Montana Lawsuit Updates
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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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
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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
Esteemed: Dear Gary,
Provided said court of proper jurisdiction: on 7/1/10 Order Denying Plaintiff’s Motion
to Strike but Granting Leave o Surreply.
Is said Action going forward, so as to move the court [ for ] favorable conclusion at-law.
Are other Sovereign states following Montana action in Cause No. CV-09-147-M-DWM-JCL
Any new matters for our Montana public to encourage support in fact and/or in sprit.
Thank you
Next vacation will be in Montana to help support this cause. God bless Montana!
Just drove clear across Montana and back a couple weeks ago, it’s got to be one of the most beautiful places I’ve ever seen. This law and the suit in its defense just make me want to pull up my Floridian stakes and head on up to Helena that much more.
Then again, we’ve got similar lgislation in the pipeline now…starting to look like we’re putting the jackbooted thugs on notice!
As for me and my house, we remain heavily armed.
There should be hundreds of thousands of American citizens supporting your fight to regain our sovereignty from the Den of Vipers in Congress, especially on this fundamental right. I support your efforts from Alaska and if we can get Juneau off of the starting blocks and joining in what law suit also. We either get our Republic back or leave the Union (hopefully that will never happen) but Congress and the President are drunk with plenary Power that has not been delegated or granted to them. Ralph
God bless this great state of Montana,if you need any help enforcing our 10th amendment rights we are here to help.
Now that Nordyke v. King is out of the way, what happens?
Just read this U.S. Supreme Court case. The feds are already precluded from regulating guns that never travel in interstate commerce.
http://supreme.justia.com/cases/federal/us/404/336/case.html
U.S v Hayes 404 U.S. 336 (1971)