Summary: Federal 42 U.S.C. Section 1983 lawsuit challenging various Bay Area Orders, actions, and closures of firearm and ammunition retailers and shooting ranges upon threat of prosecution, etc. that violate the Second and Fourteenth Amendments
Plaintiffs: Janice Altman, an individual; Ryan Goodrich, an individual; Albert Lee Swann, an individual; Roman Kaplan, an individual; Yan Traytel, an individual; Dmitri Danilevsky, an individual; Greg David, an individual; City Arms East LLC; City Arms LLC; Cuckoo Collectibles LLC d.b.a Eddy’s Shooting Sports; Second Amendment Foundation; California Gun Rights Foundation; National Rifle Association of America; California Association of Federal Firearms Licensees, Inc.; and Firearms Policy Coalition, Inc.
Defendants: County of Santa Clara, California; Laurie Smith, in her capacity as Sheriff of The County of Santa Clara; Jeffrey Rosen, in his official capacity as Santa Clara County District Attorney; Sara Cody, in her official capacity as Santa Clara County Health Officer; City of San Jose, California; Sam Liccardo, in his official capacity as Mayor of San Jose; Edgardo Garcia, in his official capacity as Chief of Police for the City of San Jose; City of Mountain View, California; Max Bosel, in his official capacity as The Chief of Police for the City of Mountain View; County of Alameda, California; Gregory Ahern, in his capacity as Sheriff of The County of Alameda; Erica Pan, in her capacity as Health Officer of The County of Alameda; County of San Mateo, California; Carlos Bolanos, in his capacity as Sheriff of The County of San Mateo; Scott Morrow in his capacity as San Mateo County Health Officer; City of Pacifica, California; Dan Steidle, in his official capacity as The Chief of Police for the City of Pacifica; County of Contra Costa, California; David Livingston, in his capacity as Sheriff of The County of Contra Costa; Chris Farnitano, in his capacity as Health Officer of Contra Costa County; City of Pleasant Hill, California; Bryan Hill in his official capacity as Chief of Police for the City of Pleasant Hill
Litigation Counsel: George M. Lee; Raymond DiGuiseppe; FPC Director of Legal Strategy Adam Kraut
Docket: N.D. CA case no. 4:20-cv-02180, Ninth Circuit case no. 21-15602 | CourtListener Docket
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Key Events & Filings
- 2023-1-4: Amended Opinion
- 2022-12-28: Letter
- 2022-12-12: Opinion
- 2022-11-15: Oral Arguments
- 2022-7-6: 28(j) Letter
- 2022-3-8: Order Holding Appeal
- 2022-1-21: 28(j) Letter
- 2021-12-31: Appellants' Reply Brief
- 2021-11-12: Appellees' Answering Brief
- 2021-8-11: Appellants' Opening Brief
- 2021-4-2: Notice of Appeal
- 2021-3-24: Order Granting Joint Motion to Dismiss Alameda County Defendants
- 2021-1-19: Answer to Amended Complaint
- 2020-11-30: Order Granting in Part and Denying in Part Motion to Dismiss
- 2020-7-22: Reply in Support of Motion to Dismiss
- 2020-7-15: Opposition to Motion to Dismiss
- 2020-7-1: Motion to Dismiss
- 2020-6-2: Order Denying Preliminary Injunction
- 2020-5-29: Plaintiffs Supplemental Reply Brief ISO MPI; Supp. Decl. of Roman Kaplan
- 2020-5-27: Defendants' RJN ISO of Opposition to Plaintiffs' Supplemental Brief ISO MPI
- 2020-5-27: Defendants' Opposition to Plaintiffs' Supplemental Brief ISO MPI
- 2020-5-22: Plaintiffs' Supplemental Brief in Support of MPI
- 2020-5-20: Hearing on MPI; Minutes and Order for Supplemental Briefing
- 2020-5-19: CLERK'S NOTICE REGARDING MAY 20, 2020 HEARING. This link is for public use only; the parties will receive personal invites to attend the hearing. Please use the options below to access the hearing. Important: Any recording of a court proceeding held by video or teleconference, including screen-shots or other visual copying of a hearing, is absolutely prohibited. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Zoom webinar: When: May 20, 2020 02:00 PM Pacific Time (US and Canada) Topic: Altman et al v. County of Santa Clara et al Please click the link below to join the webinar: https://us02web.zoom.us/j/85710616565?pwd=UlFvaTRiSWNKWCtkeGpFV0RMc3NTdz09 Password: 029287 Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 301 715 8592 or +1 312 626 6799 or +1 346 248 7799 or +1 669 900 6833 or +1 929 205 6099 or +1 253 215 8782 Webinar ID: 857 1061 6565 Password: 029287 (This is a text-only entry generated by the court. There is no document associated with this entry.) (mllS, COURT STAFF) (Filed on 5/19/2020) (Entered: 05/19/2020)
- 2020-5-8: Plaintiffs' Reply in Support of Motion for Preliminary Injunction
- 2020-5-1: Defendants' Opposition to Plaintiffs' Motion for Preliminary Injunction; Defendants' Request for Judicial Notice ISO Opposition
- 2020-4-21: Order by Judge Jon S. Tigar granting [42] Stipulation. A single consolidated opposition brief is due at 5 p.m. May 1, 2020. Plaintiffs' reply brief is due at 5 p.m. May 8, 2020. The hearing on Plaintiffs' motion for preliminary injunction, ECF No. 20, is continued to May 20, 2020. Signed by Judge Jon S. Tigar on April 21, 2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jstlc1S, COURT STAFF) (Filed on 4/21/2020)
- 2020-4-10: ORDER DENYING TEMPORARY RESTRAINING ORDER; SCHEDULING ORDER RE APPLICATION FOR PRELIMINARY INJUNCTION. Defendants' opposition is due April 24, 2020 at 5:00 p.m. Plaintiffs' reply is due May 1, 2020 at 5:00 p.m. A hearing will be held on May 13, 2020 at 2:00 p.m. Signed by Judge Jon S. Tigar on April 10, 2020. (jstlc1S, COURT STAFF) (Filed on 4/10/2020)
- 2020-4-10: Application for Temporary Restraining Order or, in the Alternative, Motion for Preliminary Injunction; Memorandum of Points and Authorities in Support; Declarations and Exhibits in Support
- 2020-4-10: First Amended Complaint
- 2020-3-31: Complaint
Related News Releases
- 2020-4-10: BREAKING: Restraining Order, Injunction Sought Against Bay Area Counties, Government Officials Over Stay-Home Orders Banning Gun, Ammunition Sales
- 2020-3-31: Bay Area Governments, Officials Sued Over Gun Store, Range Bans by Coalition of Second Amendment Groups, Individuals, Retailers Including SAF, CGF, NRA, and FPC
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