Miller vs Walker - IllinoisCarry Joins Challenge of Day Care Licensee Handgun Ban

[Euler]

On August 28, 2024 at 07:05 AM CDT, Yeti said:→

Thanks for the flurry of updates Euler! Appreciate your contributions to the site very much.

On August 28, 2024 at 09:56 AM CDT, Molly B. said:→

YES!! Greatly appreciated!

The courts got busy last week. "OMG! It's almost September."

Edited August 28, 2024 at 08:48 PM by Euler

[JTHunter]

On 8/28/2024 at 3:44 PM, Euler said:

The courts got busy last week. "OMG! It's almost September."

 

 

Possibly even more than that, the SC comes back into session in what - 6 weeks?

[Euler]

On August 28, 2024 at 12:43 AM CDT, Euler said:→

...
On August 26, the judge set the following schedule:

10/04: amended complaint due
10/16: status hearing

On October 4, the plaintiffs filed their amended complaint.

[Euler]

On November 26, the magistrate judge set the following schedule:

12/15: initial disclosures due; parties to agree to method/platform for preservation of electronic stored information
12/31: proposals to settle conflicts for preservation of ESI due

2025
01/15: amendments to pleadings due
03/15: fact discovery complete
04/15: experts identified and expert reports due
05/15: expert depositions complete
06/16: rebuttal experts identified and rebuttal expert reports due
06/30: rebuttal expert depositions complete; all discovery complete
08/29: dispositive motions due

2026
01/16: final pretrial conference
01/20: trial

[Molly B.]

2026 will make 8 years to take this case from the first filing to appellate court back to district court and trial. 

[TomKoz]

On 11/26/2024 at 10:41 PM, Molly B. said:

2026 will make 8 years to take this case from the first filing to appellate court back to district court and trial. 

UNACCEPTABLE !!!

 

We need Legal Reform !

[Jeffrey]

Shoulda hired Jessie Smellits lawyers.  

[Euler]

Personally, I wonder what facts there are to discover for this case. It should be a matter of law, not a matter of fact.

Barnett had to have expert testimony, because CA7 said that "Assault Weapons" could be banned if they were "militaristic," so there had to be a determination of fact about that. I don't believe there's any such issue in this case.

[TomKoz]

On 11/27/2024 at 6:56 PM, Euler said:

Personally, I wonder what facts there are to discover for this case. It should be a matter of law, not a matter of fact.

Barnett had to have expert testimony, because CA7 said that "Assault Weapons" could be banned if they were "militaristic," so there had to be a determination of fact about that. I don't believe there's any such issue in this case.

What is a Day Care Licensee?

They need to establish the Fact as to what “is” means !!!

[John Q Public]

They don't even say licence....

[Euler]

On August 22, the state filed for leave to file documents in excess of the usual page limit.

Dispositive motions are due on August 29, so apparently the state has some big ones it intends to file.

Discovery was supposed to be complete on June 30. There hasn't been any effort to extend that date, so presumably it completed on schedule. The trial is still scheduled for January.

[Euler]

On August 28, plaintiffs asked to extend the deadline to file dispositive motions.

[Euler]

On September 5, the state filed several documents and motion.

• It filed a motion for summary judgment.
• It filed its own discovery and expert reports.
• It filed a document under seal, presumably discovery with PII.
• It filed a renewed motion to exclude plaintiffs' expert (Marty Hayes) report. It originally filed a motion to exclude the plaintiffs' expert in August 2021.

[Euler]

On September 8, plaintiffs filed their own motion for summary judgment and several exhibits. The arguments focus on the lack of existence of any founding-era analog for a day care ban and the assertion that foster homes and home day cares are not sensitive places.

[Upholder]