California Right To Carry
Regular Member
I've deleted my original post of 6-7-2014 because my appeal was stayed and the scheduling order was vacated. Here is where my case now stands as of April 13, 2015
Update by Charles Nichols, President of California Right To Carry – April 13, 2015 - This is funny. Appellees Governor Brown and Attorney General Harris filed an unopposed motion to stay my appeal until June 30, 2014. A motion which I did not oppose for the reason given below in the April 9, 2015 update. Instead, the court let me decide when I want to terminate the stay by filing my Appellate opening brief. Unfortunately, the Appellees have until September 14, 2015 to file their answering brief and therefore I am going to choose door number two – file a status report and an appropriate motion just before August 14, 2015. My motion will be for summary reversal which, if successful, will result in an Open Carry win far faster than the usual routes. Either way, no more stays of my appeal after this (barring Peruta being granted cert by SCOTUS in which case every 2A case in this Circuit will be stayed).
Docket:
04/13/2015 13 Filed clerk order (Deputy Clerk: LBS): Appellant’s unopposed motion to stay appellate proceedings pending disposition of two en banc cases, Peruta v. County of San Diego, case no. 10-56791, and Richards v. Prieto, case no. 11-16255, is granted. This case is stayed until August 14, 2015. On or before the expiration of the stay, appellant shall file the opening brief or file a status report and an appropriate motion. If appellant files the opening brief, the answering brief will be due September The optional reply brief is due within 14 days after service of the answering brief. The filing of the opening brief or failure to file a status report shall terminate the stay. [9493503] (SM) [Entered: 04/13/2015 03:19 PM]
Update by Charles Nichols, President of California Right To Carry – April 13, 2015 - This is funny. Appellees Governor Brown and Attorney General Harris filed an unopposed motion to stay my appeal until June 30, 2014. A motion which I did not oppose for the reason given below in the April 9, 2015 update. Instead, the court let me decide when I want to terminate the stay by filing my Appellate opening brief. Unfortunately, the Appellees have until September 14, 2015 to file their answering brief and therefore I am going to choose door number two – file a status report and an appropriate motion just before August 14, 2015. My motion will be for summary reversal which, if successful, will result in an Open Carry win far faster than the usual routes. Either way, no more stays of my appeal after this (barring Peruta being granted cert by SCOTUS in which case every 2A case in this Circuit will be stayed).
Docket:
04/13/2015 13 Filed clerk order (Deputy Clerk: LBS): Appellant’s unopposed motion to stay appellate proceedings pending disposition of two en banc cases, Peruta v. County of San Diego, case no. 10-56791, and Richards v. Prieto, case no. 11-16255, is granted. This case is stayed until August 14, 2015. On or before the expiration of the stay, appellant shall file the opening brief or file a status report and an appropriate motion. If appellant files the opening brief, the answering brief will be due September The optional reply brief is due within 14 days after service of the answering brief. The filing of the opening brief or failure to file a status report shall terminate the stay. [9493503] (SM) [Entered: 04/13/2015 03:19 PM]
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