Baird v Bercerra (Read 4909 times)

wolfwood

Baird v Bercerra
« on: April 09, 2019, 01:08:43 PM »
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Charles Nichols

Re: Baird v Bercerra
« Reply #1 on: April 10, 2019, 03:02:02 AM »
New CA open carry case filed

https://www.scribd.com/document/405650450/Mark-Baird-Complaint-Filed

Paragraph 192 of the Complaint:

"Concealed carry is the universally preferred method of law-abiding individuals, including Plaintiffs, to carry a firearm, for reasons including tactical advantage over an attacker, convenience of carry location, accessibility to one’s firearm for self-defense, and practical considerations relating to one’s wardrobe."

Where is the challenge to California's ban on openly carrying long guns?
Both plaintiffs live in counties with a population of fewer than 200,000 people and are therefore theoretically eligible for handgun Open Carry licenses.  Where is the Sheriff/County that denied them an Open Carry license named as a defendant?

A 296 paragraph Complaint, 58 pages long with so many holes.

Charles Nichols

Re: Baird v Bercerra
« Reply #2 on: May 03, 2019, 03:18:08 PM »
Here is a link to a downloadable pdf of the Complaint -> https://californiaopencarry.com/wp-content/uploads/2019/05/1-Complaint.pdf

It is 59 pages long and so it is best to download a local copy and view that.

Charles Nichols

Re: Baird v Bercerra
« Reply #3 on: May 11, 2019, 07:51:33 AM »
Date of last filing: 05/08/2019
9 - Stipulation to extend time to file response from May 9, 2019, to June 6, 2019.
Last checked - 5/8/2019

Charles Nichols

Re: Baird v Bercerra
« Reply #4 on: June 08, 2019, 12:43:59 AM »
And so, they gave the State extra time to file its response and the state, unsurprisingly, filed a motion to dismiss.  A motion which won't be heard until August 9th.

To recap.  Complaint filed on April 9th.  Plaintiffs give the state an extension of time on May 8th.  State files its motion to dismiss on June 6th.  Motion hearing to take place on August 9th, which is four months after the Complaint was filed.

Friday June 7, 2019: MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: The court is in receipt of Defendant's Motion to Dismiss (ECF No.10 ). The motion is noticed for hearing on 7/26/2019, which is not an available law and motion date. Accordingly, the hearing on the motion is RESET for 8/9/2019 at 10:00 AM. Filing deadlines are reset as provided by Local Rule 230. It is FURTHER ORDERED that the Status (Pretrial Scheduling) Conference set for 8/15/2019 is VACATED and ADVANCED to 8/9/2019 at 10:00 AM, with the filing of a joint status report due seven days prior. Both hearings will be held in in Courtroom 3 before District Judge Kimberly J. Mueller. (Text Only Entry) (Schultz, C)

punaperson

Re: Baird v Bercerra
« Reply #5 on: June 08, 2019, 05:38:28 AM »
And so, they gave the State extra time to file its response and the state, unsurprisingly, filed a motion to dismiss.  A motion which won't be heard until August 9th.

To recap.  Complaint filed on April 9th.  Plaintiffs give the state an extension of time on May 8th.  State files its motion to dismiss on June 6th.  Motion hearing to take place on August 9th, which is four months after the Complaint was filed.

Friday June 7, 2019: MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: The court is in receipt of Defendant's Motion to Dismiss (ECF No.10 ). The motion is noticed for hearing on 7/26/2019, which is not an available law and motion date. Accordingly, the hearing on the motion is RESET for 8/9/2019 at 10:00 AM. Filing deadlines are reset as provided by Local Rule 230. It is FURTHER ORDERED that the Status (Pretrial Scheduling) Conference set for 8/15/2019 is VACATED and ADVANCED to 8/9/2019 at 10:00 AM, with the filing of a joint status report due seven days prior. Both hearings will be held in in Courtroom 3 before District Judge Kimberly J. Mueller. (Text Only Entry) (Schultz, C)
What advantage does Baird acquire by granting the state the extension? What disadvantage would Baird have accrued had they opposed the extension?

Charles Nichols

Re: Baird v Bercerra
« Reply #6 on: June 08, 2019, 07:47:28 AM »
No advantage in agreeing to an extension and no disadvantage to opposing an extension.

wolfwood

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Charles Nichols

Re: Baird v Bercerra
« Reply #8 on: June 27, 2019, 04:24:52 PM »
When I filed my California Open Carry lawsuit, Nichols v. Brown et al, in response to my Complaint the defendants filed motions to dismiss.  The Federal Central District of California did not allow pro se plaintiffs to file electronically and I did not have a PACER account at that time.  And so the court mailed me a notice that I had 14 days to write and file my oppositions to the motions to dismiss, a notice which I did not receive in the mail for several days which is odd considering that the letter traveled less than 20 hours.

Regardless, on June 6th, the State of California filed a motion to dismiss Baird et al v. Becerra.  The State incorrectly calendared a hearing date which the Court corrected the next day (June 7th).  And then there was nothing on the docket, no opposition to the motion to dismiss, nothing until June 21(three weeks after the motion to dismiss was filed) when the parties filed a joint stipulation to extend the briefing schedule and hearing date.

Today, the court granted the proposed stipulation.  The new dates are:

July 8, 2019: Plaintiffs to file preliminary injunction motion.
 July 29, 2019: Plaintiffs to file opposition to Defendant’s motion to dismiss.
 August 2, 2019: Defendant to file opposition to Plaintiffs’ preliminary injunction
motion.
 August 30, 2019: Parties to file joint status report, Plaintiffs to file reply in support of
preliminary injunction motion, and Defendant to file reply in support of motion to
dismiss.
 September 6, 2019, at 10:00 a.m.: Status conference and hearing on Plaintiffs’
preliminary injunction motion and Defendant’s motion to dismiss.

Charles Nichols

Re: Baird v Bercerra
« Reply #9 on: August 12, 2019, 10:20:35 PM »
Mr. Baird is holding a rally at the courthouse the morning of the hearing beginning at 9:00 AM (the hearing starts at 10:00 AM).

Charles Nichols

Re: Baird v Bercerra
« Reply #10 on: September 16, 2019, 02:39:26 PM »
The hearing on the preliminary injunction and the motion to dismiss was rescheduled to October 8th.  Another rally has been scheduled.  The start time for the rally has not been set but I suspect the rally will be scheduled to start before the hearing which is scheduled to begin at 10:00 AM.

Charles Nichols

Charles Nichols

Re: Baird v Bercerra
« Reply #12 on: September 22, 2020, 08:33:14 AM »
Baird filed his 1st Amended Complaint yesterday.  It is still limited to handguns.  This time he included concealed carry.

A link to his amended complaint can be found under the September 21, 2020, update at my website page dedicated to his lawsuit.

https://californiaopencarry.com/baird-et-al-v-becerra-california-handgun-open-carry-lawsuit/