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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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  #201  
Old 09-13-2018, 4:28 PM
TruOil TruOil is offline
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Quote:
Originally Posted by thorium View Post
When you get ruled against in a gun-related case by an Obama-appointed judge from San Francisco who went to Berkeley law... you know youíre way out there.

Iíd guess CA will back down for once and not appeal on this one.
California and its anti-gun AGs after Brown do not seem to have a whole lot of common sense when it comes to guns. I had a hard time believing that they fought so hard for this statute, so I will not be surprised it they appeal. They have noting to lose by doing so.
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  #202  
Old 10-09-2018, 5:35 PM
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If I’m not mistaken the deadline to file for appeal is 30 days which is up this week.
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  #203  
Old 10-10-2018, 2:18 PM
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Originally Posted by thorium View Post
If Iím not mistaken the deadline to file for appeal is 30 days which is up this week.
It is 60 days from the date of the notice of entry of judgment. So another month, or thereabouts.
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  #204  
Old 10-11-2018, 5:11 AM
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Originally Posted by TruOil View Post
It is 60 days from the date of the notice of entry of judgment. So another month, or thereabouts.
Iím mistaken again!

I was going off bottom of page 22 of https://cdn.ca9.uscourts.gov/datasto...cticeGuide.pdf

Where did I go wrong?

It says 30 days to file notice of appeal in civil cases, but 60 days if the federal government is party:

30-Day Deadline in Civil Case In a civil case, the Notice of Appeal must be filed within 30 days of entry of the appealed judgment or order. Fed. R. App. P. 4(a)(1)(A). However, when one of the parties is the United States, a United States agency, or a United States officer or employee sued in an official capacity or in an individual capacity for an act or omission occurring in connection with duties performed on the United Statesí behalf, the time to appeal is 60 days. Fed. R. App. P. 4(a)(1)(B).
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  #205  
Old 10-11-2018, 8:09 AM
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Originally Posted by thorium View Post
I’m mistaken again!

Where did I go wrong?
I'm not sure you did. Generally speaking, you have 30 days to file a notice of appeal in federal cases; it's 60 days in state-court cases.

See FRAP 4 ("In a civil case, except as provided in Rules 4(a)(1)(B), 4(a)(4), and 4(c), the notice of appeal required by Rule 3 must be filed with the district clerk within 30 days after entry of the judgment or order appealed from."); Cal. R. Ct. 8.104(a) ("Unless a statute or rules 8.108, 8.702, or 8.712 provides otherwise, a notice of appeal must be filed on or before ... 60 days after the party filing the notice of appeal serves or is served ... with a document entitled 'Notice of Entry' of judgment or a filed-endorsed copy of the judgment, accompanied by proof of service ....").

Last edited by canopis; 10-11-2018 at 8:14 AM.. Reason: Added citations.
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  #206  
Old 10-11-2018, 2:49 PM
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Originally Posted by Paladin View Post
Um, where's the ACLU??? This is the 1st Amendment, after all....
The ACLU is an extension of the demorat party responsible for persecuting non-believers in liberal philosophy.
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  #207  
Old 10-11-2018, 2:53 PM
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Originally Posted by canopis View Post
I'm not sure you did. Generally speaking, you have 30 days to file a notice of appeal in federal cases; it's 60 days in state-court cases.

See FRAP 4 ("In a civil case, except as provided in Rules 4(a)(1)(B), 4(a)(4), and 4(c), the notice of appeal required by Rule 3 must be filed with the district clerk within 30 days after entry of the judgment or order appealed from."); Cal. R. Ct. 8.104(a) ("Unless a statute or rules 8.108, 8.702, or 8.712 provides otherwise, a notice of appeal must be filed on or before ... 60 days after the party filing the notice of appeal serves or is served ... with a document entitled 'Notice of Entry' of judgment or a filed-endorsed copy of the judgment, accompanied by proof of service ....").
My bad. I incorrectly assumed that a civil rights case against a state official challenging a state statute would have been brought in state court, since states are generally immune from suit in federal courts. I went back and looked at the first post, but that was after the appeal of the denial of the preliminary injunction had been filed. How the heck did this end up in federal court?
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  #208  
Old 10-11-2018, 3:42 PM
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Originally Posted by TruOil View Post
My bad. I incorrectly assumed that a civil rights case against a state official challenging a state statute would have been brought in state court, since states are generally immune from suit in federal courts. I went back and looked at the first post, but that was after the appeal of the denial of the preliminary injunction had been filed. How the heck did this end up in federal court?
ex parte young allows for injunctive relief in federal court

https://en.wikipedia.org/wiki/Ex_parte_Young
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  #209  
Old 10-12-2018, 1:33 AM
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Quote:
Originally Posted by stator View Post
The ACLU is an extension of the demorat party responsible for persecuting non-believers in liberal philosophy.

They no longer even pretend to be neutral:


Former ACLU leaders blast 'appalling' anti-Brett Kavanaugh Ad
Oct 4, 2018 -
Former American Civil Liberties Union leaders say the group
is making a serious mistake in opposing Supreme Court nominee Brett
Kavanaugh with a $1 million ad buy focused on sexual misconduct
allegations
https://www.washingtonexaminer.com/n...gh-ad-campaign




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  #210  
Old 10-12-2018, 9:01 AM
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Originally Posted by Noble Cause View Post
They no longer even pretend to be neutral:

Former ACLU leaders blast 'appalling' anti-Brett Kavanaugh Ad
Oct 4, 2018 -
Former American Civil Liberties Union leaders say the group
is making a serious mistake in opposing Supreme Court nominee Brett
Kavanaugh with a $1 million ad buy focused on sexual misconduct
allegations
https://www.washingtonexaminer.com/n...gh-ad-campaign.
Noble
Kind of makes one look forward to the first ACLU-sponsored case to be brought to the new Court....
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  #211  
Old 10-12-2018, 10:39 AM
Uncivil Engineer Uncivil Engineer is offline
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Why would that be a problem, oh wait...
Quote:
Originally Posted by Dvrjon View Post
Kind of makes one look forward to the first ACLU-sponsored case to be brought to the new Court....
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  #212  
Old 10-13-2018, 10:29 AM
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If the state appeals and wins this case will be heard by the big dogs, and the aclu can cry false tears at that time.

We can't get paranoid and think something else will come down the pike, something really egregious like Los Angeles or someone requiring business's to disclose NRA affiliations to do biz with the city, now that would really be authoritarian.
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  #213  
Old 10-14-2018, 12:51 PM
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Originally Posted by bubbapug1 View Post
If the state appeals and wins this case will be heard by the big dogs, and the aclu can cry false tears at that time.

We can't get paranoid and think something else will come down the pike, something really egregious like Los Angeles or someone requiring business's to disclose NRA affiliations to do biz with the city, now that would really be authoritarian.
http://www.calguns.net/calgunforum/s....php?t=1482833
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  #214  
Old 10-15-2018, 9:06 PM
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So are we past the deadline to appeal, with no appeal filed?
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  #215  
Old 10-15-2018, 10:15 PM
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Quote:
Originally Posted by thorium View Post
So are we past the deadline to appeal, with no appeal filed?
In California? Rules are 'advisory' ...
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  #216  
Old 10-16-2018, 12:10 PM
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Originally Posted by Librarian View Post
In California? Rules are 'advisory' ...
Time to appeal deadlines are jurisdictional in state courts and strictly applied, but as Librarian states, the rules are more or less "advisory" in the federal courts.
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  #217  
Old 10-16-2018, 9:12 PM
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Quote:
Originally Posted by Librarian View Post
In California? Rules are 'advisory' ...
Ha !

Sad but True.





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