Ezell v. Chicago (SAF/Gura)

[Al Norris]

Definition taken from IN RE: Michael PALMISANO (1995) (http://caselaw.findlaw.com/us-7th-circuit/1463787.html)

Although a district court usually acts through single judges, 28 U.S.C. § 132(c) permits the court to sit in panels, or en banc, when a local rule so provides. The Executive Committee in the Northern District of Illinois comprises the court's chief judge and four others who serve for overlapping four-year terms. N.D.Ill.R. 1.02.E. Such a panel is entitled to enter judicial orders.

This appears to be a District Court action, taken after an inquiry from the Circuit itself.

 

[KyJim]

Thanks, Al. I just wasn't into trying to find it at 5:00 a.m. this morning (long story).

 

[Al Norris]

06/12/2012 151[RECAP] MINUTE entry before Honorable Morton Denlow:Magistrate Judge Status hearing held on 6/12/2012. Plaintiffs' F.R.Civ.P. Rule 37(a)(3)(B) motion 136[RECAP] is entered and continued to 7/9/2012 at 09:15 AM.Mailed notice (ldg, ) (Entered: 06/12/2012)

This was a hearing on the plaintiffs Motion to Compel (136). Whatever happened is continued until July 9th.

Docket: http://ia600507.us.archive.org/1/items/gov.uscourts.ilnd.246475/gov.uscourts.ilnd.246475.docket.html

 

[Jim March]

I think you mean:

http://ia600507.us.archive.org/1/items/gov.uscourts.ilnd.246475/gov.uscourts.ilnd.246475.docket.html

 

[maestro pistolero]

Next: Status hearing Oct 9, 2012.

MINUTE entry before Honorable Virginia M. Kendall:Unopposed MOTION by Plaintiffs Action Target, Inc., Joseph I. Brown, Rhonda Ezell, William Hespen, Illinois State Rifle Association, Second Amendment Foundation, Inc. for extension of time to complete discovery 174 is granted. Fact Discovery ordered closed by 9/27/2012. Dispositive motions with supporting memoranda due by 10/26/2012. Responses due by 11/30/2012. Replies due by 12/14/2012. Ruling will be made by mail. Status hearing set for 10/9/2012 at 09:00 AM. Motion hearing set for 8/14/2012 on this motion is hereby stricken.Mailed notice (tsa, ) (Entered: 08/13/2012)

Looks like the next decision will be (hopefully) in the first quarter 2013?

 

[armoredman]

Draaaaaaaaaggggg it out, and how many people are getting victimized while the wheels of justice grind so slowly, deliberately, by this judge who thinks the city of Chicago knows better than the Circuit Court?

 

[Al Norris]

The latest docket entries:

11/02/2012 188 MOTION by Defendant City Of Chicago to strike interrogatory responses and bar plaintiffs from introducing new claims (Attachments: # 1 Exhibit A-H)(Hirsch, Rebecca) (Entered: 11/02/2012)

11/02/2012 189 NOTICE of Motion by Rebecca Alfert Hirsch for presentment of motion to strike 188[RECAP] before Honorable Virginia M. Kendall on 11/8/2012 at 09:00 AM. (Hirsch, Rebecca) (Entered: 11/02/2012)

11/08/2012 190 MINUTE entry before Honorable Virginia M. Kendall:Motion to strike 188[RECAP] is entered and briefed as follows: Responses due by 11/29/2012. Replies due by 12/13/2012. Ruling set for 1/29/2012 at 9:00 a.m. The Court suspends the expert discovery cut off until a ruling on the pending motion has been made. Advised in open court notice (tsa, ) (Entered: 11/08/2012)

At the link (within the quoted docket) we see that Chicago is complaining that the Plaintiffs are not playing fair. Document 190 is Judge Kendall ordering briefs on the motion.

I can hardly wait to see Alan Gura's response.

When we talk about delays, how can Chicago, with a straight face, complain about the plaintiffs! They (Chicago) have done everything they can to string this out.

When we talk about the nature of the interrogatories, Chicago asked questions that were not even close to being on point, and the Magistrate allowed it, despite the plaintiffs objections.

I expect this Judge to bow to Chicago's demands, even as the court has done in the past.

Gura is building another set of circumstances with which to appeal.

 

[Al Norris]

Here is the latest movement in the Ezell case. MDSHooters member jrosenberger gets credit for updating the docket... Certain files were RECAPed as necessary for this report.

2012-11-02 188 MOTION by Defendant City Of Chicago to strike interrogatory responses and bar plaintiffs from introducing new claims (Attachments: # 1 Exhibit A-H)(Hirsch, Rebecca) (Entered: 11/02/2012)

2012-11-02 189 NOTICE of Motion by Rebecca Alfert Hirsch for presentment of motion to strike 188 before Honorable Virginia M. Kendall on 11/8/2012 at 09:00 AM. (Hirsch, Rebecca) (Entered: 11/02/2012)

2012-11-08 190 MINUTE entry before Honorable Virginia M. Kendall:Motion to strike 188 is entered and briefed as follows: Responses due by 11/29/2012. Replies due by 12/13/2012. Ruling set for 1/29/2012 at 9:00 a.m. The Court suspends the expert discovery cut off until a ruling on the pending motion has been made. Advised in open court notice (tsa, ) (Entered: 11/08/2012)

2012-11-28 191 RESPONSE by Action Target, Inc., Joseph I. Brown, Rhonda Ezell, William Hespen, Illinois State Rifle Association, Second Amendment Foundation, Inc.in Opposition to MOTION by Defendant City Of Chicago to strike interrogatory responses and bar plaintiffs from introducing new claims 188 (Attachments: # 1 Exhibit 1 - 041112 e-mail, # 2 Exhibit 2 - 042512 letter, # 3 Exhibit 3 - KramerOne Report, # 4 Exhibit 4 - 040212 e-mail)(Sigale, David) (Entered: 11/28/2012)

2012-12-01 192 MOTION by Plaintiffs Action Target, Inc., Joseph I. Brown, Rhonda Ezell, William Hespen, Illinois State Rifle Association, Second Amendment Foundation, Inc. for extension of time for Dispositive Motions (Sigale, David) (Entered: 12/01/2012)

2012-12-01 193 NOTICE of Motion by David G. Sigale for presentment of extension of time 192 before Honorable Virginia M. Kendall on 12/10/2012 at 09:00 AM. (Sigale, David) (Entered: 12/01/2012)

2012-12-03 194 MOTION by Plaintiffs Action Target, Inc., Joseph I. Brown, Rhonda Ezell, William Hespen, Illinois State Rifle Association, Second Amendment Foundation, Inc. for leave to file Second Amended Complaint (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Sigale, David) (Entered: 12/04/2012)

2012-12-04 195 NOTICE of Motion by David G. Sigale for presentment of motion for leave to file, 194 before Honorable Virginia M. Kendall on 12/10/2012 at 09:00 AM. (Sigale, David) (Entered: 12/04/2012)

2012-12-10 196 MINUTE entry before Honorable Virginia M. Kendalllaintiff's motion for extension of time 192 is granted. MOTION by Plaintiffs Action Target, Inc., Joseph I. Brown, Rhonda Ezell, William Hespen, Illinois State Rifle Association, Second Amendment Foundation, Inc. for leave to file Second Amended Complaint 194 is taken under advisement. Defendant to file a combined response/reply by 12/13/2012. Status hearing set for 1/29/2013 @ 9:00 a.m.Advised in open court notice (tsa, ) (Entered: 12/10/2012)

Doc 191, is David Sigale's Response in opposition to Chicago's Motion to Strike: http://www.archive.org/download/gov.uscourts.ilnd.246475/gov.uscourts.ilnd.246475.191.0.pdf Followed by Doc 194, Motion to file 2nd Amended Complaint: http://www.archive.org/download/gov.uscourts.ilnd.246475/gov.uscourts.ilnd.246475.194.0.pdf

Doc 194.5, Proposed 2nd Amended Complaint: http://www.archive.org/download/gov.uscourts.ilnd.246475/gov.uscourts.ilnd.246475.194.5.pdf

 

[press1280]

I have to ask why we're still here with this case? This judge has showed she will side with Chicago at every turn, so it would seem prudent to go over her head........

 

[zukiphile]

I have to ask why we're still here with this case? This judge has showed she will side with Chicago at every turn, so it would seem prudent to go over her head........

Appeal is only an option after a final appealable order. If a case is a book, one has to wait until he reads the final chapter to decide he doesn't like it.

 

[Baba Louie]

http://www.chicagotribune.com/news/...s-concealedcarry-ban-20121211,0,7034171.story

Well, I'll be...

 

[BGutzman]

Struck down and it seems from what I have read a injunction!!!!! Now the real question remains as to what kind of crazy law they now draft...

 

[LockedBreech]

This is great news! I've been reading important Posner opinions as part of law school for quite a while now. I thought the majority opinion was very good reading.

 

[Luger_carbine]

I think Moore changes Ezell...

Chicago has been handed a loss with Moore, but now there will be trickle down as the lower courts are forced to follow CA7's ruling, and Chicago will be handed one defeat after another.

 

[Tom Servo]

Now the real question remains as to what kind of crazy law they now draft

Chicago complied with McDonald as little as they could get away with. I expect them to do the same here. That's what Kachalsky and Woollard will hopefully address.

 

[hermannr]

Do you think this might be what Gura was waiting for in MD, NY and NJ?

 

[Luger_carbine]

I don't see how Moore helps Woolard, unless it just convinces King and Davis of the futility of their anti-gun sentiments and they give in and just interpret Heller/McDonald without massaging it in some anti-gun tactic.

 

[hermannr]

split circuits don't help in obtaining cert to the Supremes?

 

[maestro pistolero]

split circuits don't help in obtaining cert to the Supremes?

Of course, but Moore can influence other cases before they even get to that point. It's not binding, but even in other circuits, a strong Posner opinion is highly persuasive authority. This reasoning used here will bleed into many other decisions.

 

[Al Norris]

When I last looked at Ezell (Dec. 13, 2012), the plaintiffs had motioned for leave to file a SAC (second amended complaint). Doc 194 is the motion and the reasons for the motion. Doc 194.5 is the intended SAC.

Of course, Chicago came up with all kinds of specious reasons why the plaintiffs should not be allowed a SAC and also why the court should effectively stop the plaintiffs from pursuing the full breadth of their challenge (see Doc 188 for the motion and Doc 197 for the reply).

After some shuffling of times and schedules, a hearing was held on Feb 4, 2013 before Judge Kendall where she denied Chicagos 188 motion and granted plaintiffs 194 motion.

Plaintiffs promptly filed their SAC (Doc 200) before the court clerk could even file the Judges orders (Doc 202)! Quite frankly, the way things had been going, I was stunned that Judge Kendall sided with Gura and Sigale. But perhaps I shouldn't been.

Back on Dec 11th, Luger_Carbine had this to say about the news from the Moore decision:

I think Moore changes Ezell...

Chicago has been handed a loss with Moore, but now there will be trickle down as the lower courts are forced to follow CA7's ruling, and Chicago will be handed one defeat after another.

I have to think that this turn-about can only have come with the added pressure of Judge Posner's decision in Moore. This may also be the beginning of the end of this saga with Chicago.

The full docket is on the Internet Archive, but here is the relevant portions and links:

12/03/2012 194 MOTION by Plaintiffs Action Target, Inc., Joseph I. Brown, Rhonda Ezell, William Hespen, Illinois State Rifle Association, Second Amendment Foundation, Inc. for leave to file Second Amended Complaint (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Sigale, David) (Entered: 12/04/2012)

12/04/2012 195 NOTICE of Motion by David G. Sigale for presentment of motion for leave to file, 194 before Honorable Virginia M. Kendall on 12/10/2012 at 09:00 AM. (Sigale, David) (Entered: 12/04/2012)

12/10/2012 196 MINUTE entry before Honorable Virginia M. Kendalllaintiff's motion for extension of time 192 is granted. MOTION by Plaintiffs Action Target, Inc., Joseph I. Brown, Rhonda Ezell, William Hespen, Illinois State Rifle Association, Second Amendment Foundation, Inc. for leave to file Second Amended Complaint 194 is taken under advisement. Defendant to file a combined response/reply by 12/13/2012. Status hearing set for 1/29/2013 @ 9:00 a.m.Advised in open court notice (tsa, ) (Entered: 12/10/2012)

12/13/2012 197 REPLY by Defendant City Of Chicago In Support Of Motion To Bar Additional Claims and Response To Plaintiffs' Motion For Leave To File Second Amended Complaint (Hirsch, Rebecca) (Entered: 12/13/2012)

01/28/2013 198 MINUTE entry before Honorable Virginia M. Kendall: Status hearing set for 1/29/2013 is stricken and reset to 2/4/2013 at 09:00 AM.Mailed notice (tsa, ) (Entered: 01/28/2013)

01/28/2013 199 MINUTE entry before Honorable Virginia M. Kendall:Ruling on motion to strike 188 is reset to 2/4/2013 at 09:00 AM. Mailed notice (tsa, ) (Entered: 01/28/2013)

02/04/2013 200 SECOND AMENDED complaint by Illinois State Rifle Association, Rhonda Ezell, Action Target, Inc., William Hespen, Joseph I. Brown, Second Amendment Foundation, Inc. against City Of Chicago (Sigale, David) (Entered: 02/04/2013)

02/04/2013 201 NOTICE by All Plaintiffs re amended complaint 200 (Notice of FiIing) (Sigale, David) (Entered: 02/04/2013)

02/04/2013 202 MINUTE entry before Honorable Virginia M. Kendall: Status hearing held on 2/4/2013. For the reasons set forth in the Court's forthcoming Memorandum Opinion and Order, Defendant City of Chicago's motion to strike interrogatory responses and bar plaintiff from introducing new claims 188 is denied and Plaintiffs' motion for leave to file second amend complaint 194 is granted. Plaintiffs' second amended complaint is due by February 7, 2013. Defendant's answer is due by March 4, 2013. A status hearing is set for 2/28/2013 at 9:00 a.m. Mailed notice (meg, ) (Entered: 02/05/2013)