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17-903 - Wiese et al., v. Becerra, et al.,


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17-903 - Wiese et al., v. Becerra, et al.,
June 13, 2017
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ORDER signed by Senior Judge William B. Shubb on 6/13/2017 re 9 Plaintiffs' Motion for Temporary Order: In light of the circumstances described in the 25 Supplemental Declaration of George M. Lee, 9 Plaintiffs' Motion for Temporary Restraining Order is denied without prejudice to its being renewed at such time as plaintiffs may seriously want the court to rule on it. (Kirksey Smith, K)
June 16, 2017
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ORDER signed by Senior Judge William B. Shubb on 6/16/2017 re 28 Plaintiffs' Motion for Temporary Restraining: IT IS HEREBY ORDERED that plaintiffs' Renewed Motion for Temporary Restraining Order (Docket No. 28) be, and the same hereby is, DENIED. This matter is set for hearing on plaintiffs' request for a preliminary injunction on 6/29/2017 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The parties shall file simultaneous supplemental briefs by 12:00 p.m. on 6/23/2017. [See document for further details.] (Kirksey Smith, K)
June 19, 2017
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STIPULATION and ORDER signed by Senior Judge William B. Shubb on 6/16/17 ORDERING that Defendant's last day to answer or otherwise respond to Plaintiff's First Amended Complaint shall be no later than 21 days after entry of this Court's order regarding the Motion for Preliminary Injunction. (Kastilahn, A)
June 29, 2017
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MEMORANDUM and ORDER signed by Senior Judge William B. Shubb on 6/29/2017 DENYING 28 Plaintiffs' Renewed Motion for Issuance of Preliminary Injunction. (Kirksey Smith, K)
July 17, 2017
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ORDER signed by Senior Judge William B. Shubb on 7/17/2017 re 53 Stipulation to File Second Amended Complaint: Before the court is the parties' 53 Stipulation re Filing of Second Amended Complaint. In the Stipulation, the parties have agreed to allow plaintiffs to file a Second Amended Complaint on or before 7/28/2017, and that defendants would be allowed to answer or respond within forty days of the filing of the Second Amended Complaint. In order to consider approval of the Stipulation, the court must review the proposed Second Amended Complaint. IT IS THEREFORE ORDERED that within ten days from the entry of this Order plaintiffs lodge a copy of their proposed Second Amended Complaint; and IT IS FURTHER ORDERED that defendants may file an answer or response to the First Amended Complaint by 8/17/2017. The court will consider the stipulation to file a Second Amended Complaint and a deadline for defendants to answer or respond to such complaint once the court is presented with the proposed complaint. (Kirksey Smith, K)
July 31, 2017
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ORDER signed by Senior Judge William B. Shubb on 7/28/17 ORDERING that the Attorney General has filed a notice of appeal from the preliminary injunction issued by the USDC for the Southern District of California in Duncan v. Becerra, Civ. No. 3:17-1017 BEN JLB. While the arguments raised by the plaintiffs in that case and the instant case are not identical, the plaintiffs in both cases make substantially similar arguments regarding whether California's large capacity ban violates the Second Amendment and Takings Clause of the United States Constitution. Thus, a decision by the Ninth Circuit regarding the Duncan case may be dispositive as to key issues in this case. In light of this development, within fourteen days from the date of this Order the parties in this case shall submit a Joint Status Report setting forth the their respective positions on whether this court should stay proceedings in this case pending the appeal in Duncan v. Becerra. (Becknal, R)
August 15, 2017
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ine for any answer or response to the Second Amended Complaint at the Scheduling Conference. (Kirksey Smith, K)ORDER signed by Senior Judge William B. Shubb on 8/15/2017 re 53, 55 Stipulation to File Second Amended Complaint: In light of the parties' agreement and the lodging of the proposed amended complaint, the court will grant plaintiffs leave to amend their complaint. Plaintiffs are hereby ORDERED to file their Second Amended Complaint within three days from the date of this Order. The Scheduling Conference set for 8/28/2017 will remain on the calendar. The court will discuss the deadl
October 11, 2017
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ORDER re 64 Stipulation for Continuance signed by Senior Judge William B. Shubb on 10/11/2017: Before the court is the parties' Stipulation and Proposed Order re Continuance of Hearing and Reply/Opposition Dates on Defendants' Motion to Dismiss. Given the court's schedule, it is unable to accommodate the requested continuance to 11/20/2017. The court can hear the motion either on 11/6/2017, as previously scheduled, or on 2/5/2018, at 1:30 p.m. On or by 10/16/2017, the parties shall inform the court which date they prefer. (Kirksey Smith, K)
October 18, 2017
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ORDER signed by Senior Judge William B. Shubb on 10/17/2017 ORDERING the 61 Motion to Dismiss CONTINUED to 2/5/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Washington, S)
February 7, 2018
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MEMORANDUM AND ORDER signed by Senior Judge William B. Shubb on 2/6/2018 GRANTING 61 Defendants' Motion to Dismiss; Plaintiffs have twenty days from the date this Order is signed to file a Third Amended Complaint, if they can do so consistent with this Order. (Reader, L)
February 7, 2018
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ORDER signed by Senior Judge William B. Shubb on 2/6/2018 ORDERING 62 Everytown for Gun Safety's motion for leave to file an amicus curiae brief in support of defendants' motion to dismiss plaintiffs' Second Amended Complaint is DENIED as MOOT. (Reader, L)
March 12, 2018
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ORDER STAYING DISCOVERY signed by Senior Judge William B. Shubb on 3/12/2018: Before the court is parties' 79 Joint Status Report filed 3/12/2018. Pursuant to the agreement of the parties, all discovery is STAYED pending resolution of any motion to dismiss plaintiffs' Third Amended Complaint. The court declines to reset the Scheduling Conference set for 3/26/2018. At the Scheduling Conference, the parties shall be prepared to discuss their positions as to whether a complete stay of this action is appropriate. (Kirksey Smith, K)
March 23, 2018
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ORDER STAYING PROCEEDINGS 81 signed by Senior Judge William B. Shubb on 3/23/2018: The current Scheduling Conference presently set for hearing on 3/26/2018 is hereby VACATED. A new Scheduling Conference shall be held on 7/30/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. A further Joint Status Report shall be filed no later than 7/16/2018. (Kirksey Smith, K)