Tracy Rifle and Pistol LLC, et al. v. Harris, et al.

Filing 20

ORDER regarding joinder of additional plaintiffs signed by District Judge Troy L. Nunley on 2/23/15. Imbert & Smithers, Inc., and Alex Rolsky may join this action as Plaintiffs pursuant to Federal Rule of Civil Procedure 20(a)(1). The joinder of Imbert & Smithers and Alex Rosky as Plaintiffs does not require modification of the hearing schedule on Plaintiffs' motion for preliminary injunction, which is set for hearing on 3/12/2015. Plaintiffs are directed to file an amended complaint within five days of this order. Upon the filing of the amended complaint, Imbert & Smithers, Inc., and Alex Rolsky will be joined in the pending Motion for Preliminary Injunction that Plaintiffs filed on 11/17/2014. Imbert & Smithers, Inc., and Alex Rolsky ADDED as plaintiffs to this action. (Kastilahn, A)

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BENBROOK LAW GROUP, PC
BRADLEY A. BENBROOK (SBN 177786)
STEPHEN M. DUVERNAY (SBN 250957)
400 Capitol Mall, Suite 1610
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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EUGENE VOLOKH (SBN 194464)
UCLA School of Law
405 Hilgard Ave.
Los Angeles, CA 90095
Telephone: [phone]
Facsimile: [phone]
[e-mail]

KAMALA D. HARRIS, State Bar No.
146672
Attorney General of California
TAMAR PACHTER, State Bar No.
146083
Supervising Deputy Attorney General
NELSON R. RICHARDS, State Bar No.
246996
Deputy Attorney General
455 Golden Gate Avenue, Suite
11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants

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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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TRACY RIFLE AND PISTOL LLC;
MICHAEL BARYLA; TEN PERCENT
FIREARMS; WESLEY MORRIS;
SACRAMENTO BLACK RIFLE, INC.;
ROBERT ADAMS; PRK ARMS, INC.; and
JEFFREY MULLEN,

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2:14-cv-02626-TLN-DAD

STIPULATION AND ORDER
REGARDING JOINDER OF
ADDITIONAL PLAINTIFFS

Plaintiffs,
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v.

Judge:
Hon. Troy L. Nunley
Action Filed: Nov. 10, 2014

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KAMALA D. HARRIS, in her official capacity
as Attorney General of California; AND
STEPHEN J. LINDLEY, in his official
capacity as Chief of the California Department
of Justice Bureau of Firearms,

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Defendants.

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Stipulation and Order Regarding Joinder (2:14-cv-02626-TLN-DAD)

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Plaintiffs and Defendants submit the following stipulation requesting the Court permit

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Imbert & Smithers, Inc. and Alex Rolsky to join this action as Plaintiffs pursuant to Federal Rule

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of Civil Procedure 20(a)(1).

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WHEREAS Plaintiffs filed this action on November 10, 2014 challenging the
constitutionality of California Penal Code section 26820.
WHEREAS Imbert & Smithers, Inc. is a California corporation that operates a firearms

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dealership in San Carlos, California, and is listed as a firearms dealer in the California

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Department of Justice’s Centralized List of Firearms Dealers.

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WHEREAS Alex Rolsky is the individual licensee associated with Imbert & Smithers;
WHEREAS on January 28, 2015, the DOJ Bureau of Firearms inspected Imbert & Smithers.

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At the time of the inspection, the building’s exterior displayed the dealership’s logo, which

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incorporates the outline of a single-action revolver.

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WHEREAS the Bureau of Firearms issued a “Notification of Inspection Findings” citing

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Imbert & Smithers and Rolsky for, among other things, violating Section 26820, and requiring

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them to take corrective action by July 28, 2015.

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WHEREAS the parties agree that Imbert & Smithers and Rolsky meet the requirements for

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permissive joinder of plaintiffs set forth in Federal Rule of Civil Procedure 20(a)(1), and should

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be joined as plaintiffs in this action. Specifically, Imbert & Smithers and Rolsky will assert the

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same right to declaratory and injunctive relief as Plaintiffs arising out of Defendants’ enforcement

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of Penal Code section 26820, and the overriding question concerning the constitutionality of

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Section 26820 is common to the resolution of the claims of Plaintiffs, Imbert & Smithers, and

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Rolsky.

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WHEREAS the joinder of Imbert & Smithers and Rolsky in this action will promote

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judicial economy by permitting related claims for relief to be tried in a single proceeding, thereby

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avoiding multiple trials involving identical issues.

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WHEREAS the parties agree that the joinder of Imbert & Smithers and Rolsky in this action

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does not require modification of the hearing schedule for Plaintiffs’ motion for preliminary

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injunction, and specifically request that the Court leave in place the current briefing schedule and
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Stipulation and Order Regarding Joinder (2:14-cv-02626-TLN-DAD)

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hearing date.

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IT IS HEREBY STIPULATED by and between:

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Plaintiffs Tracy Rifle and Pistol LLC, Michael Baryla, Ten Percent Firearms; Wesley

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Morris; Sacramento Black Rifle, Inc., Robert Adams; PRK Arms, Inc., and Jeffrey Mullen and

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Defendants Kamala D. Harris, in her official capacity as the Attorney General of California, and

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Stephen J. Lindley, in his official capacity as the Chief of the California Department of Justice

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Bureau of Firearms, that the Court should:

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Permit Imbert & Smithers, Inc. and Alex Rolsky to join this action as Plaintiffs

pursuant to Federal Rule of Civil Procedure 20(a)(1);
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Enter an order filing or allowing Plaintiffs to file their First Amended Complaint for

Declaratory, Injunctive, or Other Relief, which is attached as Exhibit A;
3.

Permit Imbert & Smithers, Inc. and Alex Rolsky to join in the pending Motion for

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Preliminary Injunction that Plaintiffs filed on November 17, 2014, upon the filing of the First

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Amended Complaint.

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Dated: February 13, 2015

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KAMALA D. HARRIS
Attorney General of California

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__/s/ Nelson R. Richards__________
NELSON R. RICHARDS
DEPUTY ATTORNEY GENERAL
Attorneys for Defendants

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Dated: February 13, 2015

BENBROOK LAW GROUP, PC

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_/s/ Bradley A. Benbrook___________
BRADLEY A. BENBROOK
Attorneys for Plaintiffs

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Stipulation and Order Regarding Joinder (2:14-cv-02626-TLN-DAD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TRACY RIFLE AND PISTOL LLC;
MICHAEL BARYLA; TEN PERCENT
FIREARMS; WESLEY MORRIS;
SACRAMENTO BLACK RIFLE, INC.;
ROBERT ADAMS; PRK ARMS, INC.; and
JEFFREY MULLEN,
Plaintiffs,
v.

2:14-cv-02626-TLN-DAD

[PROPOSED] ORDER REGARDING
JOINDER OF ADDITIONAL
PLAINTIFFS

KAMALA D. HARRIS, in her official capacity
as Attorney General of California; AND
STEPHEN J. LINDLEY, in his official
capacity as Chief of the California Department
of Justice Bureau of Firearms,
Defendants.

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Upon Consideration of the Parties’ Stipulation Regarding Joinder of Imbert & Smithers,

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Inc. and Alex Rolsky to this action, the Court finds that the conditions for permissive joinder set

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forth in Federal Rule of Civil Procedure 20(a)(1), are satisfied.

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IT IS HEREBY ORDERED THAT:

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1.

Imbert & Smithers, Inc. and Alex Rolsky may join this action as Plaintiffs pursuant to

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Federal Rule of Civil Procedure 20(a)(1). The joinder of Imbert & Smithers and Alex Rosky as

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Plaintiffs does not require modification of the hearing schedule on Plaintiffs’ motion for

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preliminary injunction, which is set for hearing on March 12, 2015.

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2.

Plaintiffs are directed to file an amended complaint within 5 days of this order.

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3.

Upon the filing of the amended complaint, Imbert & Smithers, Inc. and Alex Rolsky

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will be joined in the pending Motion for Preliminary Injunction that Plaintiffs filed on November

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17, 2014.

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IT IS SO ORDERED.
Dated: February 23, 2015

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Troy L. Nunley
United States District Judge
Order Regarding Joinder (2:14-cv-02626-TLN-DAD)