This case was last updated from U.S. Courts Of Appeals on 04/25/2020 at 16:04:19 (UTC).

Ivan Pena, et al v. Stephen Lindley

Case Summary

On 03/11/2015 Ivan Pena filed a Civil Right - State Statute Constitutionality lawsuit against Stephen Lindley. This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, Ninth Circuit. The case status is Not Classified By Court.
Case Details Parties Dockets

 

Case Details

  • Case Number:

    15-15449

  • Filing Date:

    03/11/2015

  • Case Status:

    Not Classified By Court

  • Case Type:

    Civil Right - State Statute Constitutionality

 

Party Details

Amicus Curiae

BRADY CENTER TO PREVENT GUN VIOLENCE

NATIONAL SHOOTING SPORTS FOUNDATION, INC.,

EVERYTOWN FOR GUN SAFETY

LOS ANGELES CITY ATTORNEY'S OFFICE

NATIONAL RIFLE ASSOCIATION OF AMERICA, INC.

LAW CENTER TO PREVENT GUN VIOLENCE

SPORTING ARMS AND AMMUNITION MANUFACTURER'S INSTITUTE INC.

CALIFORNIA RIFLE AND PISTOL ASSOCIATION

Plaintiff / Appellants

ROY VARGAS

DONA CROSTON

BRETT THOMAS

CALGUNS FOUNDATION, INC.

IVAN PENA

SECOND AMENDMENT FOUNDATION, INC.

Defendant / Appellee

STEPHEN LINDLEY, Chief of the California Department of Justice Bureau of Firearms

Attorney/Law Firm Details

Amicus Curiae Attorneys

Eric Alan Krause

Attorney at White & Case LLP

2 Palo Alto Square, Suite 900

Palo Alto, CA 94306

Lance A. Selfridge

Attorney at Lewis Brisbois Bisgaard & Smith LLP

633 W. 5Th Street, Suite 4000

Los Angeles, CA 90071

Deepak Gupta

Attorney at Gupta Wessler PLLC

1900 L Street, Nw, Suite 312

Washington, DC 20036

Andrew Esbenshade

Attorney at Boies Schiller Flexner LLP

725 South Figueroa Street, 31St Floor

Los Angeles, CA 90017

Carl D. Michel Esquire

Attorney at Michel & Associates, P.C.

180 E. Ocean Blvd.

Long Beach, CA 90802

David H. Fry

Attorney at Munger Tolles & Olson, LLP

560 Mission Street, 27Th Floor

San Francisco, CA 94105

Plaintiff / Appellant Attorneys

Alan Gura

Attorney at Gura PLLC

916 Prince Street, Suite 107

Alexandria, VA 22314

Donald Kilmer Jr.

Attorney at The Law Offices of Donald Kilmer

1645 Willow Street, Suite 150

San Jose, CA 95125

Defendant / Appellee Attorney

Anthony R. Hakl

Attorney at AGCA-Office of the California Attorney General

1300 I Street, Suite 125

Sacramento, CA 95814

 

Docket Entries

  • 08/28/2018
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  • (#60) MANDATE ISSUED.(JCW, MMM and JSB) [10992610] (RR) [Entered: 08/28/2018 11:13 AM]

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  • 08/27/2018
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  • (#59) Received letter from the Supreme Court dated 08/20/2018. The application for an extension of time within which to file a petition for a writ of certiorari in the above-entitled case has been presented to The Chief Justice, who on August 20, 2018, extended the time to and including December 31, 2018. [10991614] (RR) [Entered: 08/27/2018 04:31 PM]

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  • 08/03/2018
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  • (#58) FILED OPINION (J. CLIFFORD WALLACE, M. MARGARET MCKEOWN and JAY S. BYBEE) AFFIRMED. Judge: MMM Authoring, Judge: JSB Concurring & dissenting. FILED AND ENTERED JUDGMENT. [10964687] (RMM) [Entered: 08/03/2018 06:40 AM]

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  • 07/31/2018
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  • (#57) Filed order (J. CLIFFORD WALLACE, M. MARGARET MCKEOWN and JAY S. BYBEE): The motion for leave to file an amicus brief by National Shooting Sports Foundation, Inc., and Sporting Arms and Ammunition Manufacturers Institute, Inc. is GRANTED, and the request for judicial notice is DENIED. [10960702] (AF) [Entered: 07/31/2018 10:08 AM]

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  • 03/16/2017
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  • (#56) Filed Audio recording of oral argument. Note: Video recordings of public argument calendars are available on the Court's website, at # http://www.ca9.uscourts.gov/media/ [10362249] (BJK) [Entered: 03/17/2017 05:11 PM]

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  • 03/16/2017
  • (#55) ARGUED AND SUBMITTED TO J. CLIFFORD WALLACE, M. MARGARET MCKEOWN and JAY S. BYBEE. [10359372] (BJK) [Entered: 03/16/2017 12:38 PM]

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  • 01/06/2017
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  • (#54) Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Mr. Alan Gura for Appellants Calguns Foundation, Inc., Dona Croston, Ivan Pena, Second Amendment Foundation, Inc., Brett Thomas and Roy Vargas. [10257244] [15-15449] (Gura, Alan) [Entered: 01/06/2017 12:04 PM]

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  • 01/04/2017
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  • (#53) Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Mr. Anthony R. Hakl for Appellee Stephen Lindley. [10254790] [15-15449] (Hakl, Anthony) [Entered: 01/04/2017 03:29 PM]

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  • 01/04/2017
  • (#52) Notice of Oral Argument on Thursday, March 16, 2017 - 09:00 A.M. - Courtroom 3 - San Francisco CA. View the Oral Argument Calendar for your case # here . Be sure to review the # GUIDELINES for important information about your hearing, including when to arrive (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). When you have reviewed the calendar, download the # ACKNOWLEDGMENT OF HEARING NOTICE form , complete the form, and file it via Appellate ECF or return the completed form to: SAN FRANCISCO Office. [10254362] (AKM) [Entered: 01/04/2017 01:23 PM]

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  • 11/25/2016
  • (#51) This case is being considered for the March 2017 San Francisco oral argument calendar. The exact date of your oral argument has not been determined at this time. The following is a link to the upcoming court sessions: # http://cdn.ca9.uscourts.gov/datastore/uploads/calendar/sitdates_2017.pdf . Please review these upcoming dates immediately to determine if you have any conflicts with them. If you do have conflicts, please inform the Court within 3 days of this notice by sending a letter to the Court using CM/ECF ( Type of Document : File Correspondence to Court; Subject : regarding availability for oral argument). The Court discourages motions to continue after this 3-day period. The clerk's office takes conflict dates into consideration in scheduling oral arguments but cannot guarantee that every request will be honored. Your case will be assigned to a calendar approximately 10 weeks before the scheduled oral argument date. Note that your case will be set for hearing in due course if it is not assigned to this calendar. In addition, if parties would like to discuss settlement before argument is scheduled, they should jointly request a referral to the mediation unit. Such a referral will postpone the calendaring of oral argument. All such requests must be made within 3 days of this notice by sending a letter to the Court using CM/ECF (Type of Document: File Correspondence to Court; Subject: request for mediation). Once the case is calendared, it is unlikely that the court will postpone argument for settlement discussions.[10210412] (AW) [Entered: 11/25/2016 09:33 AM]

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40 More Docket Entries
  • 07/23/2015
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  • (#10) Received 7 paper copies of Opening brief [ # 7 ] filed by appellants. [9620536] (DB) [Entered: 07/23/2015 02:50 PM]

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  • 07/23/2015
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  • (#9) Filed Appellants' paper copies of excerpts of record [ # 7 ] in 2 volume(s). [9620326] (KT) [Entered: 07/23/2015 02:07 PM]

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  • 07/20/2015
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  • (#8) Filed clerk order: The opening brief [ # 7 ] submitted by appellants is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: blue. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the excerpts of record [ # 7 ] submitted by appellants. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [9616081] (KT) [Entered: 07/20/2015 03:42 PM]

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  • 07/20/2015
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  • (#7) Submitted (ECF) Opening Brief and excerpts of record for review. Submitted by Appellants Calguns Foundation, Inc., Dona Croston, Ivan Pena, Second Amendment Foundation, Inc., Brett Thomas and Roy Vargas. Date of service: 07/20/2015. [9615466] [15-15449] (AG) [Entered: 07/20/2015 12:18 PM]

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  • 05/06/2015
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  • (#6) Filed Mediation order: This case is NOT SELECTED for inclusion in the Mediation Program. Counsel may contact circuit mediator to discuss services available through the court's mediation program, to request a settlement assessment conf, or to request a stay of the appeal for settlement purposes. Also, upon agreement of the parties, the brfing sch can be modified or vacated to facilitate settlement discussions. Csl are requested to send copies of this order to their clients. Info regarding the mediation program may be found at www.ca9.uscourts.gov/mediation. [9527414] (CL) [Entered: 05/06/2015 01:18 PM]

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  • 04/02/2015
  • (#5) Streamlined request [4] by Appellants Calguns Foundation, Inc., Dona Croston, Ivan Pena, Second Amendment Foundation, Inc., Brett Thomas and Roy Vargas to extend time to file the brief is approved. Amended briefing schedule: Appellants Calguns Foundation, Inc., Dona Croston, Ivan Pena, Second Amendment Foundation, Inc., Brett Thomas and Roy Vargas opening brief due 07/20/2015. Appellee Stephen Lindley answering brief due 08/19/2015. The optional reply brief is due 14 days from the date of service of the answering brief. [9482083] (TH) [Entered: 04/02/2015 01:57 PM]

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  • 04/02/2015
  • (#4) Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellants Calguns Foundation, Inc., Dona Croston, Ivan Pena, Second Amendment Foundation, Inc., Brett Thomas and Roy Vargas. New requested due date is 07/20/2015. [9481846] [15-15449] (DK) [Entered: 04/02/2015 12:22 PM]

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  • 03/18/2015
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  • (#3) Filed (ECF) Appellants Calguns Foundation, Inc., Dona Croston, Ivan Pena, Second Amendment Foundation, Inc., Brett Thomas and Roy Vargas Mediation Questionnaire. Date of service: 03/18/2015. [9461514] [15-15449] (AG) [Entered: 03/18/2015 08:21 AM]

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  • 03/18/2015
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  • (#2) Filed (ECF) notice of appearance of Alan Gura for Appellants Calguns Foundation, Inc., Dona Croston, Ivan Pena, Second Amendment Foundation, Inc., Brett Thomas and Roy Vargas. Date of service: 03/18/2015. [9461510] [15-15449] (AG) [Entered: 03/18/2015 08:19 AM]

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  • 03/11/2015
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  • (#1) DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 03/18/2015. Transcript ordered by 04/09/2015. Transcript due 05/11/2015. Appellants Calguns Foundation, Inc., Dona Croston, Ivan Pena, Second Amendment Foundation, Inc., Brett Thomas and Roy Vargas opening brief due 06/18/2015. Appellee Stephen Lindley answering brief due 07/20/2015. Appellant's optional reply brief is due 14 days after service of the answering brief. [9454059] (RT) [Entered: 03/11/2015 04:34 PM]

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