FFL-IL v Pritzker

[jcable2]

On 1/26/2023 at 2:30 PM, Matt B said:

Welp lost Judge Gilbert here too through another recusal.

 

https://www.courtlistener.com/docket/66755832/federal-firearms-licensees-of-illinois-v-pritzker/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc#entry-16

Something is up all are being transferred to this Obama appointed Judge. Something smells off on this. 

[Dumak_from_arfcom]

On 1/26/2023 at 2:45 PM, jcable2 said:

Something is up all are being transferred to this Obama appointed Judge. Something smells off on this. 

 

So a Gilbert recusal and then the case is picked up by the Chief Judge who is an Obama appointee and probably the worst judge we could get.  Makes me wonder how that happened. 

This is why the dems are so confident they'll win. They know how to play the game of lawfare.   

[Upholder]

 

On 1/26/2023 at 2:53 PM, Dumak_from_arfcom said:

This is why the dems are so confident they'll win. They know how to play the game of lawfare.

 

They cannot win.  They can only delay the inevitable.  EVEN IF everything goes totally sideways at this level, there is no getting around the 7th circuit which has already noted that the Second Amendment is now a "supercharged right".

[Molly B.]

Correct!

[Dumak_from_arfcom]

On 1/26/2023 at 3:00 PM, Upholder said:

 

 

They cannot win.  They can only delay the inevitable.  EVEN IF everything goes totally sideways at this level, there is no getting around the 7th circuit which has already noted that the Second Amendment is now a "supercharged right".

Yep I agree this is over when it gets to 7th, but they can delay a long time.   

I have no doubt shenanigans are at foot here. IANAL, but my friend who is, tells me these moves are meant to deny injunctions that we almost assuredly would have been granted given the original assigned judges. 

In the mean time, we'll be losing more FFLs and good people will get caught up in what I suspect is going to be thug-like enforcement of this law. 

 

[Plinkermostly]

On 1/26/2023 at 3:18 PM, Molly B. said:

Correct!

 

 

Bless you!

[Talonap]

So people are being bought off to do this.

[2A4Cook]

What was the rationale given for the recusal?

[springfield shooter]

On 1/26/2023 at 3:59 PM, Talonap said:

So people are being bought off to do this.

 

Well, this link from another thread says no. The article, from the Madison-St. Clair Record and dated 6/8/2016, gives the reason for Judge Gilbert's recusals.

 

"U.S. District Judge Phil Gilbert will no longer preside over cases involving state government due to his position as trustee at Southern Illinois University."

 

https://madisonrecord.com/stories/510793356-gilbert-reassigned-from-133-cases-due-to-position-as-siu-trustee

Edited January 26, 2023 at 11:05 PM by springfield shooter

[2A4Cook]

On 1/26/2023 at 5:02 PM, springfield shooter said:

 

Well, this link from another thread says no. The article, from the Madison-St. Clair Record and dated 6/8/2016, explains Judge Gilbert's recusals.

 

https://madisonrecord.com/stories/510793356-gilbert-reassigned-from-133-cases-due-to-position-as-siu-trustee

Thanks.  He needs to resign from one position or the other.  Do your damned job, if you're a judge!  The State is likely the most common single party before the court, you can't recuse yourself for this.  How in the heck was he even allowed to accept an appointment to that position, when all involved knew it created a conflict of interest? And, IMO, where these cases are ultimately winding up is no coincidence.  This state is as corrupt as a banana republic!

Edited January 26, 2023 at 11:12 PM by 2A4Cook

[mousegun6]

When the senate president said "see you in court", he and the dems already had the legal roadmap drawn and they are following it. None of this is unexpected. In Illinois, everything is corrupted by democratic pols. They are playing for time. If they can consolidate the cases and get in front of an Obama judge then they can get a win and delay the process. They want to delay until after the ISP has the registration scheme set up and they can find out what everybody has in their possession. If you don't register then they can claim you are a felon after Jan 1, 2024. If they can delay the court ruling in our favor they have what they want, which is a big political splash and a reason to take away gun rights from a bunch of non-democrats.Tyrants do not play fair.  They think of us as their lowly subjects. Get ready for a long fight and some dark days ahead. Hopefully, the Supreme Court will eventually take them to task and restore our 2nd Amendment rights.

Edited January 26, 2023 at 11:50 PM by mousegun6

[gunuser17]

Judge Gilbert is a senior judge which means he already has one foot out the door to retirement.  He doesn't have to take any case that he doesn't want to deal with.  He probably just didn't want to deal with this  and the amount of work that will need to be put into it all at once.  The conflict is just something to hang his hat on publicly.  Cases in Federal Court are usually assigned randomly to judges by the clerk's office and I expect that is just what happened here initially and after Judge Gilbert recused himself.  The Southern District only has 4 full time judges and Judge Gilbert.  Judges Rosenstengel (the Chief Judge ) and Yandle were appointed by Obama.  Judges Dugan and McGlynn were appointed by Trump so it was a 50-50 chance on the next judge.

 

Also, I fully expect that the cases would be consolidated for discovery and preliminary purposes and possible for trial.  The Federal Rules are set up to do this even if the cases are filed in multiple districts in the state.  I was somewhat surprised that all of the plaintiffs that wanted to file in federal court didn't get together for one case and saved the money on all of the complaint preparation costs.  Perhaps they have been coordinating behind the scenes and perhaps they just couldn't get along well enough.

Edited January 27, 2023 at 12:22 AM by gunuser17

[2A4Cook]

On 1/26/2023 at 6:20 PM, gunuser17 said:

Judge Gilbert is a senior judge which means he already has one foot out the door to retirement.  He doesn't have to take any case that he doesn't want to deal with.  He probably just didn't want to deal with this  and the amount of work that will need to be put into it all at once.  The conflict is just something to hang his hat on publicly.  Cases in Federal Court are usually assigned randomly to judges by the clerk's office and I expect that is just what happened here initially and after Judge Gilbert recused himself.  The Southern District only has 4 full time judges and Judge Gilbert.  Judges Rosenstengel (the Chief Judge ) and Yandle were appointed by Obama.  Judges Dugan and McGlynn were appointed by Trump so it was a 50-50 chance on the next judge.

 

Also, I fully expect that the cases would be consolidated for discovery and preliminary purposes and possible for trial.  The Federal Rules are set up to do this even if the cases are filed in multiple districts in the state.  I was somewhat surprised that all of the plaintiffs that wanted to file in federal court didn't get together for one case and saved the money on all of the complaint preparation costs.  Perhaps they have been coordinating behind the scenes and perhaps they just couldn't get along well enough.

Yeah, wadda coinkydink ...

[Euler]

On January 30 (as noted elsewhere in these forums), this case has been transferred to Judge Stephen Patrick McGlynn.

[mab22]

On 1/31/2023 at 9:14 PM, Euler said:

On January 30 (as noted elsewhere in these forums), this case has been transferred to Judge Stephen Patrick McGlynn.

So a Trump Judge, based on forum info?

 

[steveTA84]

On 2/1/2023 at 8:04 AM, mab22 said:

So a Trump Judge, based on forum info?

 

A Trump appointed judge who also appears to greatly respect an important constitutional and civil right 

[Hap]

Todd’s videos have done a good job of emphasizing the need for patience as this early maneuvering plays out.

[Tvandermyde]

we filed our motion for a preliminary injunction today, when I get a file stamped copy, I will post it. 

 

Remember, that while the other suits deal with guns and mags, our suit here deals with guns and parts. 

 

I'll post more once it's printed

[Tvandermyde]

here is the motion

MotionPreliminaryInjunction020623.pdf PrattDeclaration020623 (3).pdf EldridgeDeclaration020623 (1).pdf BockDeclaration20623.pdf

[Upholder]

Court listener has the plaintiff's motion for preliminary injunction: https://storage.courtlistener.com/recap/gov.uscourts.ilsd.94470/gov.uscourts.ilsd.94470.28.0.pdf

[Upholder]

Oh no, there's a typo in a date in the filing.  The plaintiff's whole argument must be thrown out, your honor.   - Raoul, probably

 

[steveTA84]

Let’s hope the judge grants the PI, and then let’s laugh as the floodgates open on people buying the weapons and mags they want banned, cuz that’s exactly what’s gonna happen. 

[Talonap]

On 2/6/2023 at 7:48 PM, steveTA84 said:

Let’s hope the judge grants the PI, and then let’s laugh as the floodgates open on people buying the weapons and mags they want banned, cuz that’s exactly what’s gonna happen. 

If they can find somewhere that will sell them to/in Ilinois.

[Tvandermyde]

why this case is different

 

We are thinking long ball on this and the other pieces. 

 

 

[Upholder]

33 - Feb 16, 2023 - ORDER denying 31 MOTION for Extension of Time. This case is one of four with a preliminary injunction pending regarding the constitutionality of Illinois HB 5471, which is codified at 720 ILCS 5/24-1.9. Although these cases have not been consolidated, the Court wishes to keep them on a similar timetable. Additionally, the Office of the Illinois Attorney General, who recently entered in this case, represents the state defendants in the other three matters that have deadlines of February 28th, March 1st and March 2nd, respectively, so there is no hardship by denying this extension. As such, defendants shall respond to 28 First MOTION for Preliminary Injunction on or before March 2, 2023. Signed by Judge Stephen P. McGlynn on 2/16/2023. (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/16/2023)

[TargetCollector]

That definitely sounds like at least the beginnings of the courts keeping this moving and not stalling on protecting our rights.  I'll try to remain cautiously optimistic.

[Upholder]

Defendants' Agreed Motion for Entry of Proposed Stipulation Regarding Coordinated Preliminary Injunction Briefing:

 

 https://storage.courtlistener.com/recap/gov.uscourts.ilsd.94369/gov.uscourts.ilsd.94369.33.0.pdf

 

 

Quote

Among other things, the agreed stipulation provides one deadline for one
consolidated response by the State Defendants to Plaintiffs’ motions for preliminary injunction
(March 2, 2023), and another deadline for the State Defendants to answer or otherwise plead to all
of Plaintiffs’ respective complaints (March 16, 2023).

 

Edited February 17, 2023 at 08:43 PM by Upholder

[Euler]

Court Order in Barnett v Raoul

Order said:

CALEB BARNETT, et al.,

Plaintiffs,

vs.

KWAME RAOUL, et al.,

Defendants.

Case No. 3:23-cv-209-SPM

** designated Lead Case

 

DANE HARREL, et al.,

Plaintiffs

vs.

KWAME RAOUL, et al.,

Defendants.

Case No. 3:23-cv-141-SPM

 

JEREMY W. LANGLEY, et al.,

Plaintiffs,

vs.

BRENDAN KELLY, et al.,

Defendants.

Case No. 3:23-cv-192-SPM

 

FEDERAL FIREARMS LICENSEES OF ILLINOIS, et al.,

Plaintiffs,

vs.

JAY ROBERT “J.B.” PRITZKER, et al.,

Defendants.

Case No. 3:23-cv-215-SPM

...

The above-referenced cases are consolidated for the purposes of discovery and injunctive relief, with Barnett, et al. v. Raoul, et al, 23-cv-209 designated as the lead case.

...

[Tvandermyde]

Since the FFL case is the only one dealing directly with parts I'm posting this video here.

 

 

 

[russ60477]

😆