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2nd Amend. Litigation Updates & Legal Discussion Discuss California 2A related litigation and legal topics here. All advice given is NOT legal counsel.

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  #1  
Old 12-18-2013, 10:33 AM
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Default 44Mag, Copes Settle Litigation Filed by San Francisco Over Rebuild Kits

Copes Distributing, Inc and 44Mag Distributing, LLC, have authorized the release of the following statement on their behalf concerning this litigation:



December 18, 2013


Copes Distributing, Inc. (“Copes”) and 44Mag Distributing, LLC (“44Mag”) have entered into a settlement agreement with the San Francisco District Attorney’s office that effectively terminates the litigation for these parties.

The companies admitted no wrongdoing under the settlement agreement, and Copes and 44Mag steadfastly maintain that they have at all times operated in compliance with all state and local laws. Neither company will be required to disclose customer information to the City under the agreement, nor was any customer information disclosed during the course of the litigation.

The companies stipulated to settle the case for $15,000 and an agreement to discontinue sales of the body of any magazine capable of holding more than ten rounds to California customers. The companies also agreed to send a letter to San Francisco and Sunnyvale customers advising them of those cities’ recently enacted magazines possession bans.

Although the companies believed they would prevail on the merits of the case, each company opted to settle the matter to protect against the possibility that customer identities might be revealed during the litigation. Also, given the passage of the vaguely worded Assembly Bill 48 (AB 48) earlier this year, the companies did not intend to continue selling these parts for standard-capacity magazines after the first of the year. Rather than spend money fighting over the legality of rebuild kits after the passage of AB 48, Copes and 44Mag instead intend to make financial contributions to the NRA’s California lawsuits seeking to confirm Second Amendment protections for standard-capacity magazines.

Should the sale of standard-capacity magazines or repair kits be deemed legal by any court order, stipulation, or change in legislation, the settlement agreement provides that these companies may resume sales to California customers.

Copes and 44Mag would like to thank their customer for their patience and support during the litigation, and they look forward to continuing to serve their California customers.

Last edited by CMonfort; 12-18-2013 at 11:00 AM..
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  #2  
Old 12-18-2013, 10:55 AM
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Not a horrible resolution. Bummer they had to pay anything though.
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Old 12-18-2013, 10:58 AM
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"The companies stipulated to settle the case for $15,000 and an agreement to discontinue sales of the body of any magazine capable of holding more than ten rounds to California customers."

So, it looks like AB 48 effectively banned mag bodies not springs, plates or followers. Its a sad day.
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Old 12-18-2013, 10:59 AM
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Not a horrible resolution. Bummer they had to pay anything though.
This
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Old 12-18-2013, 11:18 AM
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"The companies stipulated to settle the case for $15,000 and an agreement to discontinue sales of the body of any magazine capable of holding more than ten rounds to California customers."

So, it looks like AB 48 effectively banned mag bodies not springs, plates or followers. Its a sad day.
I'm going to guess they figured $15,000 was cheaper than paying for lawyers to work on something that's going to be a mute point in a couple weeks.
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Old 12-18-2013, 1:28 PM
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Well I guess the focus with magazines will be centered directly on the large-capacity restrictions which was expected.
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Old 12-18-2013, 1:47 PM
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I hope these companies will sent out letters to all their customers to preserve the anonymity of those ones who live in San Fransisco or Sunnyvale. The mail isn't secure. They could use the postal service to help compile a list of people who might have bought a rebuild kit. http://www.nytimes.com/2013/07/04/us...nail-mail.html
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Old 12-18-2013, 1:57 PM
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Quote:
Originally Posted by vintagearms View Post
"The companies stipulated to settle the case for $15,000 and an agreement to discontinue sales of the body of any magazine capable of holding more than ten rounds to California customers."

So, it looks like AB 48 effectively banned mag bodies not springs, plates or followers. Its a sad day.
My thoughts exactly. Mag bodies? They’ve effectively cut themselves out of the post AB48 sales market AND they have to pay 15K.
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Old 12-18-2013, 2:06 PM
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Hopefully they will pay them with bags of pennies totalling 15,000.
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Old 12-18-2013, 2:25 PM
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Interesting to see what happens with Exile now, especially since that case is going forward, and customer info has been requested by the city. Seems like SF didn't want to big a fight with Michel&associates, and is focusing on the party who is being defended by the guy who couldn't pay his California bar dues.
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Old 12-18-2013, 8:43 PM
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Nothing like getting strong armed into paying $15,000 over nothing. I love how gov't entities can just up and sue anyone for anything, and the dickheads behind the lawsuits could care less because it's not their money. Too bad the public doesn't have more of a say so in this kind of taxpayer waste.
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Old 12-18-2013, 8:55 PM
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I'm sure both companies have spent far more in legal fees just getting to this settlement amount. Ugly, unjust and unconstitutional malicious prosecution...
BTW, I have been a customer of 44Mag for years and they have always done right by me. I'm sorry they got caught up in this foolishness.
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  #13  
Old 12-18-2013, 9:07 PM
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Another example of why those running the city of San Francisco are worthless. Just think how many actual criminals, could have been dealt with, instead of them wasting time, money, and effort attacking the Second Amendment.
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Old 12-18-2013, 9:26 PM
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This is infuriating. They should be receiving payment not dishing it out.
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Old 12-19-2013, 11:42 AM
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My intuition is telling there is more to the story...
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  #16  
Old 12-19-2013, 11:53 AM
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So it was a legal mugging. Cheaper than litigation but an obvious abuse of power by the moving party.

The whole point was to permeate a atmosphere of fear amongst the sellers of RBK's.

One day this crap needs to end.

Last edited by bubbapug1; 12-19-2013 at 11:57 AM..
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  #17  
Old 12-19-2013, 4:32 PM
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Congrats on getting a far better deal for your clients than they could have gotten by going to trial -- even assuming that they will prevail every disputed issue of fact or law.
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Old 12-19-2013, 4:43 PM
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Is that $15K together or each?

.
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Old 12-19-2013, 4:47 PM
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Good result for the clients and far better to support the NRA effort than to continue this fight at this point. $15,000 is probably less than they would have spent responding to discovery.
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Old 12-19-2013, 5:31 PM
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^^ What Youngkee said. The court case was likely to be expensive.
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Old 12-19-2013, 7:45 PM
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Good result for the clients and far better to support the NRA effort than to continue this fight at this point. $15,000 is probably less than they would have spent responding to discovery.
Without trying to quibble, I submit that there would have been an astronomical difference between the "total cost" of discovery, and merely the amount "spent responding" to discovery.
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Old 12-20-2013, 7:31 AM
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Generally I hate when companies roll over and not fight baseless lawsuits. In this however, they were going to stop selling Jan. 1st anyway. So letting the city extort 15k from them was the easier way out but, bigger than that, they will not have to give up a client list which was the worst part of this lawsuit.
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Old 12-20-2013, 10:41 AM
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So what happened Exile Machine's lawsuit? Aren't they part of this?
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Old 12-20-2013, 11:10 AM
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Glad to hear this got settled sorry they had to pay sf. But cheaper in the long run probably if both parties diced to drag it out.

I assume this was a split sum? Dint see that both parties had to 15,000 each.
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Old 12-20-2013, 11:16 AM
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So what happened Exile Machine's lawsuit? Aren't they part of this?
Yes. But they are represented by a different attorney. There is a motion hearing set for December 30th for Exile. Although as far as I can tell based on the docket Exile has yet to file its opening brief for said motion.
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Old 12-24-2013, 12:17 PM
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Yes. But they are represented by a different attorney. There is a motion hearing set for December 30th for Exile. Although as far as I can tell based on the docket Exile has yet to file its opening brief for said motion.
OK, thanks for the update. I have feeling though that they will go the same route
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Old 12-26-2013, 5:11 PM
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This is extortion. The rouge AG, based on nothing more than "I don't like what you guys are doing," is using taxpayer money to strong arm small businesses. How is this legal? What can we do to make it illegal?
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Old 12-26-2013, 5:25 PM
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Buy from these companies, I bought 3 mags from 44mag that I did not really need, but wanted to support them, and you can't really have too many mags...
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Old 01-01-2014, 7:42 PM
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BLATANTLY a case of malicious prosecution but it would never be found as such given CA's politicized Judicial System.
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Old 01-01-2014, 9:51 PM
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There is a motion hearing set for December 30th for Exile. Although as far as I can tell based on the docket Exile has yet to file its opening brief for said motion.

any news worth reporting?
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Old 01-01-2014, 10:17 PM
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Quote:
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any news worth reporting?
Negative. If you are looking to follow the news of this case keep an eye on this thread. I will quote my update from that thread.

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Originally Posted by lorax3 View Post
Joint Stip filed today to move the motion hearing. The court has yet to issue an order, but the parties are requesting:

Move the motion hearing to February 14, 2014 at 9:00am
Exile opening motions due December 30, 2013
Plaintiff's oppo due January 23, 2014
Exile's reply due February 6, 2014

As today is December 30th we should see a motion on the docket in a few days. The stip does note regarding a settlement agreement, "In accordance with the Court's prior order setting the hearings for these motions, counsel for eachof the parties communicated regarding potential settlement but did not reach any agreement. Additionally, defense counsel has been unable to meet the prior schedule due to previously unforeseen events."
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Old 01-01-2014, 10:33 PM
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Negative. If you are looking to follow the news of this case keep an eye on this thread.

apologies; thanks for cross-posting the info.

looking at these two threads ... why are litigation updates being posted to the one that ISN'T in the "litigation updates" subforum?
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Old 01-02-2014, 9:14 AM
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apologies; thanks for cross-posting the info.

looking at these two threads ... why are litigation updates being posted to the one that ISN'T in the "litigation updates" subforum?

Ugh. Yeah. We created the litigation sub-forum recently, and there was already a lengthy thread on the case in 2A. When the litigation sub forum was created someone else made a new thread about the case. Both threads have lots of worthy discussion, so merging them would be confusing.
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Old 01-02-2014, 9:21 AM
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My thoughts exactly. Mag bodies? They’ve effectively cut themselves out of the post AB48 sales market AND they have to pay 15K.

it helps to read.

"Should the sale of standard-capacity magazines or repair kits be deemed legal by any court order, stipulation, or change in legislation, the settlement agreement provides that these companies may resume sales to California customers."
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Old 01-02-2014, 2:27 PM
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Should the sale of standard-capacity magazines or repair kits be deemed legal by any court order, stipulation, or change in legislation, the settlement agreement provides that these companies may resume sales to California customers.
They should also be entitled to a reimbursement of their $15,000... plus interest!
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Old 01-02-2014, 2:59 PM
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extortion
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Old 01-02-2014, 6:08 PM
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I hope the NRA takes that money back from SF in the pending lawsuit.
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