Carlos Nino De Rivera LaJous, et al v. Bruning et al
Filing
29
ORDER AND FINAL JUDGMENT adopting 28 Stipulation - For the reasons set forth in the Court's Order on Motion to Dismiss of August 30,2013 (Filing No. 22 ), a. Count I of Plaintiffs' Complaint is dismissed with prejudice. b. Plaintiff s' claims against the Nebraska Attorney General are dismissed withprejudice. c. Count III of Plaintiffs' Complaint is voluntarily dismissed pursuant to F.R.Civ.P. 41(a)(1)(A)(ii). Pursuant to Plaintiffs' as-applied Fourteenth Amendmen t Equal Protection claim in Count II, Defendant is permanently enjoined from taking any action to enforce Neb. Rev. Stat. § 69-2433(10) as applied to the application of lawful permanent residents to obtain a permit to carry a concealed han dgun, provided they are otherwise-qualified. Upon entry of the final order and permanent injunction, Defendant shall allow Plaintiffs and other lawful permanent residents residing in Nebraska to apply for, and obtain, a permit to carry a c oncealed handgun, provided they are otherwise-qualified to obtain such a permit pursuant to the Nebraska Concealed Handgun Permit Act. Plaintiffs' shall file an application for attorneys' fees and expenses on or before November 5, 2013. Ordered by Senior Judge Richard G. Kopf. (AOA)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CARLOS NINO DE RIVERA
LAJOUS, et al,
Plaintiffs,
v.
DAVID SANKEY, in his official capacity
as Superintendent of the Nebraska
State Patrol,
Defendant.
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Case No. 4:13-CV-3070
ORDER AND
FINAL JUDGMENT
This matter is before the Court upon the parties’ Joint Stipulation to Entry of Final
Judgment and Permanent Injunction (Filing No. 26). The parties stipulated to an Order of
the Court enjoining Defendant from enforcing Neb. Rev. Stat. § 69-2433(10) as applied to
the application of lawful permanent residents to obtain a permit to carry a concealed
handgun, provided they are otherwise-qualified.(Filing No. 26).
The Court concludes that the Stipulation should be approved, and judgment should
be entered in favor of Plaintiffs. Accordingly,
IT IS ORDERED:
1.
For the reasons set forth in the Court’s Order on Motion to Dismiss of August 30,
2013 (Filing No. 22),
a.
b.
c.
2.
Count I of Plaintiffs’ Complaint is dismissed with prejudice.
Plaintiffs’ claims against the Nebraska Attorney General are dismissed with
prejudice.
Count III of Plaintiffs’ Complaint is voluntarily dismissed pursuant to
F.R.Civ.P. 41(a)(1)(A)(ii).
Pursuant to Plaintiffs’ as-applied Fourteenth Amendment Equal Protection claim in
Count II, Defendant is permanently enjoined from taking any action to enforce Neb.
Rev. Stat. § 69-2433(10) as applied to the application of lawful permanent residents
to obtain a permit to carry a concealed handgun, provided they are otherwisequalified. Upon entry of the final order and permanent injunction, Defendant shall
allow Plaintiffs and other lawful permanent residents residing in Nebraska to apply
for, and obtain, a permit to carry a concealed handgun, provided they are otherwisequalified to obtain such a permit pursuant to the Nebraska Concealed Handgun
Permit Act.
3.
Plaintiffs’ shall file an application for attorneys’ fees and expenses on or before
November 5, 2013.
Dated this 15th day of October, 2013.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge
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