Linton v Becerra (US Dist Ct Nor Cal, 3/5/2021: Stayed Pending Duncan v Becerra

[darkwater34]

Tracking

[darkwater34]

Originally Posted by darkwater34

Tracking

Wars are, of course, as a rule to be avoided; but they are far better than certain kinds of peace.
Theodore Roosevelt

[FirearmFino]

Plaintiffs' Motion for Preliminary Injunction

[FirearmFino]

ORDER. The parties' joint request to continue the hearing currently noticed for January 23, 2020, to February 13, 2020, is granted. Defendants' opposition is due January 27, 2020. Plaintiffs' reply is due February 3, 2020. Signed by Judge James Donato on 1/2/2020.

[darkwater34]

Appears that a date for a bench trial has been set. Could it be that criminal are going to be brought?

[FirearmFino]

DEFENDANTS’ OPPOSITION TO PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION

[PROPOSED] ORDER DENYING PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION

[darkwater34]

The defendant's keep forgetting a few things or just down right choose to ignore the facts. California Laws and Regulations do not supersede the laws of the Constitution of the United Sates and that they are not being judged in a California State Court but a Federal Court by a Federal Judge. If you don't believe that California law does not supersede Federal law just try to start that 150 Acre Marijuana Farm, and see if them Federal Agents don't show up and hall your but to jail.

[darkwater34]

The defendant's keep forgetting a few things or just down right choose to ignore the facts. California Laws and Regulations do not supersede the laws of the Constitution of the United Sates and that they are not being judged in a California State Court but a Federal Court by a Federal Judge. If you don't believe that California law does not supersede Federal law just try to start that 150 Acre Marijuana Farm, and see if them Federal Agents don't show up and hall your but to jail.

Originally Posted by darkwater34

Wars are, of course, as a rule to be avoided; but they are far better than certain kinds of peace.
Theodore Roosevelt

[FirearmFino]

PLAINTIFFS’ REPLY MEMORANDUM IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION

[darkwater34]

Just curious if anyone might know if the injunction is granted in plaintiffs favor how long would the plaintiff's have to wait to take possession of their firearms and in Jones's case how soon would he be able to get his certification restored so he could return to being employed as a firearms instructor????

[FirearmFino]

ORDER. In light of the Court's heavy trial calendar, the hearing on plaintiffs' [38] motion for a preliminary injunction is continued to February 20, 2020, at 10:00 a.m. Signed by Judge James Donato on 2/6/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc4S, COURT STAFF) (Filed on 2/6/2020)

[darkwater34]

does anyone know how long it could take for this judge to decide on the injuction motion? I have this feeling that no mattcr what the decision is the appeals are alredy been written and are just waiting to be filed.

[FirearmFino]

Minute Entry for proceedings held before Judge James Donato: Motion Hearing re 38 Motion for Preliminary Injunction held on 2/20/2020.

[darkwater34]

I know that this judge has 90 days to decide this matter for everyone involved his decision is not based on personal feelings and is able to set those aside and make his ruling based on the merits.

[TruOil]

Originally Posted by darkwater34

I know that this judge has 90 days to decide this matter for everyone involved his decision is not based on personal feelings and is able to set those aside and make his ruling based on the merits.

The 90 day time frame is for state court judges and justices. It does not apply to federal court judges.

[darkwater34]

Because of COVID19 I have been out of the loop, anyone have anything new.

[darkwater34]

been out of the loop because of covid19 crap does anyone know if there have been any news has the Hon. James Donato ruled on the P.I. as of yet. After reading Rhode v Becerra does not really matter this case more than likely is going to SCOTUS any how.

[darkwater34]

I noticed that the Honerable James Donato has ruled on the P. I. does anyone have a link to a text format of the order as my device does not support dounloads or pdf's. Thanks

[ajb78]

Originally Posted by darkwater34

I noticed that the Honerable James Donato has ruled on the P. I. does anyone have a link to a text format of the order as my device does not support dounloads or pdf's. Thanks

https://www.courtlistener.com/docket...ton-v-becerra/

Denied.

[darkwater34]

You know that this case is going to be another one for SCOTUS. To bad the attorney' can't run crying to the ninth for an emergency stay while they wait for an appeal.

[darkwater34]

As much as I understand the ruling there is some fairness to the ruling. We will just have to wait and see what kind of appeals are filed after the 01/2021 trial.

[FirearmFino]

PLAINTIFFS’ NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, FOR PARTIAL SUMMARY JUDGMENT

[darkwater34]

The plaintiffs can only hope that POTUS appoints AMY CONEY BARRET to the SCOTUS. I beleive she ruled in favor in a simular case that came before her in the 7th Dist. not too long ago.

[darkwater34]

The plaintiffs can be assured a win if this case goes to SCOTUS the POTUS has chosen AMY CONEY BARRET to fill RGB's seat.

[FirearmFino]

DEFENDANTS’ OPPOSITION TO PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT

PLAINTIFFS’ REPLY MEMORANDUM IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, FOR PARTIAL SUMMARY JUDGMENT

[darkwater34]

Now that A.C.B. has been confirmed will judges be more apt to rule in favor of Constitutional cases as well as prosecuters fear to file appeal these rulings

[darkwater34]

I still say this case will end up going to SCOTUS .

[Drivedabizness]

Originally Posted by darkwater34

Now that A.C.B. has been confirmed will judges be more apt to rule in favor of Constitutional cases as well as prosecuters fear to file appeal these rulings

Arguing facts not in evidence

[darkwater34]

hmm. has there been a new ruling in this case if so could somone please post a link. thanks

[TruOil]

Originally Posted by darkwater34

hmm. has there been a new ruling in this case if so could somone please post a link. thanks

There are no deadlines in federal court for ruling on a submitted motion. It is not unusual, perhaps even common, for federal trial court judges to take matters under submission without oral argument and then issue an order at a later, and sometimes much later date. I saw several cases recently in which the decision on a motion for summary judgment was issued a year after the final papers were submitted, and I am currently waiting on decisions in two others that have been pending for months. The federal district courts in California are seriously understaffed with judges, and the average case load is double what it is for judges in other districts; hence the ruling on motions lags far behind.

[darkwater34]

According to the case there is something for the court 12/22/2020 and a bench trial set for 01/11/2021 so it seems to me a decision should be fourth comming.

[darkwater34]

date for pretrial conference is 12/17/2020 not12/22/2020 but one should expect a ruling before 12/17/2020.

[darkwater34]

So what now?

[darkwater34]

It seems like his honor is waiting for both parties to come to some out of court settlement. Sort of reminds one of the twins being born joke when neither twin can decide who goes first.

[darkwater34]

So much for that analogy, looks like a fumbled football. Up to the 9th en banc judges to make a decision on what appears to be a miss call on the coin toss on a game played out of town. We will have to see if the coaches will either decide to decline the penalty and settle before a decision is made at the lower level. And the higher court gets to decide the out come of the coin toss. Either way I am pretty sure that A.C.B. is anticipating to have go at the deciding the judgment call on the coin toss. When she sees the out come of LINTON v BECERRA is riding on the decision of DUNCAN v BECERRA.

[darkwater34]

Might as well remove this thread as this case appears to be dead it has died a tragic silent death.

[BeAuMaN]

Originally Posted by darkwater34

Might as well remove this thread as this case appears to be dead it has died a tragic silent death.

It's not dead-dead though. Parties are to file a joint status report within 30 days of an En Banc decision on Duncan v Becerra. If the case were to be updated then the status would be 3/5/2021: Stayed Pending Duncan v Becera
https://www.courtlistener.com/docket...&order_by=desc

[Librarian]

Originally Posted by BeAuMaN

It's not dead-dead though. Parties are to file a joint status report within 30 days of an En Banc decision on Duncan v Becerra. If the case were to be updated then the status would be 3/5/2021: Stayed Pending Duncan v Becera
https://www.courtlistener.com/docket...&order_by=desc

That looks right - done, and thanks.

[darkwater34]

This case went back to court 05/02/2023

[darkwater34]

Defendants are trying to paint Mr. Stewart as a violent felon Mr. Stewart was convicted of a 3rd degree burglary which in Arizona is a class 4 non violent felony , which he had petitioned the court to vacate and restore all civil rights including the possession and to purchase firearms. Nolonger a felon and was never convicted of a violent crime. Pretty much sums it up for the Court to rule inhis favor according to the rules set forth by the Honorable James Donato for both plaintiff's and defendant's must follow. Seems as defendant's have confused the court by trying to paint plaintiff Stewart has a violent felon by stating that he was convicted of a 1st degree burglary which by Arizona State Law the person used explosives or violence in the commission of a burglary whether commercial or a private residence. Mr Stewart was not convicted of first degree burglary as the defendant's would like the court to believe. All one has to do is look up 1st degree burglary in the state of Arizona and then look up Mr. Stewart's conviction to find out the truth.