16/2012. Referred to MOATT pursuant to FRAP 3-3 - Preliminary Injunction Appeal. [8397078] (JN)
11/09/2012 2 0 Received Appellants' Representation Statement. Served on 11/09/2012. [8397095] (JN)
11/13/2012 3 0 Filed clerk order (Deputy Clerk: TP): The appeal filed November 9, 2012 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The mediation questionnaire is due three days after the date of this order. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due not later than December 7, 2012; the answering brief is due January 4, 2013 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 14 days after service of the answering brief. See 9th Cir. R. 3-3(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [8397666] (WL)
11/16/2012 4 0 Filed (ECF) Appellants Diana Kilgore, Fred Kogen, Dorothy McKay, The CRPA Foundation, David Weiss and Phillip Willms Mediation Questionnaire. Date of service: 11/16/2012. [8406189] (CDM)
11/29/2012 5 0 Filed order MEDIATION (LJ): Based on a review of the Mediation Questionnaire, this case is not selected for inclusion in the Mediation Program. The existing briefing schedule remains in effect. Counsel for any party interested in obtaining assistance from the court in pursuing settlement of the case on appeal or learning more about the Mediation Program is encouraged to contact the undersigned, by fax (415) 355-8566. The communication will be kept confidential, if requested, from the other parties in the case. Counsel are requested to send copies of this order to their clients. [8420014] (BJB)
11/29/2012 6 0 Submitted (ECF) Opening brief for review. Submitted by Appellants Diana Kilgore, Fred Kogen, Dorothy McKay, The CRPA Foundation, David Weiss and Phillip Willms. Date of service: 11/29/2012. [8420201] (CDM)
11/29/2012 7 0 Filed (ECF) Appellants Diana Kilgore, Fred Kogen, Dorothy McKay, The CRPA Foundation, David Weiss and Phillip Willms Correspondence: Notice of Entitlement to Priority Hearing. Date of service: 11/29/2012 [8420234] (CDM)
11/29/2012 8 0 Filed clerk order: The opening brief [6] submitted by appellants is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: blue. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [8420471] (LA) 2015-08-11 02:47:04 2a01c29afa6d4db0a21f1ce0cdc01764ac38c8a1
12/04/2012 10 0 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Congress of Racial Equality. Date of service: 12/04/2012. [8423850] (SPH)
12/06/2012 12 0 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Center for Constitutional Jurisprudence. Date of service: 12/06/2012. [8428523] (JCE)
12/06/2012 13 0 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by International Law Enforcement Educators & Trainers Association, et al.. Date of service: 12/06/2012. [8428637] (DK)
12/06/2012 15 0 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Gun Owners of California Senator H. L. Richardson (Ret.) Amicus Brief In Support of Appellants. Date of service: 12/06/2012. [8429410] (DK)
12/10/2012 17 0 Filed clerk order (Deputy Clerk: TSP): This is a preliminary injunction appeal. The motions of (1) Congress of Racial Equality, Inc., (2) Center for Constitutional Jurisprudence, (3) International Law Enforcement Educators & Trainers Association, et al., and (4) Gun Owners of California and Senator H.L. Richardson (Ret.) for leave to file briefs amici curiae are referred to the panel assigned to hear the merits of this appeal. Within 7 days after the date of this order, the prospective amici are ordered to file 7 copies of the brief in paper format, with a green cover, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. A sample certificate is available on the court's website, www.ca9.uscourts.gov, at the Electronic Filing - ECF link. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The previously established briefing schedule remains in effect. [8432041] (WL)
12/10/2012 18 0 Submitted (ECF) Amicus brief for review and filed Motion to extend time to file amicus brief until 12/10/2012 at 11:59 pm, Motion to become amicus curiae. Submitted by NRA Civil Rights Defense Fund. Date of service: 12/10/2012. [8432705] (MB)
12/07/2012 19 0 Filed NRA Civil Rights Defense Fund motion to file amicus curiae brief in support of appellants and in support of reversal; served on 12/06/2012. [8432873] (LA)
12/07/2012 20 0 Received original and 7 copies of Amicus Curiae - Pending NRA Civil Rights Defense Fund brief in 27 pages. Served on 12/06/2012. Major deficiencies: motion to file amicus brief pending. [8432874] --[Edited 12/14/2012 by LA (To Records for merits panel per 12/14/12 order)] (LA)
12/10/2012 21 0 Filed (ECF) Appellants Diana Kilgore, Fred Kogen, Dorothy McKay, The CRPA Foundation, David Weiss and Phillip Willms Correspondence: Notice of Potential Claim of Unconstitutionality. Date of service: 12/10/2012 [8432893] (CDM)
12/10/2012 22 0 Filed (ECF) Appellants Diana Kilgore, Fred Kogen, Dorothy McKay, The CRPA Foundation, David Weiss and Phillip Willms Correspondence: Request For Certification of Plaintiffs-Appellants' Potential Constitutional Challenge to the State Attorney General. Date of service: 12/10/2012 [8432895] (CDM)
12/12/2012 23 0 Submitted (ECF) Amicus brief for review. Submitted by Amici Curiae - Pending Independence Institute, IALEFI and ILEETA. Date of service: 12/12/2012. [8436260] (DK)
12/13/2012 24 0 Filed (ECF) Amici Curiae - Pending Independence Institute, IALEFI and ILEETA Motion to file substitute or corrected brief. Date of service: 12/13/2012. [8437635] (DK)
12/14/2012 26 0 Filed clerk order (Deputy Clerk: TSP): This is a preliminary injunction appeal. The motion of NRA Civil Rights Defense Fund (“NRACRDF”) to extend time to file its amicus curiae brief and the accompanying motion for leave to appear as amicus curiae is granted. NRACRDF’s motion for leave to file a brief amicus curiae is referred to the panel assigned to hear the merits of this appeal. Within 7 days after the date of this order, the prospective amicus is ordered to file 7 copies of the brief in paper format, with a green cover, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical the version submitted electronically. A sample certificate is available on the court's website, www.ca9.uscourts.gov, at the Electronic Filing - ECF link. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The motion of International Law Enforcement Educator & Trainers Association, et al., for leave to file a corrected brief of prospective amici curiae is granted. Within 7 days after the date of this order, prospective amici shall comply with the provisions of the December 10, 2012 order. The request for certification of appellants’ potential constitutional challenge to the State Attorney General shall be addressed separately. The previously established briefing schedule remains in effect.[8438751] (WL)
12/21/2012 32 0 Filed clerk order: (SLJ) This is a preliminary injunction appeal. The unopposed oral motion for a 14-day extension of time to file the answering brief is granted. The answering brief is now due January 18, 2013, and the optional reply brief is due within 14 days after service of the answering brief. [8450743] (KD)
01/17/2013 33 0 Submitted (ECF) Answering Brief and supplemental excerpts of record in 1 volume(s) for review. Submitted by Appellees Sandra Hutchens and Orange County Sheriff Coroner Department. Date of service: 01/17/2013. [8478422] (EP)
01/17/2013 34 0 Filed clerk order: The answering brief [33] submitted by Sandra Hutchens and Orange County Sheriff Coroner Department is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the supplemental excerpts of record [33]. Within 7 days of this order, Sandra Hutchens and Orange County Sheriff Coroner Department is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [8478559] (JB) 2015-08-11 02:08:38 bf98a997f876bf2d7aaeb8592d1d6b16c8390c0f
01/23/2013 37 0 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Law Center to Prevent Gun Violence. Date of service: 01/23/2013. [8485443] (CRC)
01/24/2013 39 0 Filed clerk order: The amicus brief [37] submitted by Law Center to Prevent Gun Violence is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [8485888] (LA)
01/24/2013 40 0 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Brady Center to Prevent Gun Violence; Ron Davis; Lucia McBath; Major Cities Chiefs Association; International Brotherhood of Police Officers. Date of service: 01/24/2013. [8486213] (NRO)
01/24/2013 44 0 Filed clerk order: The amicus brief [40] submitted by Brady Center to Prevent Gun Violence, Ron Davis and Lucia McBath, parents of Jordan Davis; Major Cities Chiefs Association; and International Brotherhood of Police Officers is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [8487261] (LA)
01/24/2013 45 0 Filed (ECF) Appellants Diana Kilgore, Fred Kogen, Dorothy McKay, The CRPA Foundation, David Weiss and Phillip Willms Motion to extend time to file Reply brief until 03/04/2013. Date of service: 01/24/2013. [8487509] (CDM)
01/29/2013 47 0 Filed clerk order (Deputy Clerk: TSP): Appellants’ unopposed motion for an extension of time to file the reply brief in this preliminary injunction appeal is granted. The optional reply brief is now due March 4, 2013. [8492969] (WL)
02/21/2013 49 0 Sent letter to Kamala D. Harris, California Attorney General, re: In accordance with Federal Rule of Appellate Procedure 44 and 28 U.S.C. § 2403(b), we are certifying to the Attorney General of the State of California a constitutional challenge to a state statute raised in a pending appeal in which the State of California is not a party. The case is: McKay v. Hutchens., no. 12-57049. The state statute at issue is California Penal Code § 26150. [8521841] (HH) 2015-08-06 09:09:09 8e7c7fbc66e1961fafd5190c2815cf7ccfb28ae6
03/04/2013 50 0 Submitted (ECF) supplemental excerpts of record. Submitted by Appellants Diana Kilgore, Fred Kogen, Dorothy McKay, The CRPA Foundation, David Weiss and Phillip Willms. Date of service: 03/04/2013. [8536521] (CDM)
03/04/2013 51 0 Submitted (ECF) Reply Brief for review. Submitted by Appellants Diana Kilgore, Fred Kogen, Dorothy McKay, The CRPA Foundation, David Weiss and Phillip Willms. Date of service: 03/04/2013. [8536523] (CDM) 2013-07-09 13:02:39 9786da91b91b04a31f4f7a34072a34f2305fd929
03/05/2013 52 0 Filed clerk order: The reply brief [51] submitted by appellants is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the supplemental excerpts of record [50] submitted by appellants. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [8538372] (LA) 2015-08-06 09:09:08 14a4148ca72c80ccd1620507ec4b0d635f4f41f6
05/23/2013 55 0 Filed (ECF) Appellees Sandra Hutchens and Orange County Sheriff Coroner Department citation of supplemental authorities. Date of service: 05/23/2013. [8640499] (MV) 2013-07-09 13:14:20 eebc02b6d139172b81aa07b5dcff9713e3257633
05/31/2013 56 0 Filed (ECF) Appellants Diana Kilgore, Fred Kogen, Dorothy McKay, The CRPA Foundation, David Weiss, Phillip Willms and Appellees Sandra Hutchens and Orange County Sheriff Coroner Department citation of supplemental authorities. Date of service: 05/31/2013. [8650936] (CDM) 2013-07-09 13:15:20 363e12345a03f71dd64c5e44f05021235ab6f41b
07/18/2013 57 0 Sent Notice requesting electronic excerpts in 14 days. [8710052] (SS) 2015-08-06 09:27:24 f3e1aff8591031508a9eec299965ca91d4430c62
2013-07-23 58 0 Submitted (ECF) excerpts of record. Submitted by Appellants Diana Kilgore, Fred Kogen, Dorothy McKay, The CRPA Foundation, David Weiss and Phillip Willms. Date of service: 11/29/2012. [8714924] (CDM) [Entered: 07/23/2013 03:00 PM]
2013-08-01 59 0 Notice of Oral Argument on OCTOBER Calendar. Please return ACKNOWLEDGMENT OF HEARING NOTICE form to: PASADENA Office. Please open attached documents to view details about your case. [8727314] (LN) [Entered: 08/01/2013 03:40 PM]
2013-08-06 60 0 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Marianne Van Riper for Appellees Sandra Hutchens and Orange County Sheriff Coroner Department. [8732529] (MV) [Entered: 08/06/2013 11:59 AM]
2013-08-13 61 0 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Mr. Sean Anthony Brady for Appellants Dorothy McKay, Diana Kilgore, Phillip Willms, Fred Kogen, David Weiss and The CRPA Foundation. [8741783] (CDM) [Entered: 08/13/2013 03:25 PM]
2013-09-13 62 0 Filed (ECF) Appellants Diana Kilgore, Fred Kogen, Dorothy McKay, The CRPA Foundation, David Weiss and Phillip Willms citation of supplemental authorities. Date of service: 09/13/2013. [8782042] (CDM) [Entered: 09/13/2013 03:03 PM]
2013-11-12 64 0 Filed order (HARRY PREGERSON, KIM MCLANE WARDLAW and RICHARD C. TALLMAN) The central issues of this case are the scope of the Second Amendment right to bear arms in public and the standard of review for Second Amendment challenges. There are currently several pending cases in the Ninth Circuit concerning these very issues. Accordingly, submission of this case is vacated and proceedings are stayed pending resolution of the following cases: United States v. Chovan, No. 11-50107 (submitted 2/15/12); Peruta v. County of San Diego, No. 10-56971 12/6/12); Richards v. Prieto, No. 11-16255 (submitted 12/6/12); and Baker v. Kealoha, No. 12-16258 (submitted 12/6/12). The panel retains jurisdiction over this petition for review. (submitted [8858927] (SM) [Entered: 11/12/2013 01:58 PM]
2014-03-13 65 0 Filed (ECF) Appellants Diana Kilgore, Fred Kogen, Dorothy McKay, The CRPA Foundation, David Weiss and Phillip Willms citation of supplemental authorities. Date of service: 03/12/2014. [9015501] (CDM) [Entered: 03/13/2014 05:33 PM]
2014-04-07 66 0 Filed (ECF) Appellants Diana Kilgore, Fred Kogen, Dorothy McKay, The CRPA Foundation, David Weiss and Phillip Willms Motion to lift stay. Date of service: 04/07/2014. [9047971] (CDM) [Entered: 04/07/2014 05:38 PM]
2014-04-23 67 0 Filed order (HARRY PREGERSON, KIM MCLANE WARDLAW and RICHARD C. TALLMAN) Appellants’ Motion for Relief from Stay and Request for Issuance of Memorandum Opinion is DENIED. Judge Tallman would grant the motion because, in light of Peruta v. Cnty. of San Diego, 742 F.3d 1144 (9th Cir. 2014), Plaintiffs-Appellants satisfy the factors articulated in Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7 (2008), and are entitled to a preliminary injunction. [9069714] (BJB) [Entered: 04/23/2014 01:24 PM]