Montana Lawsuit Updates

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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Supreme Court

Filings

11/21/13: MSSA’s Petition for Writ of Certiorari
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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Ninth Circuit

Filings

12/2/10: Notice of Appeal to 9th Circuit
Exhibit A
12/3/10: Time Schedule Order
1/7/11: 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: 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 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

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District Court

Complaints

10/01/09: Plaintiffs Complaint
12/14/09: Plaintiffs First Amended Complaint
4/09/10: Plaintiffs Second Amended Complaint
Exhibit A
Exhibit B

Motion to Dismiss

1/19/10: Defendant’s Motion to Dismiss
1/19/10: Defendant’s Notice of Constitutional Challenge
8/29/10: Transcript of U.S. Motion to Dismiss 7/15/10
8/31/10: Magistrate Findings and Recommendations
9/13/10: State of Montana’s Objections to Magistrate Judge’s Findings and Recommendations
9/14/10: Plaintiff’s Objections to Magistrate Judge’s Findings and Recommendations
Exhibit A
9/27/10: Defendant’s Response to Plaintiff’s and Intervenor’s Objections to Findings and Recommendations
9/29/10: Order Adopting Magistrate Findings and Recommendations
10/18/10: Memorandum and Opinion Granting Defendant’s Motion to Dismiss

Briefs

1/19/10: Defendant’s in Support of Motion to Dismiss
Exhibit
4/12/10: Plaintiffs Opposing Defendant’s Motion to Dismiss
4/12/10: State of Montana in Support of the Constitutionality of the MFFA
4/09/10: Goldwater Institute, et al Opposing Defendant’s Motion to Dismiss
4/12/09: Utah, Alabama, Idaho, South Carolina, South Dakota, West Virginia, and Wyoming Opposing Defendant’s Motion to Dismiss
4/12/10: Weapons Collectors Society of Montana Opposing Defendant’s Motion to Dismiss
Exhibit 1
Exhibit 1
4/13/10: Gun Owners Foundation, et al Opposing Defendant’s Motion to Dismiss
4/13/10: Paragon Foundation, Inc. Opposing Defendant’s Motion to Dismiss
4/19/10: Center for Constitutional Jurisprudence Opposing Defendant’s Motion to Dismiss
4/24/10: Montana Legislators Opposing Defendant’s Motion to Dismiss
5/18/10: US Attorney General Reply Supporting Defendant’s Motion to Dismiss
5/18/10: Brady Center Supporting Defendant’s Motion to Dismiss
6/1/10: Plaintiff’s Response to Brady Center Amicus
6/2/10: Affidavit of Plaintiff Gary Marbut Concerning Standing
6/16/10: Defendant’s Opposition to Plaintiff’s Motion to Strike Portions of Defendant’s Reply Memorandum
Exhibit A
6/30/10: Plaintiffs’ Reply in Support of Mx to Strike or Allow for Leave to File Surreply
7/06/10: Plaintiffs’ Surreply in Opposition to Defendant’s Motion to Dismiss
7/06/10: Defendant’s Response to Plaintiffs’ Surreply in Support of Defendant’s Motion to Dismiss
7/13/10: Plaintiffs’ Notice of Supplemental Authority (Massachusetts v. United States DHHS)
7/13/10: Plaintiffs’ Notice of Supplemental Authority (Holder v. Humanitarian Law Project)
7/13/10: Plaintiffs’ Notice of Supplemental Authority (McDonald v. City of Chicago)
8/4/10: Plaintiffs’ Notice of Supplemental Authority (Virginia v. Sebelius and Dept. of HHS)
Memorandum Opinion

Orders

10/05/09: Preliminary Pretrial Conference set for February 2, 2010
1/27/10: Telephonic Conference set for February 2, 2010
2/02/10: Pretrial Case Scheduling
2/12/10: Goldwater Institute Granted to Appear as Amicus Curiae
2/11/10: Case Reassigned to Judge Donald W. Molloy
3/12/10: Nicholas C. Dranias Granted to Appear Pro Hac Vice
3/19/10: Weapons Collector Society of Montana Granted to Appear as Amicus Curiae
3/24/10: State of Montana Granted an Extension to April 12, 2010 to defend the constitutionality of the MFFA
3/25/10: 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’
4/12/10: Amici Brief Filing Extended to April 23, 2010
5/19/10: Order Requiring Additional Parties and Counsel in Brady Center’s Brief to Appear Pro Hac Vice
6/7/10: State’s Notice of Allocation of Argument Time
6/7/10: Notice of Allocation of Plaintiff’s Time At Oral Arguments
7/1/10: Order Denying Plaintiffs Motion to Strike but Granting Leave to Surreply

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