| Court: | ned |
| Docket #: | 4:13-cv-03070 |
| Case Name: | Carlos Nino De Rivera LaJous, et al v. Bruning et al |
| PACER case #: | 62369 |
| Date filed: | 2013-04-01 |
| Date terminated: | 2013-10-15 |
| Date of last filing: | 2013-10-28 |
| Assigned to: | Senior Judge Richard G. Kopf |
| Referred to: | Magistrate Judge Cheryl R. Zwart |
| Case Cause: | 28:1331 Federal Question: Other Civil Rights |
| Nature of Suit: | 950 Constitutional - State Statute |
| Jury Demand: | None |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Carlos Nino De Rivera Lajous Plaintiff |
Bernard J. Glaser , Jr. David G. Sigale |
| Second Amendment Foundation, Inc. Plaintiff |
Bernard J. Glaser , Jr. David G. Sigale |
| Nebraska Firearms Owners Association Plaintiff |
Bernard J. Glaser , Jr. David G. Sigale |
| Jon Bruning Defendant in his official capacity as Attorney General of the State of Nebraska TERMINATED: 08/30/2013 |
Elizabeth A. Gregory Stephanie A. Caldwell |
| David Sankey Defendant in his official capacity as Superintendent of the Nebraska State Patrol |
Elizabeth A. Gregory Stephanie A. Caldwell |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2013-04-01 | 1 | 0 | Complaint | COMPLAINT against All Parties ( Filing fee $ 350, receipt number 0867-2467217)Carlos de Rivera Lajous (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Glaser, Bernard) (Entered: 04/01/2013) | 2013-04-02 08:09:19 | 3480f79480135b76a5ef6b2d39340b2503a511d4 |
| 1 | 1 | Civil Cover Sheet Civil Cover Sheet | 2015-08-18 02:22:42 | a1e46a1f8d17f23239df8e70def4def7a378422f | ||
| 2013-04-01 | 2 | 0 | Assignment of Judges | TEXT NOTICE OF JUDGES ASSIGNED: Senior Judge Richard G. Kopf and Magistrate Judge Cheryl R. Zwart assigned. (MKR) (Entered: 04/01/2013) | ||
| 2013-04-01 | 3 | 0 | Attorney Letter | ATTORNEY LETTER by Clerk that Attorney David G. Sigale has not registered for admittance to practice. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (MKR) (Entered: 04/01/2013) | 2015-08-18 02:22:40 | da9b038d08021acf75dd9e71526e80fd51884038 |
| 2013-04-02 | 4 | 0 | Statement | STATEMENT Signed Civil Cover Sheet by Attorney Bernard J. Glaser, Jr on behalf of Plaintiff Carlos Nino De Rivera Lajous.(Glaser, Bernard) (Entered: 04/02/2013) | 2015-08-18 02:22:44 | b00a8a874fb911b1909e918e90ad354aad01b9e2 |
| 2013-04-03 | 5 | 0 | Summons Requested | Summons Requested as to Bruning regarding Complaint 1 . (Glaser, Bernard) (Entered: 04/03/2013) | 2015-08-18 02:22:46 | d00ab0ca518a6bc09e26078305379d84a12589fe |
| 2013-04-03 | 6 | 0 | Summons Requested | Summons Requested as to Sankey regarding Complaint 1 . (Glaser, Bernard) (Entered: 04/03/2013) | 2015-08-18 02:22:48 | e2832de8a753a26bc62a79799a8b9d9064a4cf61 |
| 2013-04-03 | 7 | 0 | Summons Issued | Summons Issued as to defendants Jon Bruning and David Sankey. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (AOA) (Entered: 04/03/2013) | 2015-08-18 02:40:06 | 0adb65ac9e1572af8b589bf9bb2426d3a248231b |
| 2013-04-05 | 8 | 0 | Motion for Extension of Time to File Responsive Pleading | MOTION for Extension of Time to File a Responsive Pleading by Attorney Stephanie A. Caldwell on behalf of Defendants Jon Bruning, David Sankey.(Caldwell, Stephanie) (Entered: 04/05/2013) | ||
| 2013-04-05 | 9 | 0 | Order on Motion for Extension of Time to File Responsive Pleading | TEXT ORDER granting 8 Motion for Extension of Time to File a Responsive Pleading. Jon Bruning answer or response due 5/27/2013; David Sankey answer or response due 5/27/2013. Ordered by Deputy Clerk. (AOA) (Entered: 04/05/2013) | ||
| 2013-04-05 | 10 | 0 | Notice of Appearance | NOTICE of Appearance by Attorney Elizabeth A Gregory on behalf of Defendants Jon Bruning, David Sankey (Gregory, Elizabeth) (Entered: 04/05/2013) | ||
| 2013-04-08 | 11 | 0 | Summons Returned Executed | SUMMONS Returned Executed upon all Defendants defendant All Plaintiffs. (Glaser, Bernard) (Entered: 04/08/2013) | 2015-08-18 02:22:52 | 747cc74297a321437d5494950bc544bce48130d2 |
| 2013-04-17 | 12 | 0 | Application/Order Pro Hac Vice | APPLICATION/ORDER admitting pro hac vice Attorney David G. Sigale for Plaintiffs Carlos Nino De Rivera Lajous, Nebraska Firearms Owners Association, Second Amendment Foundation, Inc.. Ordered by Deputy Clerk. (AOA) (Entered: 04/17/2013) | ||
| 2013-05-28 | 13 | 0 | Motion to Dismiss | MOTION to Dismiss by Attorney Stephanie A. Caldwell on behalf of Defendants Jon Bruning, David Sankey.(Caldwell, Stephanie) (Entered: 05/28/2013) | ||
| 2013-05-28 | 14 | 0 | Brief | BRIEF in support of Defendants' Motion to Dismiss by Attorney Stephanie A. Caldwell on behalf of Defendants Jon Bruning, David Sankey.(Caldwell, Stephanie) (Entered: 05/28/2013) | ||
| 2013-06-26 | 15 | 0 | Reply Brief | REPLY BRIEF in support of Motion to Dismiss by Attorney Stephanie A. Caldwell on behalf of Defendants Jon Bruning, David Sankey.(Caldwell, Stephanie) (Entered: 06/26/2013) | ||
| 2013-06-26 | 16 | 0 | Motion for Extension of Time to File Responsive Pleading | MOTION for Extension of Time to File a Responsive Pleading (Response to Defendants' Motion to Dismiss) by Attorney David G. Sigale on behalf of Plaintiffs Carlos Nino De Rivera Lajous, Nebraska Firearms Owners Association, Second Amendment Foundation, Inc..(Sigale, David) (Entered: 06/26/2013) | 2015-08-18 02:22:53 | f148255745da7392c73673c434ae9003a0c26a6e |
| 2013-06-27 | 17 | 0 | Order on Motion for Extension of Time to File Responsive Pleading | TEXT ORDER - Plaintiffs' motion for extension of time (filing 16 is granted. Plaintiffs shall have until July 8, 2013, to respond to Defendants' motion to dismiss (filing 13 ). Ordered by Senior Judge Richard G. Kopf. (AOA) (Entered: 06/27/2013) | ||
| 2013-07-11 | 18 | 0 | Response | RESPONSE regarding MOTION to Dismiss 13 by Attorney David G. Sigale on behalf of Plaintiffs Carlos Nino De Rivera Lajous, Nebraska Firearms Owners Association, Second Amendment Foundation, Inc.. (Attachments: # 1 Exhibit A - Amicus Brief in Woollard v. Gallagher, # 2 Exhibit B - ORder of Injunction in Pliego-Gonzalez v. Omaha, # 3 Exhibit C - Missouri SB 75, # 4 Exhibit D - ORder of Preliminary Injunction in Jackson v. King (D.NM))(Sigale, David) (Entered: 07/11/2013) | ||
| 2013-07-11 | 19 | 0 | Motion to Extend | Unopposed MOTION to Extend deadline to file Reply Brief by Attorney Stephanie A. Caldwell on behalf of Defendants Jon Bruning, David Sankey.(Caldwell, Stephanie) (Entered: 07/11/2013) | ||
| 2013-07-12 | 20 | 0 | Order on Motion to Extend | TEXT ORDER granting 19 Motion to Extend. Defendants shall have until July 29, 2013, to reply regarding their motion to dismiss (filing 13 ). Ordered by Senior Judge Richard G. Kopf. (AOA) (Entered: 07/12/2013) | ||
| 2013-07-25 | 21 | 0 | Reply Brief | REPLY BRIEF in support of Defendants' Motion to Dismiss by Attorney Stephanie A. Caldwell on behalf of Defendants Jon Bruning, David Sankey.(Caldwell, Stephanie) (Entered: 07/25/2013) | ||
| 2013-08-30 | 22 | 0 | Order on Motion to Dismiss | MEMORANDUM AND ORDER - The defendants' motion to dismiss (filing 13 ) is granted in part and denied in part, as follows: Count I of the plaintiffs' complaint (Second Amendment claim) is dismissed with prejudice. Count II of the plaintiffs' complaint (equal protection claim) is dismissed with prejudice to the limited extent that the claim involves a facial challenge Neb. Rev. Stat. § 69-2433(10). John Bruning, in his official capacity as Attorney General of the State of Nebraska, is dismissed as a party defendant. In all other respects, the motion is denied. Ordered by Senior Judge Richard G. Kopf. (AOA) (Entered: 08/30/2013) | 2013-09-06 07:54:59 | b5122d53212f871f94e5ed986b6d6ddbe3e0f0e2 |
| 2013-09-04 | 23 | 0 | Scheduling Letter | SCHEDULING LETTER - Rule 26 Meeting Report Deadline set for 10/4/2013. Ordered by Magistrate Judge Cheryl R. Zwart. (DMS) (Entered: 09/04/2013) | ||
| 2013-09-20 | 24 | 0 | Motion for Extension of Time to File Responsive Pleading | Unopposed MOTION for Extension of Time to File a Responsive Pleading by Attorney Stephanie A. Caldwell on behalf of Defendants Jon Bruning, David Sankey.(Caldwell, Stephanie) (Entered: 09/20/2013) | ||
| 2013-09-22 | 25 | 0 | Order on Motion for Extension of Time to File Responsive Pleading | TEXT ORDER granting 24 Motion for Extension of Time to File a Responsive Pleading. Defendants Jon Bruning and David Sankey shall responde to the Plaintiffs Complaint by no later than October 4, 2013. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl) (Entered: 09/22/2013) | ||
| 2013-10-04 | 26 | 0 | Stipulation | STIPULATION TO ENTRY OF FINAL JUDGMENT AND PERMANENT INJUNCTION by Attorney Stephanie A. Caldwell on behalf of Defendant David Sankey.(Caldwell, Stephanie) (Entered: 10/04/2013) | ||
| 2013-10-07 | 27 | 0 | Order on Stipulation | MEMORANDUM AND ORDER - On or before October 28, 2013, the parties shall jointly file an amended motion or stipulation for dismissal of this action and provide the undersigned with a proposed judgment for approval and filing. Absent compliance with this order, the court may enter a final judgment pursuant to filing 26 on the terms outlined in the foregoing memorandum. Ordered by Senior Judge Richard G. Kopf. (AOA) (Entered: 10/07/2013) | 2015-08-18 02:22:55 | e6ae1e1d85d47c27fae81069827115bb9b7bc4d6 |
| 2013-10-11 | 28 | 0 | Stipulation | STIPULATION TO ENTRY OF FINAL JUDGMENT AND PERMANENT INJUNCTION by Attorney Stephanie A. Caldwell on behalf of Defendant Jon Bruning.(Caldwell, Stephanie) (Entered: 10/11/2013) | ||
| 2013-10-15 | 29 | 0 | Order on Stipulation | ORDER AND FINAL JUDGMENT adopting 28 Stipulation - For the reasons set forth in the Court's Order on Motion to Dismiss of August 30,2013 (Filing No. 22 ), a. Count I of Plaintiffs' Complaint is dismissed with prejudice. b. Plaintiffs' claims against the Nebraska Attorney General are dismissed withprejudice. c. Count III of Plaintiffs' Complaint is voluntarily dismissed pursuant to F.R.Civ.P. 41(a)(1)(A)(ii). Pursuant to Plaintiffs' as-applied Fourteenth Amendment Equal Protection claim in Count II, Defendant is permanently enjoined from taking any action to enforce Neb. Rev. Stat. § 69-2433(10) as applied to the application of lawful permanent residents to obtain a permit to carry a concealed handgun, provided they are otherwise-qualified. Upon entry of the final order and permanent injunction, Defendant shall allow Plaintiffs and other lawful permanent residents residing in Nebraska to apply for, and obtain, a permit to carry a concealed handgun, provided they are otherwise-qualified to obtain such a permit pursuant to the Nebraska Concealed Handgun Permit Act. Plaintiffs' shall file an application for attorneys' fees and expenses on or before November 5, 2013. Ordered by Senior Judge Richard G. Kopf. (AOA) (Entered: 10/15/2013) | 2014-07-25 03:41:51 | b3b2b83132d44086756dc0952ff8d1422e89e3c8 |
| 2013-10-25 | 30 | 0 | Stipulation | STIPULATION regarding attorneys' fees and costs by Attorney Stephanie A. Caldwell on behalf of Defendant David Sankey.(Caldwell, Stephanie) (Entered: 10/25/2013) | 2015-08-18 02:22:56 | 70232025814d47c53ce0fee4db7f002e5144668b |
| 2013-10-28 | 31 | 0 | Order on Stipulation | 2015-08-18 02:22:58 | 6f397d3bf198ff2009eb5b71573ccc082484e662 |