Case Details

CourtCentral District of California
Docket number2:16-cv-02572
Date case filed2016-04-14
Date case closed2016-08-05
Date of latest filing2016-08-08
Assigned toJudge Beverly Reid O'Connell
Case cause28:1331 Fed. Question
Nature of suit950 Constitutional - State Statute
Jury demandNone
Demand
JurisdictionFederal Question

Case Parties

Party: Ulises Garcia
Party type: Plaintiff
Attorney name: Bradley A Benbrook
Attorney Contact:
Benbrook Law Group
400 Capital Mall Suite 1610
Sacramento, CA 95814
916-447-4900
Fax: 916-447-4904
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Jordan Gallinger
Party type: Plaintiff
Attorney name: Bradley A Benbrook
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Brian Hill
Party type: Plaintiff
Attorney name: Bradley A Benbrook
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Brooke Hill
Party type: Plaintiff
Attorney name: Bradley A Benbrook
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Craig DeLuz
Party type: Plaintiff
Attorney name: Bradley A Benbrook
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Scott Dipman
Party type: Plaintiff
Attorney name: Bradley A Benbrook
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Albert Duncan
Party type: Plaintiff
Attorney name: Bradley A Benbrook
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Tracey Graham
Party type: Plaintiff
Attorney name: Bradley A Benbrook
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Lisa Jang
Party type: Plaintiff
Attorney name: Bradley A Benbrook
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Dennis Serbu
Party type: Plaintiff
Attorney name: Bradley A Benbrook
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Michael Veredas
Party type: Plaintiff
Attorney name: Bradley A Benbrook
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Firearms Policy Foundation
Party type: Plaintiff
Attorney name: Bradley A Benbrook
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Firearms Policy Coalition
Party type: Plaintiff
Attorney name: Bradley A Benbrook
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Madison Society Foundation
Party type: Plaintiff
Attorney name: Bradley A Benbrook
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: The Calguns Foundation
Party type: Plaintiff
Attorney name: Bradley A Benbrook
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Kamala D. Harris
Party type: Defendant
in her official capacity as Attorney General of California
Attorney name: John D Echeverria
Attorney Contact:
Office of the Attorney General
300 S. Spring Street, Suite 1702
Los Angeles, CA 90013
213-897-4902
Fax: 213-897-5775
Email: [email protected]
ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12016-04-14 Complaint (Attorney Civil Case Opening)COMPLAINT Receipt No: 0973-17646810 - Fee: $400, filed by Plaintiff Michael Veredas, Albert Duncan, Jordan Gallinger, Ulises Garcia, Firearms Policy Coalition, Scott Dipman, Brian Hill, Lisa Jang, Firearms Policy Foundation, Madison Society Foundation, The Calguns Foundation, Tracey Graham, Brooke Hill, Dennis Serbu, Craig DeLuz. (Attorney Bradley A Benbrook added to party Craig DeLuz(pty:pla), Attorney Bradley A Benbrook added to party Scott Dipman(pty:pla), Attorney Bradley A Benbrook added to party Albert Duncan(pty:pla), Attorney Bradley A Benbrook added to party Firearms Policy Coalition(pty:pla), Attorney Bradley A Benbrook added to party Firearms Policy Foundation(pty:pla), Attorney Bradley A Benbrook added to party Jordan Gallinger(pty:pla), Attorney Bradley A Benbrook added to party Ulises Garcia(pty:pla), Attorney Bradley A Benbrook added to party Tracey Graham(pty:bkmov), Attorney Bradley A Benbrook added to party Brian Hill(pty:pla), Attorney Bradley A Benbrook added to party Brooke Hill(pty:pla), Attorney Bradley A Benbrook added to party Lisa Jang(pty:pla), Attorney Bradley A Benbrook added to party Madison Society Foundation(pty:pla), Attorney Bradley A Benbrook added to party Dennis Serbu(pty:pla), Attorney Bradley A Benbrook added to party The Calguns Foundation(pty:pla), Attorney Bradley A Benbrook added to party Michael Veredas(pty:pla))(Benbrook, Bradley) (Entered: 04/14/2016)
22016-04-14 Civil Cover Sheet (CV-71)CIVIL COVER SHEET filed by Plaintiffs Craig DeLuz, Scott Dipman, Albert Duncan, Firearms Policy Coalition, Firearms Policy Foundation, Jordan Gallinger, Ulises Garcia, Brian Hill, Brooke Hill, Lisa Jang, Madison Society Foundation, Dennis Serbu, The Calguns Foundation, Michael Veredas, Movant Tracey Graham. (Benbrook, Bradley) (Entered: 04/14/2016)
32016-04-14 Summons RequestRequest for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),,,,, 1 , Civil Cover Sheet (CV-71), 2 filed by Plaintiff Craig DeLuz, Scott Dipman, Albert Duncan, Firearms Policy Coalition, Firearms Policy Foundation, Jordan Gallinger, Ulises Garcia, Tracey Graham, Brian Hill, Brooke Hill, Lisa Jang, Madison Society Foundation, Dennis Serbu, The Calguns Foundation, Michael Veredas. (Benbrook, Bradley) (Entered: 04/14/2016)
42016-04-18 Notice of Assignment to United States Judges(CV-18) - optional html formNOTICE OF ASSIGNMENT to District Judge Beverly Reid OConnell and Magistrate Judge Alexander F. MacKinnon. (jtil) (Entered: 04/18/2016)
52016-04-18 Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html formNOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) (Entered: 04/18/2016)
62016-04-18 Initial Order upon Filing of Complaint - form onlySTANDING ORDER REGARDING NEWLY ASSIGNED CASES upon filing of the complaint by Judge Beverly Reid O'Connell. (rfi) (Entered: 04/18/2016)
72016-04-18 Notice of Deficiency in Request to Issue Summons - optional html formNOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request, 3 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (jtil) (Entered: 04/18/2016)
82016-04-18 Deficiency in Attorney Case Opening - optional html formNOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (jtil) (Entered: 04/18/2016)
92016-04-18 Certificate/Notice of Interested PartiesNOTICE of Interested Parties filed by Plaintiff Craig DeLuz, Scott Dipman, Albert Duncan, Firearms Policy Coalition, Firearms Policy Foundation, Jordan Gallinger, Ulises Garcia, Tracey Graham, Brian Hill, Brooke Hill, Lisa Jang, Madison Society Foundation, Dennis Serbu, The Calguns Foundation, Michael Veredas, (Benbrook, Bradley) (Entered: 04/18/2016)
102016-04-18 Summons RequestRequest for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),,,,, 1 filed by Plaintiff Craig DeLuz, Scott Dipman, Albert Duncan, Firearms Policy Coalition, Firearms Policy Foundation, Jordan Gallinger, Ulises Garcia, Tracey Graham, Brian Hill, Brooke Hill, Lisa Jang, Madison Society Foundation, Dennis Serbu, The Calguns Foundation, Michael Veredas. (Benbrook, Bradley) (Entered: 04/18/2016)
112016-04-20 Summons Issued (Attorney Civil Case Opening)21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant Kamala D. Harris. (jp) (Entered: 04/20/2016)
122016-04-27 Service of Summons and Complaint Returned Executed (21 days)PROOF OF SERVICE Executed by Plaintiff Michael Veredas, Albert Duncan, Jordan Gallinger, Ulises Garcia, Firearms Policy Coalition, Scott Dipman, Brian Hill, Lisa Jang, Firearms Policy Foundation, Madison Society Foundation, The Calguns Foundation, Tracey Graham, Brooke Hill, Dennis Serbu, Craig DeLuz, upon Defendant All Defendants. Service of the Summons and Complaint were executed upon Christina Hurtado, Person Auth to Accept Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Benbrook, Bradley) (Entered: 04/27/2016)
132016-05-11 STIPULATION Extending Time to Answer the complaint as to Kamala D. Harris answer now due 6/10/2016, filed by Defendant Kamala D. Harris.(Attorney John D Echeverria added to party Kamala D. Harris(pty:dft))(Echeverria, John) (Entered: 05/11/2016)
142016-06-10 NOTICE OF MOTION AND MOTION to Dismiss Complaint filed by Defendant Kamala D. Harris. Motion set for hearing on 8/8/2016 at 01:30 PM before Judge Beverly Reid O'Connell. (Attachments: # 1 Proposed Order) (Echeverria, John) (Entered: 06/10/2016)
14.1 Proposed Order
152016-06-10 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Complaint 14 filed by Defendant Kamala D. Harris. (Echeverria, John) (Entered: 06/10/2016)
162016-07-18 PLAINTIFFS' OPPOSITION To Motion To Dismiss re: NOTICE OF MOTION AND MOTION to Dismiss Complaint 14 filed by Plaintiffs Craig DeLuz, Scott Dipman, Albert Duncan, Firearms Policy Coalition, Firearms Policy Foundation, Jordan Gallinger, Ulises Garcia, Tracey Graham, Brian Hill, Brooke Hill, Lisa Jang, Madison Society Foundation, Dennis Serbu, The Calguns Foundation, Michael Veredas. (Benbrook, Bradley) (Entered: 07/18/2016)
172016-07-18 PLAINTIFFS' OBJECTION To Defendant's Request For Judicial Notice In Support Of Motion To Dismiss re: NOTICE OF MOTION AND MOTION to Dismiss Complaint 14 filed by Plaintiffs Craig DeLuz, Scott Dipman, Albert Duncan, Firearms Policy Coalition, Firearms Policy Foundation, Jordan Gallinger, Ulises Garcia, Tracey Graham, Brian Hill, Brooke Hill, Lisa Jang, Madison Society Foundation, Dennis Serbu, The Calguns Foundation, Michael Veredas. (Benbrook, Bradley) (Entered: 07/18/2016)
182016-07-18 CERTIFICATE OF SERVICE filed by Plaintiff Craig DeLuz, Scott Dipman, Albert Duncan, Firearms Policy Coalition, Firearms Policy Foundation, Jordan Gallinger, Ulises Garcia, Tracey Graham, Brian Hill, Brooke Hill, Lisa Jang, Madison Society Foundation, Dennis Serbu, The Calguns Foundation, Michael Veredas, re Objection/Opposition (Motion related), 16 served on 7/18/2016. (Benbrook, Bradley) (Entered: 07/18/2016)
192016-07-25 REPLY in Further Support of NOTICE OF MOTION AND MOTION to Dismiss Complaint 14 filed by Defendant Kamala D. Harris. (Echeverria, John) (Entered: 07/25/2016)
202016-08-05 ORDER RE DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT 14 by Judge Beverly Reid O'Connell: Plaintiffs' claim that the Retired Peace Officer Exemption is unconstitutional under the Equal Protection Clause cannot be cured by amendment because so long as the government has an interest in protecting retired peace officers, it will survive rational basis scrutiny. Further, as the legislative history of the Act has already been judicially noticed and it includes no evidence of legislative intent to harm civilian California firearm owners, it appears that allowing Plaintiffs to amend the Complaint regarding its claim of improper treatment of a politically unpopular class would also be futile. Accordingly, for the foregoing reasons, Defendant's Motion to Dismiss is GRANTED with prejudice. The hearing scheduled for August 8, 2016, is hereby VACATED. IT IS SO ORDERED. (MD JS-6. Case Terminated) (jloz) (Entered: 08/05/2016)
212016-08-08 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff Ulises Garcia. Appeal of Order on Motion to Dismiss,,, 20 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-18325219.) (Benbrook, Bradley) (Entered: 08/08/2016)
222016-08-09 NOTIFICATION by Circuit Court of Appellate Docket Number 16-56125, 9th Circuit regarding Notice of Appeal to 9th Circuit Court of Appeals 21 as to plaintiffs Ulises Garcia, et., al. (mat) (Entered: 08/09/2016)
232017-05-26 ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals 21 filed by Ulises Garcia. CCA # 16-56125. The parties' stipulated motion for voluntary dismissalof the appeal as to appellant Ulises Garcia only is granted. The appeal shall continue as to the remaining parties. A copy of this order sent to the district court shall act as and for the mandateof this court as to appellant Ulises Garcia only. (mat) (Entered: 05/30/2017)