DONK v. Grisham (1:23-cv-00772) (D. NM) - Executive Order Banning Public Cary

[Upholder]

Docket: https://www.courtlistener.com/docket/67779443/donk-v-grisham/

 

Randy Donk, Gun Owners Foundation, and Gun Owners of America as plaintiffs suing the NM Governor over her Public Health Order on 9/8/2023 banning all public carry, open or concealed for 30 days in Albuquerque and the surrounding county.

 

Complaint: https://storage.courtlistener.com/recap/gov.uscourts.nmd.492599/gov.uscourts.nmd.492599.1.0_1.pdf

[Upholder]

Quote

To that end, Plaintiffs request an immediate Temporary Restraining Order be issued, on an
emergency basis, followed by a preliminary and then permanent injunction, and also seek
declaratory and other relief. Moreover, because there is literally nothing that Defendants can offer
as a legal defense to their blatant and egregious constitutional violations, Plaintiffs ask that a
restraining order be issued ex parte, without any opportunity for Defendants to respond or be heard.

 

[Upholder]

Docket for the other case, National Association for Gun Rights v. Grisham (1:23-cv-00771) (D. NM): https://www.courtlistener.com/docket/67779183/national-association-for-gun-rights-v-grisham/

 

Complaint: https://storage.courtlistener.com/recap/gov.uscourts.nmd.492592/gov.uscourts.nmd.492592.1.0.pdf

[MrTriple]

Leaving aside the seriousness of the case, I absolutely love the plaintiff's name.

[Upholder]

Docket for the third case filed, We The Patriots USA, INC. v. Grisham (1:23-cv-00773) (D. NM): https://www.courtlistener.com/docket/67779530/we-the-patriots-usa-inc-v-grisham/

 

Complant: https://storage.courtlistener.com/recap/gov.uscourts.nmd.492600/gov.uscourts.nmd.492600.1.0.pdf

[Upholder]

Docket for the fourth case filed as a class action,  Blas v. Grisham (1:23-cv-00774) (D. NM): https://www.courtlistener.com/docket/67779863/blas-v-grisham/

 

Complaint: https://storage.courtlistener.com/recap/gov.uscourts.nmd.492607/gov.uscourts.nmd.492607.1.0.pdf

[Upholder]

DONK v. Grisham, United States District Judge David H. Urias and United States Magistrate Judge Laura Fashing assigned.
 

None of the other cases have an entry for a judge being assigned yet.

[Upholder]

docket entry for Donk v. Grisham: 

 

NOTICE of Hearing on Motion 2 MOTION for Temporary Restraining Order : Motion Hearing set for 9/12/2023 at 11:00 AM in Albuquerque - 420 Mimbres Courtroom before District Judge David H. Urias.

[Upholder]

Blas v. Grisham has been assigned to the same judges as Donk v. Grisham:

 

United States District Judge David H. Urias and United States Magistrate Judge Laura Fashing assigned

[Flynn]

On 9/10/2023 at 11:23 PM, Upholder said:

Docket for the fourth case filed as a class action,  Blas v. Grisham (1:23-cv-00774) (D. NM): https://www.courtlistener.com/docket/67779863/blas-v-grisham/

 

Complaint: https://storage.courtlistener.com/recap/gov.uscourts.nmd.492607/gov.uscourts.nmd.492607.1.0.pdf

 

Quote

This Court has original federal jurisdiction under 42 U.S.C. § 1983

 

That is what I want to see, go after her in her individual capacity for deprivation of rights and financially destroy her and all involved to send a message to others that may be as dumb!

[Upholder]

Donk v Grisham:  The hearing on the Motion for TRO that was this morning scheduled for 11am tomorrow has since been vacated:

 

MINUTE ORDER VACATING the hearing on Temporary Restraining Order set for 9/12/2023. The hearing will be reset at a later date.

 

[Upholder]

We The Patriots USA, INC. v. Grisham has also been assigned to the same judges:

 

United States District Judge David H. Urias and United States Magistrate Judge Laura Fashing assigned

[Upholder]

The 4th case, Blas v. Grisham has also been assigned to the same judges making it a full house:

 

United States District Judge David H. Urias and United States Magistrate Judge Laura Fashing assigned.

[Upholder]

The 5th case has been filed, Fort v. Lujan Grisham (1:23-cv-00778) (D. NM): https://www.courtlistener.com/docket/67784539/fort-v-lujan-grisham/

 

The plaintiffs include the Firearms Policy Coalition, Second Amendment Foundation and the New Mexico Shooting Sports Association

 

Complaint: https://storage.courtlistener.com/recap/gov.uscourts.nmd.492637/gov.uscourts.nmd.492637.1.0.pdf

[Upholder]

6th case filed, Springer v. Grisham (1:23-cv-00779) (D. NM): https://www.courtlistener.com/docket/67784597/springer-v-grisham/

 

Plaintiff appears to be an individual with no groups joining the complaint.

 

Complaint: https://storage.courtlistener.com/recap/gov.uscourts.nmd.492638/gov.uscourts.nmd.492638.1.0.pdf

[Upholder]

Five of the cases (all except Springer v Grisham) have been scheduled for a TRO Motion hearing tomorrow at 1pm in front of District Judge David H. Urias.

[springfield shooter]

On 9/12/2023 at 5:58 PM, Upholder said:

Five of the cases (all except Springer v Grisham) have been scheduled for a TRO Motion hearing tomorrow at 1pm in front of District Judge David H. Urias.

 

Biden nominee. This should be interesting.

[gunuser17]

I don't see the point in throwing all of this money at a number of different cases and different lawyers.  Seems to me it would be a lot more cost efficient to get together and file at most one or two cases.  Seems to be wasting their donors' money and just grandstanding for the ultimate publicity.    There are plenty of other cases/issues that now need or will need money going forward.

[Flynn]

On 9/12/2023 at 8:52 PM, gunuser17 said:

I don't see the point in throwing all of this money at a number of different cases and different lawyers. 

 

Classic don't put all your eggs in one basket...  Yes, it's wasteful, but as we have a long historical record to look at we can see that a plethora of gun cases arguing the same points never go anywhere, then all a sudden one comes out of the gates and shoots up the court ladder while all the rest still go nowhere...  Just look at a case like Rahimi, of all the gun cases that have run up the court ladder and been presented to the Supreme Court, most would argue Rahimi was one of the most random and unexpected to make it, but here we are...

[JamesW]

Audio Link:

 

nmcourt.uscourts.gov/usdcdnm-abq-mimbres/

 

username: audio

Password: 7AE9EC

Edited September 13, 2023 at 08:22 PM by JamesW

[JamesW]

TRO Granted!

[Upholder]

 

 

Quote

The judge says he will issue a written order granting the temporary restraining order against the New Mexico governor's carry ban either today or tomorrow, but it is effective AS OF 2:55PM TODAY. A hearing on the motions for preliminary injunction will be held on October 3rd.

 

[springfield shooter]

On 9/13/2023 at 4:01 PM, Upholder said:

 

 

 

 

I admire the man's fidelity to the Constitution and SCOTUS precedent.

[steveTA84]

On 9/13/2023 at 4:24 PM, springfield shooter said:

 

I admire the man's fidelity to the Constitution and SCOTUS precedent.

And it’s a Biden judge at that. That said, her actions were so wrong that it would be hard to uphold, BUT he did apply Bruen correctly in his ruling 

[Grub]

Stuff like this gives me hope the 7th will do the same thing. A big public case like this is a huge win.

[Upholder]

The written TRO has been issued: https://assets.nationbuilder.com/firearmspolicycoalition/pages/6842/attachments/original/1694653681/Fort_v_Grisham_Temporary_Restraining_Order.pdf?1694653681

[Yeti]

On 9/13/2023 at 1:30 PM, Flynn said:

 

Classic don't put all your eggs in one basket...  Yes, it's wasteful, but as we have a long historical record to look at we can see that a plethora of gun cases arguing the same points never go anywhere, then all a sudden one comes out of the gates and shoots up the court ladder while all the rest still go nowhere...  Just look at a case like Rahimi, of all the gun cases that have run up the court ladder and been presented to the Supreme Court, most would argue Rahimi was one of the most random and unexpected to make it, but here we are...

You are spot on: don’t put all your eggs in one legal argument.  Also, this NM thing is a trial balloon being floated as a test page from the gun control wackadoo playbook.  It needs to be killed quickly, with fire, to shut down repeats in other areas.  If it would have taken 12 cases, so be it.  Otherwise, we’d see it in IL next week.

[JTHunter]

On 9/13/2023 at 10:58 PM, Yeti said:

You are spot on: don’t put all your eggs in one legal argument.  Also, this NM thing is a trial balloon being floated as a test page from the gun control wackadoo playbook.  It needs to be killed quickly, with fire, to shut down repeats in other areas.  If it would have taken 12 cases, so be it.  Otherwise, we’d see it in IL next week.

 

Oh, I wouldn't be surprised if "Jabba" doesn't try something like that anyway.  After all, doesn't he have the state SC in his back pocket already??