Summary: Federal 42 U.S.C. Section 1983 lawsuit challenging the County of Ventura defendants' orders and actions (1) preventing people from buying guns and ammunition, and (2) forced closures of firearm and ammunition retailers and shooting ranges upon threat of prosecution, that violate the Second and Fourteenth Amendments
Plaintiffs: Kelly Ann Chakov McDougall; Juliana Garcia; Second Amendment Foundation; California Gun Rights Foundation; Firearms Policy Coalition
Defendants: County of Ventura, California; Ventura County Sheriff James Fryhoff; William T. Foley, Director of the Ventura County Public Health Care Agency; Robert Levin, the Public Health Medical Director and Health Officer for Defendant County of Ventura; Ventura County Public Health Care Agency
Litigation Counsel: Ronda Baldwin-Kennedy; Jerome A. Clay; Raymond DiGuiseppe
Docket: C.D. CA case no. 2:20-cv-02927, Ninth Circuit case nos. 20-56220 and 23-55754 | CourtListener Docket
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Key Events & Filings:
Court of Appeals
- 2024-1-31: Order
- 2024-1-29: Stipulated Motion to Voluntarily Dismiss Appeal
District Court
- 2023-8-29: Notice of Appeal
- 2023-8-15: Amended Judgment
- 2023-7-31: Order Re: Motion to Dismiss Plaintiffs’ First Amended Complaint
- 2022-9-12: Plaintiffs’ Brief Regarding Further Proceedings Following Reversal and Remand
- 2022-9-12: Defendants' Brief
- 2022-6-30: Joint Status Report Regarding Status of Appeal
Court of Appeals
- 2022-6-29: Order Vacating and Remanding Case
- 2022-6-6: 28(j) Letter
- 2022-5-10: ORDER: Oral argument in this en banc case will be held at 10:00 a.m. on Wednesday, June 22, 2022.
- 2022-3-8: Order Taking Case En Banc
- 2022-2-22: Order
- 2022-1-20: Opinion
- 2021-10-18: Oral arguments
- 2021-8-8: Notice of Oral Argument on Monday, October 18, 2021 - 09:00 A.M. - Courtroom 3 - Scheduled Location: Pasadena CA.
- 2021-4-26: Appellants' Reply Brief
- 2021-4-5: Appellees' Answering Brief
- 2021-3-4: Appellants’ Opening Brief
District Court
- 2020-10-22: Motion to Dismiss granted, with prejudice.
- 2020-6-30: Hearing on Defendants' Motion to Dismiss, 10 a.m.
- 2020-6-16: Defendants' Motion to Dismiss Reply Due
- 2020-6-9: Plaintiffs' Opposition to Motion to Dismiss Due
- 2020-6-2: Defendants' Motion to Dismiss; Declaration ISO MTD; RJN ISO MTD; Proposed Order
- 2020-5-18: MINUTES IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Consuelo B. Marshall withdrawing [20] MOTION for Preliminary Injunction: Counsel are hereby notified that pursuant to the Judge's directive, the Plaintiff's notice of withdrawal of motion [40] is granted. The telephonic hearing re the motion for preliminary injunction [20] re gun store closure, currently set for May 19, 2020, is hereby withdrawn and take off calendar. (bm)
- 2020-5-13: Defendants Notice of New Order: “With the elimination of the essential business model in the local the gun stores may fully open to the public provided they implement and register site-specific prevention plans as described www.vcreopens.com.” (Exh. C, County of Ventura, VC Emergency Coronavirus Information, Frequently Asked Questions, p. 8, available at https://www.vcemergency.com/staywellvc/faqs-general (last visited May 12, 2020), italics added.)
health order, and reliance on the State health order model for critical
infrastructure, the Sheriff and local health officer have determined that - 2020-5-12: Plaintiffs' Reply in Support of Preliminary Injunction; Exhibit 1; Exhibit 2; Exhibit 3
- 2020-5-5: Opposition to MPI; RJN in Support of Opposition; Objections to Evidence
- 2020-4-30: Order Denying Second Motion for TRO
- 2020-4-30: MINUTES IN CHAMBERS - ORDER RE PLAINTIFFS' SECOND EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER, by Judge Consuelo B. Marshall: The Court DENIES the TRO and GRANTS the order to show cause why this TRO should not issue, in accordance with Local Rule 65-1. The Court consolidates the hearings on the orders to show cause why the temporary restraining orders should not issue and Plaintiffs motion for a preliminary injunction, per the Courts scheduling order dated April 27, 2020. (See Dkt. No. 28.) The Court will consider evidence from both parties supporting their positions at the expedited hearing for the issuance of a preliminary injunction. See order for further details. (shb)
- 2020-4-28: Defendants' Opposition to Second TRO; Request for Judicial Notice re Second TRO; Declaration of Charmaine Buehner in Support of Opposition
- 2020-4-24: Motion for Temporary Restraining Order and OSC re: Preliminary Injunction; Brief in Support of TRO
- 2020-4-14: Motion for Preliminary Injunction (includes Memorandum of Points and Authorities, Declarations, and Exhibits in Support)
- 2020-4-14: First Amended Complaint
Related News Releases
- 2022-1-20: FPC Law Wins Two Ninth Circuit Cases Challenging Los Angeles, Ventura COVID Closures
- 2021-4-26: FPC Files Reply Brief in Lawsuit Challenging Ventura County Gun Store Closures Caused By COVID-19 Orders
- 2021-3-5: FPC Fires First in Two Ninth Circuit Appeals Challenging Gun Store, Shooting Range COVID-19 Closures in Los Angeles and Ventura Counties
- 2020-5-15: BREAKING: Ventura County Caves in Face of Injunction Hearing, Re-Opens Firearm and Ammunition Retailers
- 2020-4-15: BREAKING: Second Amendment Groups Seek Injunction Against Ventura County Ban That Shut Down Gun and Ammo Sales, Shuttered Firearm Retailers
- 2020-4-15: FPC, SAF, CGF join Ventura County lawsuit, add defendants, claims
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