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Enos v. Holder

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Oct 18, 2011
Case No.: 2:10-CV-02911-JAM-EFB (E.D. Cal. Oct. 18, 2011)

Opinion

Case No.: 2:10-CV-02911-JAM-EFB

10-18-2011

RICHARD ENOS, JEFF BASTASINI, LOUIE MERCADO, WALTER GROVES, MANUEL MONTEIRO, EDWARD ERIKSON, and VERNON NEWMAN, Plaintiffs, v. ERIC HOLDER, as United States Attorney General, and ROBERT MUELLER, III, as Director of the Federal Bureau of Investigation, Defendants.

Donald Kilmer for Plaintiffs Edward Olsen for Defendants


Donald E.J. Kilmer, Jr., (SBN: 179986)
LAW OFFICES OF DONALD KILMER
A Professional Corporation
Attorney for Plaintiffs

STIPULATION and ORDER:

CONTINUANCE AND SETTING OF

DISPOSITIVE MOTIONS

Trial Date: Not Set

Pending Motions: Nov. 16, 2011

(Defs FRCP 12)
TO THIS HONORABLE COURT:

1. All Plaintiffs are represented by the Law Offices of Donald Kilmer.

2. Defendants HOLDER and MUELLER are represented by Assistant United States Attorney Edward Olsen.

3. The parties hereby stipulate to the following preliminary facts:

a. Defendants have timely noticed a motion under FRCP 12(b)(1) and 12(b)(6) for November 16, 2011.
b. The parties have met and conferred on the status of the case and substance of Defendants' motion.
c. Plaintiffs had proposed that the matter proceed by way of cross-motions under FRCP 56. Plaintiffs still contend that the entire case can be disposed of by a motion for at least partial summary judgment on the issue of declaratory relief. (i.e., does the passage of time under the California statute restore firearms rights under federal law.)

4. To accommodate the schedules of counsel for the parties and to promote judicial economy, the parties hereby stipulate to the following:

a. Defendant's FRCP 12 motion is reset to January 25, 2012 at 9:30 a.m. in Courtroom 6, 14th Floor.
i. Plaintiffs' opposition shall be filed and served on January 11, 2012.
ii. Defendants' reply shall be filed and served on January 18, 2012.
b. Plaintiffs' FRCP 56 cross-motion shall be heard on January 25, 2012 at 9:30 a.m. in Courtroom 6, 14th Floor.
i. Plaintiffs' motion and supporting documents shall be filed on or before December 14, 2011.
ii. Defendants' opposition shall filed and served on January 11, 2012.
iii. Plaintiffs' reply shall be filed an served on January 18, 2012.

SO STIPULATED.

Donald Kilmer for Plaintiffs

Edward Olsen for Defendants

ATTESTATION FOR COMPLIANCE WITH GENERAL ORDER 45

AND LOCAL RULE VIII.B.

I, Donald Kilmer, declare under penalty of perjury under the laws of California and the United States that I have in my possession e-mail correspondence from Edward Olsen that the content of this document is acceptable to all persons required to sign the document. I declare that this document was signed in San Jose, CA on October 18, 2011.

Donald Kilmer, for Plaintiffs

SO ORDERED.

John A. Mendez

United States District Court Judge


Summaries of

Enos v. Holder

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Oct 18, 2011
Case No.: 2:10-CV-02911-JAM-EFB (E.D. Cal. Oct. 18, 2011)
Case details for

Enos v. Holder

Case Details

Full title:RICHARD ENOS, JEFF BASTASINI, LOUIE MERCADO, WALTER GROVES, MANUEL…

Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Date published: Oct 18, 2011

Citations

Case No.: 2:10-CV-02911-JAM-EFB (E.D. Cal. Oct. 18, 2011)