Palmer files a motion to hold DC in contempt of court

[cloudcroft]

...but not ANY movement towards shall-issue, just some lip-service, act-like-we-care "trivia" only.

Sad...

The court will need to FORCE DC to do what it SHOULD be doing. And the sooner, the better.

Then, we need Federal District Court 9 to FORCE HI to do the very same...and the Federal District Courts of ALL of the OTHER states with "may-issue" policies (IIRC, 9 such states in total).

Actually, the spineless SCOTUS should be calling these states unconstitutional...but they avoid "controversial" legal issues whenever possible.

 

[swinokur]

DC has asked the Circuit to"hold" their appeal pending the outcome at District.

seems like trying to preserver their appeal rights without actually appealing.

IANAL.

11/25/2014 ENTRY OF APPEARANCE [1524393] filed by Holly M. Johnson and co-counsel Todd S. Kim on behalf of Appellants DC and Cathy L. Lanier. [14-7180] (Johnson, Holly)

11/25/2014 INCORRECT DOCKET ENTRY-DISREGARD--MOTION filed [1524395] by DC and Cathy L. Lanier to hold case in abeyance (Response to Motion served by mail due on 12/08/2014) [Service Date: 11/25/2014 by CM/ECF NDA] Pages: 1-10. [14-7180]--[Edited 11/26/2014 by JJA] (Johnson, Holly)

11/25/2014 CORRECTED MOTION filed [1524398] by DC and Cathy L. Lanier to hold case in abeyance (Response to Motion served by mail due on 12/08/2014) [Service Date: 11/25/2014 by CM/ECF NDA] Pages: 1-10. [14-7180] (Johnson, Holly)

 

[swinokur]

DC's response submitted per Sculin's order.

 

[rightwinglibertarian]

DC's response submitted per Sculin's order.

The Court should deny the motion because the District has complied fully with the
Court’s Order, currently on appeal to the D.C. Circuit.
To justify a finding of contempt, plaintiffs must show that the District violated an order
that was “clear and unambiguous” by “clear and convincing evidence,” and that the District has
failed to make a good-faith substantial effort to comply with the Order.

ummmm.....so so much fail here :banghead:

 

[California Right To Carry]

Palmer Reply to DC Opposition to Contempt Motion

Update December 12, 2014 - Here is the response by Palmer to the DC Opposition to the contempt motion. The response was filed yesterday. -> Doc 86 – Palmer Reply to DC Opposition to Contempt Motion

 

[swinokur]

Gura filed a motion for summary affirmance asking the court affirm the district court's favorable decision without further briefing. That was denied, which means that the case is assigned to a merits panel and the district's appeal will be fully briefed and argued. The denial was not a surprise because the standard for summary affirmance is very difficult to meet and was not satisfied here.

The district asked to the court appeals to hold its appeal in abeyance (not proceed with full briefing and argument) pending the current enforcement proceedings in district court. Gura strongly opposed and the court just agreed with Gura. That means that the case will go to full briefing and argument without waiting for the district court's decision on pending motions. Here it is again.

 

[davidmcbeth]

Thanks swinokur ... the pdf was appreciated

 

[swinokur]

you got it Dave.

 

[swinokur]

Gura's response.
.

 

[swinokur]

DC being called out on their foot dragging.

 

[blahpony]

Good. This is getting ridiculous.

Well, OK. More ridiculous.

 

[Superlite27]

....So as of now, the last action I see to have taken place on the case docket is submittal #88 by alan Gura on April 2nd, a notice concerning D.C.'s "appeal------> drop the appeal" stall tactics used to delay judgement.

What is the next occurrence and when is it likely to occur?

I'm assuming judgement on finding D.C. in contempt/not in contempt is the next thing, correct?

In order to keep my easily distracted mind focused, could a pundit more versed in lawyerspeak summarize what will likely occur and its meaning?

If D.C. is found in contempt.....what does that do?

If not..........?

What effect does the finding of contempt/not in contempt have on Mr. Palmer and firearm rights in D.C., generally, and is there any guess on a general timeframe when this will likely occur?

 

[press1280]

....So as of now, the last action I see to have taken place on the case docket is submittal #88 by alan Gura on April 2nd, a notice concerning D.C.'s "appeal------> drop the appeal" stall tactics used to delay judgement.

What is the next occurrence and when is it likely to occur?

I'm assuming judgement on finding D.C. in contempt/not in contempt is the next thing, correct?

In order to keep my easily distracted mind focused, could a pundit more versed in lawyerspeak summarize what will likely occur and its meaning?

If D.C. is found in contempt.....what does that do?

If not..........?

What effect does the finding of contempt/not in contempt have on Mr. Palmer and firearm rights in D.C., generally, and is there any guess on a general timeframe when this will likely occur?

I believe this case has effectively been dropped. DC has caved, but only in that they are not fighting for the total ban anymore. Wrenn v. DC ("good cause") will now take over.

 

[swinokur]

Can't DC still be held in contempt for non compliance with the original order from the court?

 

[Superlite27]

So, since the case has been "effectively dropped"........

Does this means D.C. is scrapping its "new, old law" and enacting a licensing mechanism consistent with Constitutional standards?

When is this mandated to occur.....since it has already passed the date so ordered in the original judgement?

Does D.C. now get a "bye" until they comply with the original finding in.....let's say....15 or 20 years?

The case (Palmer vs. D.C.) is still left unresolved as Palmer's injury, inability to obtain a CCW as previously posessed, has not been remedied.

1) The court ruled that D.C. had to enact a licensing mechanism consistent with Constitutional standards.

2) D.C. enacted "may issue" with impossible requirements.

3) Palmer did not "qualify".

4) Gura made a motion to hold D.C. in contempt, as Palmer's injury was not remedied.


...and now we're told the case is effectively dropped.


???

This means the above, right? D.C. has agreed to enact a Constitutionally agreeable licensing scheme to resolve Palmer's complaint?

When does this go into effect? When does Palmer get to holster his lawfully carried firearm for a stroll down the sidewalk in front of the Lincoln Memorial?

 

[press1280]

So, since the case has been "effectively dropped"........

Does this means D.C. is scrapping its "new, old law" and enacting a licensing mechanism consistent with Constitutional standards?

When is this mandated to occur.....since it has already passed the date so ordered in the original judgement?

Does D.C. now get a "bye" until they comply with the original finding in.....let's say....15 or 20 years?

The case (Palmer vs. D.C.) is still left unresolved as Palmer's injury, inability to obtain a CCW as previously posessed, has not been remedied.

1) The court ruled that D.C. had to enact a licensing mechanism consistent with Constitutional standards.

2) D.C. enacted "may issue" with impossible requirements.

3) Palmer did not "qualify".

4) Gura made a motion to hold D.C. in contempt, as Palmer's injury was not remedied.


...and now we're told the case is effectively dropped.


???

This means the above, right? D.C. has agreed to enact a Constitutionally agreeable licensing scheme to resolve Palmer's complaint?

When does this go into effect? When does Palmer get to holster his lawfully carried firearm for a stroll down the sidewalk in front of the Lincoln Memorial?

My info was wrong, I checked the archive and Palmer is still pursuing the contempt motion. DC is dropping their appeal, and we are waiting on Scullin to decide that. Of course, if he does decide DC is in contempt, watch DC run to the DC Circuit for an appeal.

 

[California Right To Carry]

My info was wrong, I checked the archive and Palmer is still pursuing the contempt motion. DC is dropping their appeal, and we are waiting on Scullin to decide that. Of course, if he does decide DC is in contempt, watch DC run to the DC Circuit for an appeal.

If DC is held in contempt it is highly unlikely there will be an appeal. Such a contempt holding would be largely symbolic with no real repercussions against the city.

 

[Thundar]

If DC is held in contempt it is highly unlikely there will be an appeal. Such a contempt holding would be largely symbolic with no real repercussions against the city.

CRTC,

The meaningful or symbolic nature of a contempt finding would be predicated upon Scullins remedy rather than his finding. In his original ruling Scullins indicated may issue as not an appropriate response by the federal district. Whether Scullin addresses the issue in the contempt hearing or waits for the new may issue case to mature is very hard to predict. I know you have your opinions, most of which I agree with, but he is a senior judge who was assigned this case by the chief Justice of SCOTUS. We could yet see fireworks from this case.

Thundar

 

[deepdiver]

CRTC,

The meaningful or symbolic nature of a contempt finding would be predicated upon Scullins remedy rather than his finding. In his original ruling Scullins indicated may issue as not an appropriate response by the federal district. Whether Scullin addresses the issue in the contempt hearing or waits for the new may issue case to mature is very hard to predict. I know you have your opinions, most of which I agree with, but he is a senior judge who was assigned this case by the chief Justice of SCOTUS. We could yet see fireworks from this case.

Thundar

BRB - gotta get more popcorn....

 

[HPmatt]

I wonder if you could speed the DC government along by having a press release/media day (with Tv cameras and your attorneys present) handing out spent brass on DC street corners on the 4th of July ?

Do a little of that Liberal Activism back-at'em

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