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SF v. 44Mag (Mag Repair Parts Kits)

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  • fizux
    Senior Member
    CGN Contributor - Lifetime
    • Apr 2012
    • 1540

    SF v. 44Mag (Mag Repair Parts Kits)

    SF v. 44Mag [and Exile Machine, Copes, Crossroads]
    Issue: 17200 claim against companies selling standard capacity magazine repair parts kits.

    Current Status as of 12/19/2013:
    Exile - Motion for Judgment on the Pleadings due 11/22, Oppositions due 12/11, hx 12/30.
    COTW - Settled on 12/10/2013 (Stipulated judgment/injunction that COTW not allow LCM mag bodies or drums to be sold, unless later determined to be unconstitutional; parties to bear own costs).
    Copes, 44Mag - Settlement announced 12/18/2013 for $15k nuisance payment; otherwise same as COTW. As of 12/19/2013, settlement has not been entered into the Court's docket.

    12/18/2013 - Settlement announced by Copes and 44Mag. Congrats on a job well done by M&A.*
    12/18/2013 - Notice of entry of order (re: 12/10/2013 COTW Settlement / Stip J) filed.
    12/10/2013 - COTW Settlement (Stipulated judgment/injunction that COTW not allow LCM mag bodies or drums to be sold, unless later determined to be unconstitutional).
    11/13/2013 - CMC order setting MJP for 12/30/2013.
    11/7/2013 - Joint CMC stmt; settlement imminent except for Exile Machine.
    10/26/2013 - Stipulated order to extend time for 44Mag, Copes, and COTW (Responsive Pleading due 12/20/2013).
    9/9/2013 - Designated Complex; assigned to Judge Curtis Karnow (Recorder Article)
    8/21/2013 - Exile Machine's Answer.
    8/20/2013 - Stipulated order to extend time to respond until 9/20/2013.
    6/10/2013 - Complaint.


    Trial Court: Superior Court of California, in and for the City and County of San Francisco.
    Case No. CGC-13-531982.
    Docket: http://webaccess.sftc.org/scripts/ma...numberprompt22
    (Enter "531982").

    Links:
    Related thread: http://www.calguns.net/calgunforum/s...d.php?t=776301
    Michel & Assoc. Case Tracker: http://michellawyers.com/people-v-44...tributing-llc/

    * IMHO; other than being a member of the NRA, I am not associated or affiliated with M&A in any way.
    Last edited by fizux; 12-19-2013, 5:49 PM. Reason: updates
    Nationwide Master List of Current 2A Cases, courtesy of Al Norris @ TFL.

    Reloading Clubs: SF, East Bay

    Case Status: (Handgun Roster). SF v. 44Mag (Mag Parts Kits). Bauer v. Harris (DROS Fees). Davis v. LA (CCW policy). Jackson v. SF (Ammo/Storage). Teixeira (FFL Zoning). First Unitarian v. NSA (Privacy). Silvester (Waiting Period). Schoepf (DROS Delay). Haynie (AW ban). SFVPOA v. SF (10+ mag possession ban). Bear in Public: Drake (3CA); Moore (7CA); Richards, Peruta, McKay (9CA).
  • #2
    Tincon
    Mortuus Ergo Invictus
    CGN Contributor - Lifetime
    • Nov 2012
    • 5062

    Exile's Answer: http://michellawyers.com/wp-content/...achine-LLC.pdf
    My posts may contain general information related to the law, however, THEY ARE NOT LEGAL ADVICE AND I AM NOT A LAWYER. I recommend you consult a lawyer if you want legal advice. No attorney-client or confidential relationship exists or will be formed between myself and any other person on the basis of these posts. Pronouns I may use (such as "you" and "your") do NOT refer to any particular person under any circumstance.

    Comment

    • #3
      BigPimping
      CGN Contributor
      • Feb 2010
      • 21346

      I hope Exile humiliates those idiots who file illegal litigation.
      sigpic

      PIMP stands for Positive Intellectual Motivated Person

      When pimping begins, friendship ends.

      Don't let your history be a mystery

      Comment

      • #4
        saki302
        Calguns Addict
        • Oct 2005
        • 7177

        I hope they get humiliated in such a fashion these cities will think twice before using frivolous lawsuits to further their agenda.

        Comment

        • #5
          MaHoTex
          Calguns Addict
          • Jul 2010
          • 5002

          I really do not want to pile on and add to the noise, but I must ask one question: Since the other thread got trashed can we please reserve this thread for only valid updates? No response to this post is necessary.
          NRA Life Member

          sigpic

          Mr. President, I can't take any more winning! Make it stop Mr. President. The winning is YUGGEEEE!

          "If you've got a problem with the US, you better make sure it's not a military problem." SSgt Leslie Edwards

          Comment

          • #6
            kmca
            Senior Member
            • Oct 2005
            • 2371

            Just curious, if/when Exile wins, are they reimbursed for their legal, travel, preparation and other expenses?

            Comment

            • #7
              johnny1290
              Senior Member
              • Apr 2011
              • 1596

              In the PDF Exile is asking for dismissal with prejudice and costs of suit and other relief.

              That sounds like expenses if they win to me. I hope they get it!

              Comment

              • #8
                TANK
                Senior Member
                • Mar 2009
                • 833

                I hope exile and everyone else wins against those idiots
                "No man who refuses to bear arms in defense of his nation can give a sound reason why he should be allowed to live in a free country"
                T. Roosevelt

                Comment

                • #9
                  stix213
                  AKA: Joe Censored
                  CGN Contributor - Lifetime
                  • Apr 2009
                  • 18997

                  I had to look up "doctrine of laches"

                  I'm interested in more details as to how this applies as a defense in this case.

                  Comment

                  • #10
                    FABIO GETS GOOSED!!!
                    Veteran Member
                    • Feb 2006
                    • 3012

                    Originally posted by stix213
                    I had to look up "doctrine of laches"

                    I'm interested in more details as to how this applies as a defense in this case.
                    I can't say that I know anyone who has ever one a case by assering a defense of laches.
                    sigpic

                    Comment

                    • #11
                      nickster
                      Junior Member
                      • Nov 2007
                      • 76

                      How do you one a case?

                      Comment

                      • #12
                        FABIO GETS GOOSED!!!
                        Veteran Member
                        • Feb 2006
                        • 3012

                        How do you asser a defense of laches?
                        sigpic

                        Comment

                        • #13
                          nickster
                          Junior Member
                          • Nov 2007
                          • 76

                          I don't care to pre-numbulate on that due to prior commitments.

                          Comment

                          • #14
                            fizux
                            Senior Member
                            CGN Contributor - Lifetime
                            • Apr 2012
                            • 1540

                            Originally posted by FABIO GETS GOOSED!!!
                            How do you asser a defense of laches?
                            It's an assermative diphense.
                            Nationwide Master List of Current 2A Cases, courtesy of Al Norris @ TFL.

                            Reloading Clubs: SF, East Bay

                            Case Status: (Handgun Roster). SF v. 44Mag (Mag Parts Kits). Bauer v. Harris (DROS Fees). Davis v. LA (CCW policy). Jackson v. SF (Ammo/Storage). Teixeira (FFL Zoning). First Unitarian v. NSA (Privacy). Silvester (Waiting Period). Schoepf (DROS Delay). Haynie (AW ban). SFVPOA v. SF (10+ mag possession ban). Bear in Public: Drake (3CA); Moore (7CA); Richards, Peruta, McKay (9CA).

                            Comment

                            • #15
                              issah
                              Banned
                              • Mar 2013
                              • 71

                              This sucks. How can the State of California try to shut down magazine parts kits, which are perfectly legal under federal law, and, at the same time, legitimize marijuana possession and consumption, which are clearly illegal under the same set of laws? Our legislature has its heads up its collective arse!

                              Comment

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