Pena et al v. Cid

Filing 78

ORDER signed by Judge Kimberly J. Mueller on 12/17/2013 ORDERING the parties to file a stipulation, within fourteen (14) days, as to how many of the 1,273 handguns on the roster contained in Exhibit A of 59 Declaration of Stephen Lindley are semiau tomatics, how many of these semiautomatics are center fire and how many are rimfire, and how many of these semiautomatics are grandfathered and not subject to the Unsafe Handgun Act's microstamping requirement; ALTERNATIVELY ORDERING the parties to file separate responses not to exceed two (2) pages, within fourteen (14) days, explaining why they are unable to reach a stipulation. (Michel, G)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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IVAN PENA, et al.,

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Plaintiffs,

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No. 2:09-cv-01185-KJM-CKD

v.

ORDER

STEPHEN LINDLEY, Chief of the
California Department of Justice Bureau of
Firearms,

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Defendant.

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On December 16, 2013, the court held a hearing on the pending cross-motions for

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summary judgment in this case. At hearing, the parties offered, if directed by the court, to file a

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stipulation clarifying a statistic in the record concerning the number of certain types of handguns

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rostered under California’s Unsafe Handgun Act (UHA), contained in part at California Penal

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Code § 32000. The court now orders the parties to file a stipulation as to the following evidence:

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1. How many of the 1,273 handguns on the roster contained in Exhibit A of Stephen
Lindley’s Declaration are semiautomatics? (See ECF 59.)

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2. How many of these semiautomatics are center fire and how many rimfire?

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3. How many of these semiautomatics are grandfathered and not subject to the
UHA’s microstamping requirement?

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If the parties are unable to stipulate as to any of the above, they shall file separate responses not to

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exceed two pages each explaining why they are unable to reach a stipulation. The parties shall

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file their response(s) within fourteen days of the date of this order.

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IT IS SO ORDERED.
DATE: December 17, 2013.

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UNITED STATES DISTRICT JUDGE

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