Nguyen vs Becerra 2020-Dec: USDC SDCA: challenge new 1 in 30

[Librarian]

https://www.saf.org/wp-content/uploa...-ECF-Filed.pdf

Case 3:20-cv-02470-WQH-WVG

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

COUNT ONE
DEPRIVATION OF CIVIL RIGHTS
RIGHT TO KEEP AND BEAR ARMS
U.S. CONST., AMENDS. II AND XIV, 42 U.S.C. § 1983

PRAYER FOR RELIEF
WHEREFORE, Plaintiffs pray for the following relief:
1. A declaratory judgment that Defendants’ laws and enforcement
policies, practices, customs, and actions individually and collectively prevent
Plaintiffs, Plaintiffs’ members and customers, and similarly situated individuals not
prohibited from possessing and acquiring firearms, from applying for, purchasing,
and taking possession of more than one handgun and/or semiautomatic, centerfire

rifle in any 30-day period violate the right to keep and bear arms protected under the
Second and Fourteenth Amendments to the United States Constitution;

2. A declaratory judgment that Defendants’ laws and enforcement
policies, practices, customs, and actions individually and collectively treat Plaintiffs,
Plaintiffs’ members and customers, and similarly situated individuals not prohibited
from possessing and acquiring firearms, differently than similarly situated
individuals who are not likewise restricted from applying for, purchasing, and taking
possession of more than one handgun and/or semiautomatic, centerfire rifle in a 30-
day period, in violation of the Fourteenth Amendment’s Equal Protection Clause;

3. A preliminary and permanent injunction restraining Defendants and
their officers, agents, servants, employees, all persons in concert or participation
with them, and all who have notice of the injunction, from enforcing Defendants’
laws and enforcement policies, practices, customs, and actions that individually and
collectively prevent Plaintiffs, Plaintiffs’ members and customers, and similarly
situated individuals not prohibited from possessing and acquiring firearms, from
applying for, purchasing, and taking possession of more than one handgun and/or
semiautomatic, centerfire rifle in a 30-day period;

[MJB]

Fingers crossed

[HowardW56]

Notice of Related Cases

FPC Release

[Paladin]

[BeAuMaN]

Originally Posted by Paladin

https://www.courtlistener.com/docket...&order_by=desc

Last movement was 5/19/2021.
https://storage.courtlistener.com/re...95583.14.0.pdf

This is the scheduling conference that gives the deadline to various actions/motions. Final scheduled pre-trial conference will be 3/18/2022.

So expect various filings before that date and a hearing after that date. Early on in the case plaintiffs filed Notice of Related Cases as per Local Rule 40.1(f), likely to try to get Benitez assigned to their case, however it seems they were assigned William Q. Hayes, who I'm not aware off the top of my head whether he's on any other gun cases in the Southern District.

District Judge Robert Benitez is currently assigned to Duncan, Miller, and Fouts, while Renna is assigned to Chief District Judge Dana M Sabraw, though according to Local Rule 40.1.(a) it could be reassigned at any time with consent.

[Paladin]

[9Cal_OC]

[pacrat]

Since I seriously doubt that Demrats will ever be able to support a THT defense of this law, per Bruen.

I believe that Ms Nguyen will get a slam dunk on default.

[FirearmFino]

ORDER Requesting Supplemental Briefs.

[BAJ475]

Originally Posted by pacrat

Since I seriously doubt that Demrats will ever be able to support a THT defense of this law, per Bruen.

I believe that Ms Nguyen will get a slam dunk on default.

I do not know about a slam dunk and I seriously doubt a default. It's not just this law but nearly every CA firearm restriction will have tough going against THT. Thomas not only gave us a sword he gave us nukes!

[pacrat]

Originally Posted by pacrat View Post
Since I seriously doubt that Demrats will ever be able to support a THT defense of this law, per Bruen.

I believe that Ms Nguyen will get a slam dunk on default.

Originally Posted by BAJ475

I do not know about a slam dunk and I seriously doubt a default. It's not just this law but nearly every CA firearm restriction will have tough going against THT. Thomas not only gave us a sword he gave us nukes!

Ms Nguyen and all other citizens of Ca. Already had protection against this law under the Heller "common use" ruling. But now, since Bruen, the fancy legal dance, known as "The Leftist 2-Step" is no more. And that the "THT" criteria is in place.

Justice Thomas was brilliant. The 9th just losing the 2-step, to dance around Heller. Would have assured a win.

I call that a "Double Whammy Slam Dunk".

I know that's not "proper legalese". But hey WTF, winning is winning, no matter how you label it.

[Paladin]

Next step and when?

ETA: Judge Hayes is wasting no time. Supplemental briefs in support of their MSJs were due July 29 and briefs in opposition to opponent’s supplemental briefs were due Aug 12. I assume the next step is a decision on the cross MSJs?

[marcusrn]

Important case, stay strong Michelle Nguyen, John Pillips, Darrin Prince, Dominic Boguski, Jay Medina, Frankie Colletti! You are true patriots!

[ziegenbock]

https://www.courtlistener.com/docket...&order_by=desc

HAYES, Judge:
Before the Court is the parties’ Third Joint Motion and Stipulation to Amend
Supplemental Briefing Order. (ECF No. 45.) Having considered the motion and pursuant to the parties’ stipulation, the Court finds good cause to GRANT the parties’
motion.

IT IS HEREBY ORDERED that the Amended Supplemental Briefing
Order (ECF No. 40) is amended as follows: Each party’s reply brief is simultaneously due on or before October 10, 2022.
Dated: October 4, 2022
Case 3:20-cv-02470-WQH-MDD Document 46 Filed 10/04/2

[command_liner]

OK, so where are the reply briefs?

[dndgeek]

Originally Posted by command_liner

OK, so where are the reply briefs?

You can view them here
https://www.courtlistener.com/docket...&order_by=desc

[Paladin]

Originally Posted by dndgeek

You can view them here
https://www.courtlistener.com/docket...&order_by=desc

What's next and when? Just awaiting judge’s decision on cross MSJs?

[Paladin]

Originally Posted by Paladin

What's next and when? Just awaiting judge’s decision on cross MSJs?

Last week Judge Hayes shot down both sides MSJs. Looks like they’re going to trial.

[abinsinia]

Minute Entry for proceedings held before Magistrate Judge Mitchell D. Dembin: Case Management Conference held on 2/21/2023. Amended Scheduling Order dates to enter separately. (Plaintiff Attorney Raymond DiGuiseppe). (Defendant Attorney Jerry Yen). (no document attached) (smd) (Entered: 02/21/2023)

THIRD Amended Scheduling Order Regulating Discovery And Other Pre-Trial Proceedings. Signed by Magistrate Judge Mitchell D. Dembin on 2/21/2023.(alns) (Entered: 02/21/2023)

New docket entries.

[Elgatodeacero]

I do not understand what factual issues need to be decided at trial?

This seems like a pure question of law?