Wrenn PI Granted (DC Shall Issue)

[Stoveman]

Whoever is up next for a Maryland Permit, really needs to ask this question of the HPRB...

Wouldn't matter, West will avert her eyes downward to the doodles on her notepad and Cowan will appear to not have heard the question.

 

[swinokur]

IMO the only use for any evidence is if a court challenge is raised by an individual applicant

The 4 CA has already weighed in, and not in our favor.

 

[HaveBlue]

Should we being seeing results from this case before Christmas?

 

[Klunatic]

Should we being seeing results from this case before Christmas?

Well...... Christmas is more than "2 weeks" away so we probably will.

 

[danb]

Yeah, we will get results before Christmas, 2018.

 

[swinokur]

3% is my guess.

 

[HaveBlue]

Small update: Kollar-Kotelly filed an order on 11/30 basically saying that all discovery/motions were due by 12/23/16. And a A "status conference" is scheduled for 1/12/17 @ 1000.

At least they haven't completely forgotten about it.....

 

[press1280]

Small update: Kollar-Kotelly filed an order on 11/30 basically saying that all discovery/motions were due by 12/23/16. And a A "status conference" is scheduled for 1/12/17 @ 1000.

At least they haven't completely forgotten about it.....

Why would the district court be having a status conference when we are waiting for the DC circuits ruling?

 

[esqappellate]

Why would the district court be having a status conference when we are waiting for the DC circuits ruling?

The appeals are in the DC Circuit on decisions on motions for a preliminary injunction. Which means that the case still stays in DCT even while the appeal is pending. Perfectly proper for the DCT to conduct further proceedings, if the judge so desires or the parties do.

 

[esqappellate]

Yeah, we will get results before Christmas, 2018.

I can appreciate that it is easy to be cynical. But the DC Circuit almost never is that slow, even on issues like the 2A. For example, Heller III was argued in late April and decided in September. That's about average for the DC Circuit on important cases. I expect a decision in Wrenn/Grace in January or February.

 

[GTOGUNNER]

Small update: Kollar-Kotelly filed an order on 11/30 basically saying that all discovery/motions were due by 12/23/16. And a A "status conference" is scheduled for 1/12/17 @ 1000.

At least they haven't completely forgotten about it.....

The appeals are in the DC Circuit on decisions on motions for a preliminary injunction. Which means that the case still stays in DCT even while the appeal is pending. Perfectly proper for the DCT to conduct further proceedings, if the judge so desires or the parties do.

It has been awhile. Just want to recap. In Wrenn K-K denied a PI and that is being appealed, meanwhile Litigation continues.
In Grace, Judge 2A Grants PI. Both PI's are stayed pending appeal.

Is that where we are?

 

[krucam]

It has been awhile. Just want to recap. In Wrenn K-K denied a PI and that is being appealed, meanwhile Litigation continues.
In Grace, Judge 2A Grants PI. Both PI's are stayed pending appeal.

Is that where we are?

Oral Arguments were held in September for Wrenn and Grace, same day, same panel...

 

[GTOGUNNER]

Oral Arguments were held in September for Wrenn and Grace, same day, same panel...

Right. In Court of Appeals but only concerning the Preliminary Injunctions . Meanwhile the cases continue in US District Court. I am just trying to remind myself where the cases are now.
Just want to know if what I believe to be the sitrep is correct.

 

[Kharn]

I can appreciate that it is easy to be cynical. But the DC Circuit almost never is that slow, even on issues like the 2A. For example, Heller III was argued in late April and decided in September. That's about average for the DC Circuit on important cases. I expect a decision in Wrenn/Grace in January or February.

IIRC, en banc is rare in the DC Circuit, right? Do you think the PI has a chance at cert if Peruta doesn't get it?

 

[HaveBlue]

The appeals are in the DC Circuit on decisions on motions for a preliminary injunction. Which means that the case still stays in DCT even while the appeal is pending. Perfectly proper for the DCT to conduct further proceedings, if the judge so desires or the parties do.

Think there will be further arguments in the District Court or a series of written briefs? I really enjoy watching them live.

Strategy question: I'm also curious to know what you you think having both PI appeals hearings on the same day/panel? Do you think that gave us the opportunity to add our strengths or more surface area to attack? After all, PI's would have the same impact.

I realize it was more efficient for the court and DC but, did it help us?

 

[esqappellate]

It has been awhile. Just want to recap. In Wrenn K-K denied a PI and that is being appealed, meanwhile Litigation continues.
In Grace, Judge 2A Grants PI. Both PI's are stayed pending appeal.

Is that where we are?

The grant of the PI in Grace was stayed pending appeal, not the denial of the PI in Wrenn. You are correct that the litigation may continue in both Grace and Wrenn.

 

[esqappellate]

Think there will be further arguments in the District Court or a series of written briefs? I really enjoy watching them live.

Strategy question: I'm also curious to know what you you think having both PI appeals hearings on the same day/panel? Do you think that gave us the opportunity to add our strengths or more surface area to attack? After all, PI's would have the same impact.

I realize it was more efficient for the court and DC but, did it help us?

Consolidation of two cases on appeal for purposes of oral argument is a very standard procedure when the same issue is presented in both cases. It is in the interest of justice as it allows the court to hear from all parties at the same time while avoiding conflicting opinions (or a race to a decision) by two different panels. The mere fact of consolidation is neither a plus nor a minus. What matters is the panel and we drew a pretty good panel. As to proceedings in district court, those courts have the option of conducting further proceedings, but it is likely (IMHO) that neither court will do much pending a decision from the court of appeals. The scope of further proceedings will be largely dictated by what the court of appeals does.

 

[HaveBlue]

OK. How about Easter '17?

Better odds than the NE Patriots?

 

[esqappellate]

OK. How about Easter '17?

Better odds than the NE Patriots?

I would expect a decision by April at the latest. Of course that is a guess

 

[Inigoes]

OK. How about Easter '17?

Better odds than the NE Patriots?

I would expect a decision by April at the latest. Of course that is a guess

Easter is 4/16/2017