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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 05-04-2012, 11:23 PM
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Default Carry case silence

It's been awfully quiet in here on the progress of any carry cases in CA and around the country. Not really any news of any sort since the Nordyke nondecision. Are our teams regrouping figuring out what to do next? Do we expect anything of benefit to actually come out of Nordyke, other than releasing the chains on the other cases?

What are the next steps for Scocca, Richards, Peruta, etc?
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Old 05-04-2012, 11:27 PM
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The North Carolina case is a start.

Patience.
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Old 05-04-2012, 11:27 PM
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The North Carolina case is a start.

Patience.
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Old 05-04-2012, 11:30 PM
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It takes a long time for a case to work it's way through the court system.
Takes from 2-10 years depending on how far it goes.
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Old 05-05-2012, 1:42 AM
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Talking I admit, it is getting ridiculous

Quote:
Originally Posted by ColdDeadHands1 View Post
Do we expect anything of benefit to actually come out of Nordyke, other than releasing the chains on the other cases?
"Other than?" What more do you want it to do? I heard that even the heat death of the Universe has been stayed pending Nordyke.
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Old 05-05-2012, 2:07 AM
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Quote:
Originally Posted by ColdDeadHands1 View Post
It's been awfully quiet in here on the progress of any carry cases in CA and around the country. Not really any news of any sort since the Nordyke nondecision. Are our teams regrouping figuring out what to do next? Do we expect anything of benefit to actually come out of Nordyke, other than releasing the chains on the other cases?

What are the next steps for Scocca, Richards, Peruta, etc?
Sure, I'll be glad to:

Richards & Peruta: On hold for Nordyke

Peterson (10th Circuit): Awaiting decision, this panel takes about 1-3.5 months to decision.

Kachalsky (2nd Circuit): All briefings have been completed, oral arguments are being calendared for the week of 8/20

Pizcatowski (3rd Circuit): Appellant briefing has started. Awaiting the state's response

Hightower: (1st Circuit): All briefing has been completed. Oral argument is calendared for early June.

Moore and Shepard (7th Circuit): Preliminary Injunction Appeal, currently on accelerated schedule, briefings will be done in late June.

Woollard: (District of Maryland & 4th Circuit): Appeal filed by the state on merits. District Court is currently considering stay during appeal, has asked for briefings on a full stay, a temporary stay is in place, court will rule by the end of this month on the stay, if not early next month. If there's no stay in district, the state may ask the 4th Circuit to stay it for abuse of discretion by the district judge (extremely unlikely).
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Old 05-05-2012, 5:41 AM
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As regards Moore and Shepard, the motions panel at the 7th has put its foot down:
Quote:
04/26/2012 17 Order re: Motions to consolidate and extend time. The motions to consolidate are DENIED. Appellees do not need a formal order of consolidation in order to file one brief addressing two appeals. They may file one brief, or two, at their option. The motions for an extension of time is GRANTED, but only until May 9, 2012 (in both appeals). This should allow enough time to prepare a single brief covering the two cases. Appellees previously told the court that the two suits are functionally identical. There is accordingly no need for time beyond the 30-day extension already granted, and this one-week increment. The court’s last regular sitting of the current term is June 8, 2012. If the court were to delay the appellees’ briefs until June 1 or June 11 (the alternate dates appellees propose), that would postpone oral argument until next September, an unnecessary delay. Appellees must file their brief (or briefs) in both cases by May 9, and appellants their reply briefs by May 23. That will permit oral argument the last week of May or the first full week of June. [6391924-3] [16] [6391924-2] [16] JKL [6392901] [12-1269, 12-1788] (AM)
The orals are combined, but the cases are not consolidated. State defendants will submit their response on May 9th. Plaintiffs reply, if any, will be on the 23rd. Orals to be set for the first week of June, at the latest.
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Old 05-05-2012, 9:24 AM
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Thanks Gray, I needed that!

How about Scocca? Will the next actions have to wait until after the Nordyke mediation?
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Old 05-05-2012, 12:07 PM
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Quote:
Originally Posted by ColdDeadHands1 View Post
Thanks Gray, I needed that!

How about Scocca? Will the next actions have to wait until after the Nordyke mediation?
Scocca waits on the Nordyke next step.

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Old 05-05-2012, 3:25 PM
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Originally Posted by hoffmang View Post
Scocca waits on the Nordyke next step.

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Old 05-06-2012, 12:18 AM
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Quote:
Originally Posted by Al Norris View Post
As regards Moore and Shepard, the motions panel at the 7th has put its foot down:


The orals are combined, but the cases are not consolidated. State defendants will submit their response on May 9th. Plaintiffs reply, if any, will be on the 23rd. Orals to be set for the first week of June, at the latest.
Holy crap. Moore & Shepard may jump ahead of my case.
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Old 05-11-2012, 8:27 AM
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So speaking of Nordyke, lets talk about the next steps of mediation. An excerpt from the 9th Circus order on April 4th states:

The panel believes that the parties should attempt to settle this dispute by agreeing on the conditions for holding gun shows at the Alameda County fairgrounds, with the assistance of mediation. The case is referred to the Circuit Mediation Office for mediation, and its submission is deferred for 45 days or pending further order of the court.

The Circuit Mediator will contact the parties as soon as possible and shall provide a status report to the panel no later than 45 days following this order.


45 business days past April 4 is June 6. 45 calendar days past April 4 is May 19. What do we expect to hear from the Circuit mediator, that a date for mediation has been scheduled, or something else? Does the court operate on calendar or business days?
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Old 05-11-2012, 6:10 PM
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June 8th is the date for orals for both Moore and Shepard.

I misspoke about the orals being combined. They will be heard by the same panel on the same day, but not at the same time.

Like the CA4, the CA7 does not announce who the panel will be until the morning of the orals.

Quote:
05/10/2012 26 Received argument confirmation from Alan Gura for Appellants Peggy Fechter, Charles Hooks, Jon Maier, Michael Moore and Second Amendment Foundation, Incorporated. [26] [6396807] [12-1269] (Gura, Alan)
Mr. Gura will be the sole counsel to argue for Moore.
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