Richards et al v. Harris et al

Filing 8

***Deadlines terminated. 2 Notice (Other) filed by The Calguns Foundation, Inc., The Second Amendment Foundation, Inc., Brendan John Richards, 5 Notice (Other) filed by The Calguns Foundation, Inc., The Second Amendment Foundation, Inc., Brendan John Richards, 7 Order Relating Case., ORDER Re: Related Case by Calguns Foundation (tfS, COURT STAFF) (Filed on 12/21/2011)

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Donald E.J. Kilmer, Jr. (SBN: 179986)
LAW OFFICES OF DONALD KILMER, A.P.C.
1645 Willow Street, Suite 150
San Jose, California 95125-5120
Voice: [phone]
Fax: [phone]
Email: [e-mail]

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Jason A. Davis (SBN: 224250)
Davis & Associates
27281 Las Ramblas, Suite 200
Mission Viejo, CA 92691
Voice: [phone]
Fax: [phone]
E-Mail: [e-mail]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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MARK AARON HAYNIE,
BRENDAN JOHN RICHARDS, THE
CALGUNS FOUNDATION, INC.,
and THE SECOND AMENDMENT
FOUNDATION, INC.,

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Plaintiffs,

Case No.:

3:10-CV-01255 SI1
3:11-CV-02493 SI

STIPULATION and JOINT
ADMINISTRATIVE MOTION TO
CONSIDER WHETHER CASES
SHOULD BE RELATED
ND CA Rule 7-11
ND CA Rule 3-12(b)

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vs.
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KAMALA HARRIS, Attorney General
of California (in her official capacity)
and CALIFORNIA DEPARTMENT
OF JUSTICE, CITY OF ROHNERT
PARK, OFFICER DEAN BECKER
(RP134) and DOES 1 TO 20,

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Proposed Related Case:
Richards, et al v. Harris, et al.
Case No.: 3:11-CV-05580 LB
Filed November 17, 2011

Defendants.

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Haynie v. Harris, Case No.: 3:10-CV-01255 SI was ordered consolidated with Richards
v. Harris, Case No.: 3:11-CV-02493 SI, in an ordered filed on October 22, 2011. (See Documents
# 42 and #15 respectively.)
Stipulation/Order: Related Case

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Haynie v. Harris

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IT IS HEREBY STIPULATED by and between the parties hereto through

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their respective attorneys of record that a subsequent case is and ought to be related

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to this action.

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The subsequent case is Richards, et al., v. Harris, et al., Case No.: CV-11-5580

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LB. The case was filed on November 17, 2011. A true and correct copy of the

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Complaint without exhibits is attached. A Notice of Related Case was also filed in

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the subsequent case.

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The case sought to be related sets forth similar issues of law and fact set forth

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in the consolidated Second Amended Complaint in the current action. The only

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substantial difference would be the addition of Defendants: SONOMA COUNTY

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SHERIFFS’ OFFICE and SHERIFFS’ DEPUTY GREG MYERS.

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The Defendants, by and through undersigned counsel stipulate that the cases
are related pursuant to Local Rule 3-12.
The Plaintiffs, by and through undersigned counsel stipulate that the cases
are related pursuant to Local Rule 3-12.
A Case Management Conference is currently scheduled in the current matter

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for January 13, 2012 at 3:00 p.m. in Courtroom 10, 19th Floor, San Francisco. The

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parties herein respectfully suggest that the Court reset this conference to date in

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February, 2012.

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SO STIPULATED.

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Date: December 16, 2011

Date: December 16, 2011

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/s/
Ross Moody,
Counsel for Defendants
Harris & California Dept. of Justice

/s/
Donald Kilmer
Counsel for Plaintiffs

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Date: December 16, 2011

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/s/
Robert W. Henkels
County for Defendants
City of Rohnert Park & Becker

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Stipulation/Order: Related Case

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Haynie v. Harris

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ATTESTATION FOR COMPLIANCE WITH GENERAL ORDER 45 AND
LOCAL RULE VIII.B.
I, Donald Kilmer, declare under penalty of perjury under the laws of California
and the United States that I have in my possession e-mail correspondence from Ross
Moody and Robert Henkels that the content of this document is acceptable to all
persons required to sign the document. I declare that this document was signed in
San Jose, CA on December 16, 2011

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/s/
Donald Kilmer
Attorney for Plaintiffs

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FINDINGS AND ORDER

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Pursuant to the stipulation of the parties and a review of the Complaint in
LAW OFFICE OF DONALD KILMER, APC
1645 Willow St., Suite 150, San Jose, CA 95125
Vc: [phone] Fx: [phone]
[e-mail]

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Richards v. Harris, Case No.: CV 11-05580 LB, and the Amended Consolidated
Complaint in this action, this Court finds that the matters are related under Local

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Rule 3-12.
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The Clerk of the Court is directed to reassign Richards v. Harris, Case No.: CV

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11-05580 LB to the same docket as Haynie v. Harris, Case No.: CV 10-1255 SI and
Richards v. Harris, Case No.: CV-11-02493. All deadlines in the second Richards
case are vacated and an Initial Case Management Conference is to be combined with

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the currently scheduled Case Management Conference in this matter set for
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January 13, 2012 at 3:00 p.m. in Courtroom 10, 19th Floor, San Francisco.

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Plaintiffs are directed to serve a copy of this Stipulation and Order on the
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remaining Defendants in Richards v. Harris, Case Number: 3:11-CV-05580 LB (the
second Richards case).
Date:

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12/19/11

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United States District Judge
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Stipulation/Order: Related Case

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Haynie v. Harris