Linton v. Calif. Attorney General Rob Bonta

Summary: Lawsuit challenging California’s laws and policies that deny Second Amendment rights to peaceable people whose rights should have been fully restored after their non-violent felony convictions in other states were vacated and nullified.

Plaintiffs: Chad Linton, Paul McKinley Stewart, Kendall Jones; Firearms Policy Foundation, Firearms Policy Coalition, Second Amendment Foundation, The Calguns Foundation, and Madison Society Foundation

Defendants: Attorney General Rob Bonta and Acting DOJ Bureau of Firearms Chief Brent Orick

Litigation Counsel: George M. Lee, Seiler Epstein Ziegler & Applegate LLP

Docket: N.D. CA case no. 3:18-cv-07653 | CourtListener Docket

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Key Filings & Events:

2024-3-21: Statement of Fact of Death
2024-2-28: Order Re Summary Judgment
2023-6-9: Statement of Recent Decision
2023-6-8: Statement of Recent Decision/Supplementary Material
2023-4-18: Defendants’ Memorandum in Response to Order Requesting Briefing
2023-4-18: Plaintiffs’ Brief in Response to Court Questions
2023-3-24: Order Re Hearing
2023-2-3: Statement of Recent Decision/Supplementary Material
2022-10-11: Plaintiffs’ Reply Memorandum in Support of Motion for Summary Judgment, or in the Alternative, for Partial Summary Judgment
2022-9-26: Defendants’ Opposition to Plaintiffs’ Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment
2022-8-26: Plaintiffs’ Motion for Summary Judgment, or in the Alternative, for Partial Summary Judgment
2022-6-30: ORDER. The stay is lifted. The parties are directed to file new summary judgment motion papers in lieu of supplement briefs, and should account for new cases published after the prior briefs were filed.
2022-6-28: Plaintiffs’ Administrative Motion to Lift Stay, And to Permit Supplemental Briefing on Plaintiffs’ Motion for Summary Judgment
2022-1-3: ORDER. The stay is continued pending final disposition of the petition for writ of certiorari in Duncan v. Bonta. The parties are directed to promptly advise the Court of the disposition of the case.
2021-12-28: Joint Status Report
2021-3-5: ORDER. The motion for summary judgment, Dkt. No. 47, is administratively terminated, and the case is stayed and administratively closed pending further order. The Ninth Circuit recently vacated the panel opinion in Duncan v. Becerra, 970 F.3d 1133 (9th Cir. 2020), and voted to re-hear the case en banc. The panel's majority and dissenting opinions both addressed standards central to plaintiffs' Second Amendment arguments, and the majority opinion was discussed in detail in plaintiffs' reply brief. Consequently, there is a strong possibility that the outcome of the summary judgment motion will be affected by the result of the en banc proceedings, and so deferring a decision on the motion is warranted. The parties are directed to file a joint status report within thirty days of the en banc decision that addresses whether it warrants new or additional briefing.
2020-9-21: Plaintiffs' Reply Memorandum in Support of Motion for Summary Judgment, or In The Alternative, For Partial Summary Judgment
2020-8-21: Defendants' Opposition to Plaintiffs Motion for Summary Judgment or, In the Alternative, For Partial Summary Judgment
2020-6-22: Plaintiffs’ Notice of Motion and Motion For Summary Judgment, or In The Alternative, For Partial Summary Judgment
2019-12-16: Defendants' Answer to First Amended Complaint
2019-12-2: First Amended Complaint
2019-12-2: Order: "Plaintiffs' motion for leave to file an amended complaint is granted..."
2019-11-15: Motion for Leave to File First Amended Complaint; Declaration of George Lee in Support of Motion; Proposed Order
2019-8-22: Minute Order Terminating Motion to Dismiss (Filed 8/23/19)
2019-8-22: Hearing on Motion to Dismiss
2019-3-22: Defendants' Reply in support of Motion to Dismiss
2019-3-12: Plaintiffs' Opposition to Motion to Dismiss
2019-3-8: Plaintiffs' Request for Judicial Notice ISO Opposition to Motion to Dismiss
2019-2-22: Defendants' Motion to Dismiss
2018-12-20: Complaint with exhibits

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