McDougall, et al. v. County of Ventura, CA, et al.

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:

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hearing re the motion for preliminary injunction [20] re gun store closure, currently set for May 19, 2020, is hereby withdrawn and take off calendar.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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McDougall, et al. v. County of Ventura, CA, et al.

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