Opinion
BENBROOK LAW GROUP, PC BRADLEY A. BENBROOK, STEPHEN M. DUVERNAY, Sacramento, CA, EUGENE VOLOKH, UCLA School of Law, Los Angeles, CA, Attorneys for Plaintiffs.
KAMALA D. HARRIS, Attorney General of California, TAMAR PACHTER, Supervising Deputy Attorney General, NELSON R. RICHARDS, Deputy Attorney General, San Francisco, CA, Attorneys for Defendants.
STIPULATION AND ORDER REGARDING JOINDER OF ADDITIONAL PLAINTIFFS
TROY L. NUNLEY, District Judge.
Plaintiffs and Defendants submit the following stipulation requesting the Court permit Imbert & Smithers, Inc. and Alex Rolsky to join this action as Plaintiffs pursuant to Federal Rule of Civil Procedure 20(a)(1).
WHEREAS Plaintiffs filed this action on November 10, 2014 challenging the constitutionality of California Penal Code section 26820.
WHEREAS Imbert & Smithers, Inc. is a California corporation that operates a firearms dealership in San Carlos, California, and is listed as a firearms dealer in the California Department of Justice's Centralized List of Firearms Dealers.
WHEREAS Alex Rolsky is the individual licensee associated with Imbert & Smithers;
WHEREAS on January 28, 2015, the DOJ Bureau of Firearms inspected Imbert & Smithers. At the time of the inspection, the building's exterior displayed the dealership's logo, which incorporates the outline of a single-action revolver.
WHEREAS the Bureau of Firearms issued a "Notification of Inspection Findings" citing Imbert & Smithers and Rolsky for, among other things, violating Section 26820, and requiring them to take corrective action by July 28, 2015.
WHEREAS the parties agree that Imbert & Smithers and Rolsky meet the requirements for permissive joinder of plaintiffs set forth in Federal Rule of Civil Procedure 20(a)(1), and should be joined as plaintiffs in this action. Specifically, Imbert & Smithers and Rolsky will assert the same right to declaratory and injunctive relief as Plaintiffs arising out of Defendants' enforcement of Penal Code section 26820, and the overriding question concerning the constitutionality of Section 26820 is common to the resolution of the claims of Plaintiffs, Imbert & Smithers, and Rolsky.
WHEREAS the joinder of Imbert & Smithers and Rolsky in this action will promote judicial economy by permitting related claims for relief to be tried in a single proceeding, thereby avoiding multiple trials involving identical issues.
WHEREAS the parties agree that the joinder of Imbert & Smithers and Rolsky in this action does not require modification of the hearing schedule for Plaintiffs' motion for preliminary injunction, and specifically request that the Court leave in place the current briefing schedule and hearing date.
IT IS HEREBY STIPULATED by and between:
Plaintiffs Tracy Rifle and Pistol LLC, Michael Baryla, Ten Percent Firearms; Wesley Morris; Sacramento Black Rifle, Inc., Robert Adams; PRK Arms, Inc., and Jeffrey Mullen and Defendants Kamala D. Harris, in her official capacity as the Attorney General of California, and Stephen J. Lindley, in his official capacity as the Chief of the California Department of Justice Bureau of Firearms, that the Court should:
1. Permit Imbert & Smithers, Inc. and Alex Rolsky to join this action as Plaintiffs pursuant to Federal Rule of Civil Procedure 20(a)(1);
2. Enter an order filing or allowing Plaintiffs to file their First Amended Complaint for Declaratory, Injunctive, or Other Relief, which is attached as Exhibit A;
3. Permit Imbert & Smithers, Inc. and Alex Rolsky to join in the pending Motion for Preliminary Injunction that Plaintiffs filed on November 17, 2014, upon the filing of the First Amended Complaint.
[PROPOSED] ORDER REGARDING JOINDER OF ADDITIONAL PLAINTIFFS
Upon Consideration of the Parties' Stipulation Regarding Joinder of Imbert & Smithers, Inc. and Alex Rolsky to this action, the Court finds that the conditions for permissive joinder set forth in Federal Rule of Civil Procedure 20(a)(1), are satisfied.
IT IS HEREBY ORDERED THAT:
1. Imbert & Smithers, Inc. and Alex Rolsky may join this action as Plaintiffs pursuant to Federal Rule of Civil Procedure 20(a)(1). The joinder of Imbert & Smithers and Alex Rosky as Plaintiffs does not require modification of the hearing schedule on Plaintiffs' motion for preliminary injunction, which is set for hearing on March 12, 2015.
2. Plaintiffs are directed to file an amended complaint within 5 days of this order.
3. Upon the filing of the amended complaint, Imbert & Smithers, Inc. and Alex Rolsky will be joined in the pending Motion for Preliminary Injunction that Plaintiffs filed on November 17, 2014.
IT IS SO ORDERED.