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Crom
10-25-2010, 2:57 PM
I wanted to share with everyone that there were some more filings in Peruta v. County of San Diego (http://wiki.calgunsfoundation.org/index.php/Peruta_v._County_of_San_Diego).

I have been extremely busy and have not had time to read them all, but on the subject of "Good Cause" do take time to read page 23, of document #3 below.

Also, It appears that Zimring's declaration (http://www.archive.org/download/gov.uscourts.casd.308678/gov.uscourts.casd.308678.38.5.pdf) which was filed by the County may not be used for their MSJ. According to Plaintiffs' objection: "The Court May Only Consider Admissible Evidence in Ruling on a Motion for Summary Judgment See the objection document #9 below for more information.


October 18, 2010



MOTION for Leave to File Amicus Brief in Support of Pla's Motion for Summary Judgment. (http://www.archive.org/download/gov.uscourts.casd.308678/gov.uscourts.casd.308678.45.0.pdf)
Proposed Amicus Brief (http://www.archive.org/download/gov.uscourts.casd.308678/gov.uscourts.casd.308678.45.1.pdf)
Plaintiffs' Consolidated Opposition to Defendant's Motion for Summary Judgment AND Reply to Defendant's Opposition to Plaintiffs' Motion for Partial Summary Judgment (http://www.archive.org/download/gov.uscourts.casd.308678/gov.uscourts.casd.308678.46.0.pdf)
Declaration of Sean Brady (http://www.archive.org/download/gov.uscourts.casd.308678/gov.uscourts.casd.308678.46.1.pdf)
Declaration of Edward Peruta (http://www.archive.org/download/gov.uscourts.casd.308678/gov.uscourts.casd.308678.46.2.pdf)
Declaration of Carlisle Moody (http://www.archive.org/download/gov.uscourts.casd.308678/gov.uscourts.casd.308678.46.3.pdf)
Declaration of Gary Mauser (http://www.archive.org/download/gov.uscourts.casd.308678/gov.uscourts.casd.308678.46.4.pdf)
Declaration of Brian Patrick (http://www.archive.org/download/gov.uscourts.casd.308678/gov.uscourts.casd.308678.46.5.pdf)
OBJECTION to Franklin E. Zimring's brief (http://www.archive.org/download/gov.uscourts.casd.308678/gov.uscourts.casd.308678.47.0.pdf)
Motion to Seal Documents (http://www.archive.org/download/gov.uscourts.casd.308678/gov.uscourts.casd.308678.48.0.pdf)

I am really looking forward to the oral arguments on November 15th and I must say that I am extremely pleased with all the filings in this case. I love reading the arguments made by Michel & Associates, P.C. (http://michellawyers.com/)! :43: They are crushing the County's arguments with every filing.

:rockon:

I can hardly wait for our rights to be restored in San Diego! :chris:

Glock22Fan
10-25-2010, 3:11 PM
I think I see a mistake in document 9 page 8 line 3. Should it not read, as it does elsewhere, "Mr. Zimmring is not a judge?"

Untamed1972
10-25-2010, 3:13 PM
I can hardly wait for our rights to be restored in San Diego! :chris:

Me too also as well! :thumbsup:

Anything planned for post oral arguments on the 15th?

Crom
10-25-2010, 3:22 PM
I think I see a mistake in document 9 page 8 line 3. Should it not read, as it does elsewhere, "Mr. Zimmring is not a judge?"

I agree! I'll dispatch a note to them.

Me too also as well! :thumbsup:

Anything planned for post oral arguments on the 15th?

Not yet, but I think having lunch with some fellow Calgunners would be great. If you have some ideas on a location, this thread: Attending Oral Arguments in Peruta (http://www.calguns.net/calgunforum/showthread.php?t=349874) would be a good thread to place them in. I did see your comment there, just haven't had time to respond yet. :o

Paul S
10-25-2010, 3:47 PM
Excellent rationale..keep on truckin' guys.

NOTE
Doc #47 Page 3 of 10
Line #5 typo/spelling error perhaps...maybe no big deal..just FYI
Plaintiffs issues lie not with the form of the Zimring Declaration, but with its contents, which are

Havoc70
10-25-2010, 3:48 PM
Wow, that's a solid argument (document 3 pp. 23-25). Go get 'em!

HowardW56
10-25-2010, 3:51 PM
I wanted to share with everyone that there were some more filings in the Peruta v. County of San Diego (http://wiki.calgunsfoundation.org/index.php/Peruta_v._County_of_San_Diego).

I have been extremely busy and have not had time to read them all, but on the subject of "Good Cause" do take time to read page 23, of document #3 below.

Also, It appears that Zimmring's declaration (http://www.archive.org/download/gov.uscourts.casd.308678/gov.uscourts.casd.308678.38.5.pdf) which was filed by the County may not be used for their MSJ. According to Plaintiffs' objection: "The Court May Only Consider Admissible Evidence in Ruling on a Motion for Summary Judgment See the objection document #9 below for more information.


October 18, 2010



MOTION for Leave to File Amicus Brief in Support of Pla's Motion for Summary Judgment. (http://www.archive.org/download/gov.uscourts.casd.308678/gov.uscourts.casd.308678.45.0.pdf)
Proposed Amicus Brief (http://www.archive.org/download/gov.uscourts.casd.308678/gov.uscourts.casd.308678.45.1.pdf)
Plaintiffs' Consolidated Opposition to Defendant's Motion for Summary Judgment AND Reply to Defendant's Opposition to Plaintiffs' Motion for Partial Summary Judgment (http://www.archive.org/download/gov.uscourts.casd.308678/gov.uscourts.casd.308678.46.0.pdf)
Declaration of Sean Brady (http://www.archive.org/download/gov.uscourts.casd.308678/gov.uscourts.casd.308678.46.1.pdf)
Declaration of Edward Peruta (http://www.archive.org/download/gov.uscourts.casd.308678/gov.uscourts.casd.308678.46.2.pdf)
Declaration of Carlisle Moody (http://www.archive.org/download/gov.uscourts.casd.308678/gov.uscourts.casd.308678.46.3.pdf)
Declaration of Gary Mauser (http://www.archive.org/download/gov.uscourts.casd.308678/gov.uscourts.casd.308678.46.4.pdf)
Declaration of Brian Patrick (http://www.archive.org/download/gov.uscourts.casd.308678/gov.uscourts.casd.308678.46.5.pdf)
OBJECTION to Franklin E. Zimring's brief (http://www.archive.org/download/gov.uscourts.casd.308678/gov.uscourts.casd.308678.47.0.pdf)
Motion to Seal Documents (http://www.archive.org/download/gov.uscourts.casd.308678/gov.uscourts.casd.308678.48.0.pdf)

I am really looking forward to the oral arguments on November 15th and I must say that I am extremely pleased with all the filings in this case. I love reading the arguments made by Michel & Associates, P.C. (http://michellawyers.com/)! :43: They are crushing the County's arguments with every filing.

:rockon:

I can hardly wait for our rights to be restored in San Diego! :chris:

I liked the declarations of Carlisle Moody and Gary Mauser, they make it obvious that Zimring brief is advocating his opinions and has no basis in fact.

Rossi357
10-25-2010, 3:52 PM
Sounds like Zimring is ruling on the case for the Judge.

HowardW56
10-25-2010, 4:48 PM
OBJECTION NO. 7: Zimring Declaration, page 8, lines 23-25


Mr. Zimring is a judge, and therefore he is not....

Zimring is not a judge...

PsychGuy274
10-25-2010, 6:17 PM
I particularly enjoyed document #9

N6ATF
10-25-2010, 6:27 PM
OBJECTION NO. 7: Zimring Declaration, page 8, lines 23-25


Mr. Zimring is a judge, and therefore he is not....

Zimring is not a judge...


Gore: But he thinks he is, admit his "evidence"!

Untamed1972
10-26-2010, 11:22 AM
Could San diego still settle this case like Sac did? Or are they past that point now?

Crom
10-26-2010, 1:16 PM
Gore: But he thinks he is, admit his "evidence"!

:laugh: :D

Could San diego still settle this case like Sac did? Or are they past that point now?

No, it's going full steam ahead. There was a point in time where Gore had the opportunity to settle, but instead he decided to fight.

It is actually a good thing too because it was not for staunch anti's like D.C. or the City of Chicago, we wouldn't have the legal tools (Heller, McDonald) to defend our civil right to keep and bear arms.

Also, I understand too that with CRPAF signed on as an institutional plaintiff there is no way to settle with them. CRPAF is representing all of it's members in the Greater San Deigo Area who are too great to list. And of which I am a proud member. :D

Here is a screen capture from the Amended complaint:

http://lh4.ggpht.com/_HyKXZv5NViY/TMc2X6JN7ZI/AAAAAAAA1Pc/dqO1_jV7asc/s640/AVPageView%2010262010%2011244%20PM.jpg (http://www.archive.org/download/gov.uscourts.casd.308678/gov.uscourts.casd.308678.25.0.pdf)

http://lh4.ggpht.com/_HyKXZv5NViY/TMc2hFLoIWI/AAAAAAAA1Pk/ZvDvRG04DdQ/AVPageView%2010262010%2011333%20PM.jpg (http://www.archive.org/download/gov.uscourts.casd.308678/gov.uscourts.casd.308678.25.0.pdf)

Untamed1972
10-26-2010, 1:21 PM
:laugh: :D



No, it's going full steam ahead. There was a point in time where Gore had the opportunity to settle, but instead he decided to fight.

It is actually a good thing too because it was not for staunch anti's like D.C. or the City of Chicago, we wouldn't have the legal tools (Heller, McDonald) to defend our civil right to keep and bear arms.

Also, I understand too that with CRPAF signed on as an institutional plaintiff there is no way to settle with them. CRPAF is representing all of it's members in the Greater San Deigo Area who are too great to list. And of which I am a proud member. :D

CGF was an institutional plaintiff for the Sac case were they not?

W/o the sheriff actually settling, couldn't he just moot the case by changing his policy? Didn't he do that in part with Peruta over the residency issue? By changing his policy he would in effect be addressing all county residents represented by CRPAF would he not?

I'm just curious cuz I wondered if there was any benefit to raising some cane with the County BoS over them wasting money on a losing game. Put soe heat on them to put some heat on the sheriff to just change the policy and make this go away and save everyone alot of money and hassle.

Crom
10-26-2010, 4:36 PM
CGF was an institutional plaintiff for the Sac case were they not?

W/o the sheriff actually settling, couldn't he just moot the case by changing his policy? Didn't he do that in part with Peruta over the residency issue? By changing his policy he would in effect be addressing all county residents represented by CRPAF would he not?

I'm just curious cuz I wondered if there was any benefit to raising some cane with the County BoS over them wasting money on a losing game. Put soe heat on them to put some heat on the sheriff to just change the policy and make this go away and save everyone alot of money and hassle.

I think you are correct. I can't comment on the Sykes case as I don't understand exactly what transpired between Sac county and Plaintiffs' counsel. But yes CGF and SAF were and still are plaintiffs in that case.

I suppose in Peruta the Sheriff could fold and summarily change his CCW policy, but still, there remains the issue of plaintiffs' legal fees (cost of suit) which are listed in the claim for relief.

I speculate that if S.D. County agreed to pay the cost of the suit and Sheriff Gore summarily changed his CCW issuance policy then yes, I suppose the case would be dismissed. But with the latest filings from the County it seems clear that it is not going to happen.

Please remember too that at the end of the day, it is Sheriff Gore that firmly believes that "not just anybody should be walking around with a gun."

J.D.Allen
10-26-2010, 4:49 PM
Just read a little bit...Gore is so dead on this!

hoffmang
10-26-2010, 11:00 PM
CGF was an institutional plaintiff for the Sac case were they not?

W/o the sheriff actually settling, couldn't he just moot the case by changing his policy?

Correct. In Sacramento CGF was unable to get a supporter denied. Yolo denied one of our people quite handily though :43:

Federal courts don't allow you to attack people who don't fight back unless they've clearly injured you. Yolo caused Mr. Stewart an injury...

-Gene

dantodd
10-26-2010, 11:59 PM
Correct. In Sacramento CGF was unable to get a supporter denied. Yolo denied one of our people quite handily though :43:

Federal courts don't allow you to attack people who don't fight back unless they've clearly injured you. Yolo caused Mr. Stewart an injury...

-Gene

And for the other 56 counties in CA. Yolo = Stick : Sacto = Carrot.

I've learned that you need both carrot and stick to properly motivate. If you only use a carrot those you are trying to motivate will get lazy and work only when hungry, if you only use a stick they will get obstinate and stop working all together because they know they are getting hit no matter what they do.

Bill_in_SD
10-28-2010, 10:17 AM
Where can we find the schedule for the oral arguments? November 15th right?

Crom
10-28-2010, 11:02 AM
Where can we find the schedule for the oral arguments? November 15th right?

Correct. See here: Attending Oral Arguments in Peruta, November 15th, 10:30am, SAN DIEGO (http://www.calguns.net/calgunforum/showthread.php?t=349874)

All pertinent case info may be found here: Peruta v. County of San Diego (http://wiki.calgunsfoundation.org/index.php/Peruta_v._County_of_San_Diego)

press1280
10-28-2010, 2:48 PM
Gore: But he thinks he is, admit his "evidence"!

Yes, and Zimring's "research" was pretty much used by states like NJ to put in the most draconian firearm regulations (until DC and Chicago one-upped them). I would like to see his opinions challenged and discredited once and for all. For Peruta, getting his opinions kicked out is good enough.

N6ATF
10-28-2010, 5:48 PM
Zimring should be in prison for treason, fraud and complicity in the deaths of all the victims that were disarmed because of his fraud. He'd still be cited by victim disarmers though, they have zero shame.

nicki
10-28-2010, 9:16 PM
Reading through his brief all one would think that we would have no street crime with guns if we just banned the practice.

This guy has been around a long time, this is the writings of someone who is delusional.
Guess we can't pick on him, he is obviously mentally disabled.

Nicki