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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: Donald McDougall; Juliana Garcia; Second Amendment Foundation; California Gun Rights Foundation; Firearms Policy Coalition

Defendants: County of Ventura, California; Ventura County Sheriff Bill Ayub; 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; FPC Director of Legal Strategy Adam Kraut 


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Key Events & Filings

  • 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hearing re the motion for preliminary injunction [20] re gun store closure, currently set for May 19, 2020, is hereby withdrawn and take off calendar.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
  • 2020-5-11: ORDER by Judge Consuelo B. Marshall, re Stipulation for Extension of Time to File Response/Reply. Having reviewed the stipulation of the parties and good cause appearing thereon, the hearing on defendants, County of Ventura, Sheriff William Ayub, Dr. Robert Levin and Director William Foley (collectively Defendants), motion to dismiss the First Amended Complaint (MTD) shall take place on June 30, 2020, at 10:00 a.m. The time for Defendants to respond to the First Amended Complaint shall be 28 days before the date set for the hearing on the MTD in accordance with Local Rule 6-1. Plaintiffs, Donald McDougall, Juliana Garcia, Second Amendment Foundation, California Gun Rights Foundation and Firearms Policy Coalition, Inc., opposition to the MTD shall be filed on or before 21 days before the date set for the hearing on the MTD in accordance with Local Rule 7-9. Any reply filed by Defendants shall be due on or before 14 days before the date set for the hearing in accordance with Local Rule 7-10. (shb) (Entered: 05/12/2020)
  • 2020-5-11: SCHEDULING NOTICE by Judge Consuelo B. Marshall. The Court sets a telephonic hearing on the preliminary injunction on Tuesday, May 19, 2020 at 10:00 a.m.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY (Entered: 05/11/2020)
  • 2020-5-5: Opposition to MPI; RJN in Support of OppositionObjections 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
  • 2020-4-27: MINUTE IN CHAMBERS SCHEDULING ORDER RE DKT NOS. 20 AND 27 by Judge Consuelo B. Marshall: The Court GRANTS Plaintiff's request for an expedited hearing. The Court vacates the July 28, 2020 hearing date for the motion for preliminary injunction. (Dkt No. 25). Pursuant to Local Rule 65-1, the Court sets the hearing on the motion for preliminary injunction for May 19, 2020 at 10:00 a.m. Defendant's must file an opposition on or before May 5, 2020. Plaintiffs may file a reply on or before May 12, 2020. Defendants are hereby ordered to file an opposition addressing their position regarding Plaintiff's second ex parte application for a temporary restraining order. (shb)
  • 2020-4-24: Motion for Temporary Restraining Order and OSC re: Preliminary Injunction; Brief in Support of TRO
  • 2020-4-22: ORDER CONTINUING BRIEFING SCHEDULE AND HEARING ON PLAINTIFFS MOTION FOR [24]PRELIMINARY INJUNCTION by Judge Consuelo B. Marshall: Having reviewed the stipulation of the parties and good cause appearing thereon, the hearing on plaintiffs, Donald McDougall, Juliana Garcia, Second Amendment Foundation, California Gun Rights Foundation, and Firearms Policy Coalition, Inc., motion for preliminary injunction shall take place on July 28, 2020, at 10:00 a.m. Defendants, County of Ventura, Sheriff William Ayub, Dr. Robert Levin and Director William T. Foley are directed to file any opposition to the motion for preliminary injunction in accordance with Local Rule 7-9. (shb)
  • 2020-4-14: Motion for Preliminary Injunction (includes Memorandum of Points and Authorities, Declarations, and Exhibits in Support)
  • 2020-4-14: First Amended Complaint

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