Montana Lawsuit Timeline

March 5th, 2014

Plaintiffs: Montana Shooting Sports Association, the Second Amendment Foundation, Inc. and Gary Marbut.

Defendant: Eric H. Holder, Jr. Attorney General of the United States of America.

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10/01/09 Complaint: Plaintiffs Complaint

10/05/09 Order: Preliminary Pretrial Conference set for February 2, 2010

10/05/09 Notice: Assigned to US Magistrate Judge

12/14/09 Complaint: Plaintiffs First Amended Complaint

1/19/10 Motion: Defendant’s Motion to Dismiss

1/19/10 Memorandum: Memorandum in Support of Defendant’s Motion to Dismiss
Exhibit

1/19/10 Notice: Defendant’s Notice of Constitutional Challenge

1/27/10 Stipulation: Plaintiffs Stipulation for Extension of Time to File a Response and to Suspend Scheduling Order

1/27/10 Order: Telephonic Conference set for February 2, 2010

1/27/10 Certification: Montana Attorney General certifies that the constitutionality of the MFFA has been called into question

2/02/10 Order: Pretrial Case Scheduling

2/12/10 Order: Goldwater Institute Granted to Appear as Amicus Curiae

2/11/10 Order: Case Reassigned to Judge Donald W. Molloy

3/12/10 Order: Nicholas C. Dranias Granted to Appear Pro Hac Vice

3/19/10 Order: Weapons Collector Society of Montana Granted to Appear as Amicus Curiae

3/24/10 Order: State of Montana Granted an Extension to April 12, 2010 to defend the constitutionality of the MFFA

3/25/10 Order: State of Utah and other States’ Granted to appear as Amici Curiae and Mark L. Shurtleff Granted to Appear as Lead Counsel for the State of Utah and other States’

4/09/10 Brief: Goldwater Institute, et al Opposing Defendant’s Motion to Dismiss

4/09/10 Motion: Admission of Anthony T. Caso Pro Hac Vice

4/09/10 Application: Center for Constitutional Jurisprudence and Lawmakers from 17 States for to Participate as Amicus Curiae

4/09/10 Complaint: Plaintiffs Second Amended Complaint
Exhibit A
Exhibit B

4/12/10 Order: Amici Brief Filing Extended to April 23, 2010

4/12/10 Notice: Montana Attorney General Notice of Intervention

4/12/10 Brief: State of Montana in Support of the Constitutionality of the MFFA

4/12/09 Brief: Utah, Alabama, Idaho, South Carolina, South Dakota, West Virginia, and Wyoming Opposing Defendant’s Motion to Dismiss

4/12/10 Brief: Weapons Collectors Society of Montana Opposing Defendant’s Motion to Dismiss
Exhibit 1
Exhibit 1

4/12/10 Brief: Plaintiffs Opposing Defendant’s Motion to Dismiss

4/13/10 Brief: Gun Owners Foundation, et al Opposing Defendant’s Motion to Dismiss

4/13/10 Brief: Paragon Foundation, Inc. Opposing Defendant’s Motion to Dismiss

4/19/10 Brief: Center for Constitutional Jurisprudence Opposing Defendant’s Motion to Dismiss

4/24/10 Brief: Montana Legislators Opposing Defendant’s Motion to Dismiss

5/18/10 Brief: US Attorney General Reply Supporting Defendant’s Motion to Dismiss

5/18/10 Brief: Brady Center Supporting Defendant’s Motion to Dismiss

5/19/10 Order: Requiring Additional Parties and Counsel in Brady Center’s Brief to Appear Pro Hac Vice

6/1/10 Brief: Plaintiff’s Response to Brady Center Amicus

6/2/10 Brief: Affidavit of Plaintiff Gary Marbut Concerning Standing

6/7/10 Notice: State’s Allocation of Argument Time

6/7/10 Notice: Allocation of Plaintiff’s Time At Oral Arguments

6/16/10 Brief: Defendant’s Opposition to Plaintiff’s Motion to Strike Portions of Defendant’s Reply Memorandum
Exhibit A

6/30/10 Brief: Plaintiffs’ Reply in Support of Mx to Strike or Allow for Leave to File Surreply

7/1/10 Order: Denying Plaintiffs Motion to Strike but Granting Leave to Surreply

7/06/10 Brief: Plaintiffs’ Surreply in Opposition to Defendant’s Motion to Dismiss

7/06/10 Brief: Defendant’s Response to Plaintiffs’ Surreply in Support of Defendant’s Motion to Dismiss

7/13/10 Notice: Plaintiffs’ Notice of Supplemental Authority (Massachusetts v. United States DHHS)

7/13/10 Notice: Plaintiffs’ Notice of Supplemental Authority (Holder v. Humanitarian Law Project)

7/13/10 Notice: Plaintiffs’ Notice of Supplemental Authority (McDonald v. City of Chicago)

8/4/10 Notice: Plaintiffs’ Notice of Supplemental Authority (Virginia v. Sebelius and Dept. of HHS)
Memorandum Opinion

8/29/10 Transcript: Transcript of U.S. Motion to Dismiss 7/15/10

8/31/10 Finding: Magistrate Findings and Recommendations

9/13/10 Objection: State of Montana’s Objections to Magistrate Judge’s Findings and Recommendations

9/14/10 Objection: Plaintiffs’s Objections to Magistrate Judge’s Findings and Recommendations
Exhibit A

9/27/10 Response: Defendant’s Response to Plaintiff’s and Intervenor’s Objections to Findings and Recommendations

9/29/10 Order: Order Adopting Magistrate Findings and Recommendations

10/18/10 Opinion: Memorandum and Opinion Granting Defendant’s Motion to Dismiss

12/2/10 Notice: Appeal to 9th Circuit
Exhibit A

12/3/10 Order: Time Schedule Order

1/7/11 Order: Order Requiring Parties to Submit Mediation Views

1/10/11 Order: Case Not Selected for Mediation

2/23/11 Order: Granting Motion to Extend Proceedings

5/2/11 Motion: Second Unopposed Motion And Brief to Suspend Briefing Schedule

5/2/11 Order: Granting Motion to Suspend Briefing Schedule

5/5/11 Order: Setting New Briefing Deadlines

6/6/11: Appellants Principal Brief

6/6/11: Appellants Excerpts of Record

6/8/11: Brief of the Center for Constitutional Jurisprudence and State Legislators

6/9/11: Brief of Pacific Legal Foundation

6/13/11: Brief of Montana Legislators

6/13/11: Brief of Utah and Other States

6/13/11: Brief of Weapons Collectors Society of Montana

6/13/11: Brief of Weapons Collectors Society of Montana

6/13/11: Brief of Gun Owners of America

6/13/11: Brief of Goldwater and Cato Institutes

6/13/11: Brief of State of Montana

7/21/11: Brief of Eric Holder
Supplemental Excerpts of Record

7/27/11: Brief of Brady Center

8/4/11: Reply Brief of MSSA

12/20/11: Order Staying Proceedings Pending Nordyke v. King

02/11/13: Notice of Appearance – Lawrence VanDyke

02/11/13: Solicitor General to Clerk about the Intervenor

08/23/13: Ninth Circuit Court Opinion

08/23/13: Post Judgement Proceedings

11/21/13: Petition for Writ of Certiorari to SCOTUS

1/6/14: Montana’s Petition for Writ of Certiorari

1/6/14: Amicus Brief of Center For Constitutional Jurisprudence

1/6/14: Amici Brief of the states

1/6/14: Amicus Brief of WCSM

02/25/14: SCOTUS Declines MSSA Petition

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