Langley et al v. Kelly et al
| Illinois Southern District Court | |
| Judge: | Stephen P Mcglynn |
| Case #: | 3:23-cv-00192 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1441 Petition for Removal- Civil Rights Act |
| Case Filed: | Jan 23, 2023 |
| Terminated: | Nov 08, 2024 |
| Case in other court: | Circuit Court of the Second Judicial Circuit, 2023 CH 2 |
| Last checked: Saturday Jul 22, 2023 4:33 AM CDT |
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Defendant
Brendan Kelly
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Represented By
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Defendant
Cole Price Shaner
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Represented By
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Plaintiff
Timothy B. Jones
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Represented By
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Plaintiff
Jeremy W. Langley
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Represented By
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Plaintiff
Matthew Wilson
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Represented By
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GPO
Apr 28 2023
STRICKEN AT DOC. 35 - ORDER granting 6 Motion for Preliminary Injunction. Although the Order specifically identifies the plaintiffs in the lead case of Barnett, et al. v. Raoul, et al., 23-cv-209-SPM, the caption also references the consolidated cases, i.e., Harrel, et al. v. Raoul, et al., 23-cv-141-SPM; Langley, et al. v. Kelly, et al., 23-cv-192-SPM; and, Federal Firearms Licensees of Illinois, et al. v. Pritzker, et al., 23-cv-215-SPM. Because the same analysis applies in these consolidated cases, the corresponding Motions for Preliminary Injunction are also be GRANTED. Signed by Judge Stephen P. McGlynn on 4/28/2023. (jce) Modified on 4/28/2023 (mar). |
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GPO
Apr 28 2023
ORDER granting 6 Motion for Preliminary Injunction. Although the Order specifically identifies the plaintiffs in the lead case of Barnett, et al. v. Raoul, et al., 23-cv-209-SPM, the caption also references the consolidated cases, i.e., Harrel, et al. v. Raoul, et al., 23-cv-141-SPM; Langley, et al. v. Kelly, et al., 23-cv-192-SPM; and, Federal Firearms Licensees of Illinois, et al. v. Pritzker, et al., 23-cv-215-SPM. Because the same analysis applies in these consolidated cases, the corresponding Motions for Preliminary Injunction are also be GRANTED. Signed by Judge Stephen P. McGlynn on 4/28/2023. (jce) |
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GPO
Nov 08 2024
FINDINGS OF FACT AND CONCLUSIONS OF LAW following bench trial. The Court finds in favor of the Plaintiffs and against the Defendants in these consolidated cases. The Court holds that the challenged provisions of the Protect Illinois Communities Act are unconstitutional under the Second Amendment to the United States Constitution as applied to the states by the Fourteenth Amendment. Therefore, the Plaintiffs' request for a permanent injunction is GRANTED. The State of Illinois is hereby ENJOINED from the enforcement of PICA's criminal penalties in accordance with 720 Ill. Comp. Stat. §§ 5/24-1(a)(14)(16) (bump stocks and assault weapons); 5/24-1.9(a)(h) (assault weapons and attachments); and 5/24-1.10(a)(h) (large-capacity magazines) against all Illinois citizens, effective immediately. The State of Illinois is also ENJOINED from enforcing the firearm registration requirements and penalties associated with entering false information on the endorsement affidavit for non-exempt weapons, magazines, and attachments previously required to be registered in accordance with 430 Ill. Comp. Stat. 65/4.1. This permanent injunction is STAYED for thirty (30) days. Additionally, the Government's Motion for Partial Summary Judgment on the Langley Plaintiffs' Counts IV and VI (Doc. 220) is GRANTED. The Clerk of Court is DIRECTED to enter judgment in favor of the Plaintiffs. Signed by Judge Stephen P. McGlynn on 11/8/2024. Associated Cases: 3:23-cv-00209-SPM, 3:23-cv-00141-SPM, 3:23-cv-00192-SPM, 3:23-cv-00215-SPM (trf) |
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GPO
Nov 08 2024
CLERK'S JUDGMENT. Approved by Judge Stephen P. McGlynn on 11/8/2024. Associated Cases: 3:23-cv-00209-SPM, 3:23-cv-00141-SPM, 3:23-cv-00192-SPM, 3:23-cv-00215-SPM(trf) |
| Docket last updated: 3 hours ago |
| Friday, November 15, 2024 | ||
| 52 | 52
order
Order ~Util - Terminate Motions
Fri 11/15 9:22 AM
ORDER: Before the Court are three motions: two Motions for Attorneys' Fees Pursuant to 42 U.S.C. § 1988 filed by the Langley Plaintiffs in both Barnett v. Raoul , Case No. 23-cv-00209-SPM (Doc. 261) and Langley v. Kelly , Case No. 23-cv-00192-SPM (Doc. 48) as well as a Joint Motion to Stay Attorneys' Fees and Costs Pending Appeal filed by all of the parties in these consolidated cases ( see Barnett (Doc. 267)). For good cause shown, the parties' Joint Motion to Stay Attorneys' Fees and Costs Pending Appeal ( Barnett (Doc. 267)) is GRANTED . Per the parties' request, the Court stays all proceedings and vacates any deadlines relating to attorney fees, non-taxable expenses, or costs under Federal Rule of Civil Procedure 54(d) until the State Defendants' appeals are finally concluded and are no longer subject to review by any court, whether by additional appeal, petitions for rehearing or re-argument, petitions for rehearing en banc, petitions for writ of certiorari, or otherwise. ( See Doc. 267, pp. 34 (using this same language)). In accordance with the above, the two pending Motions for Attorneys' Fees ( Barnett (Doc. 261) and Langley (Doc. 48)) are both DENIED as moot with leave to refile at the conclusion of all appeals in accordance with this Order. Signed by Judge Stephen P. McGlynn on 11/15/2024. Associated Cases: 3:23-cv-00209-SPM, 3:23-cv-00192-SPM (trf) |
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| Wednesday, November 13, 2024 | ||
| 51 | 51
appeal
USCA Case Number
Wed 11/13 3:18 PM
USCA Case Number 24-3062 for47 Notice of Appeal filed by Brendan Kelly.(csb) |
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Att: 1
Notice of Case Opening
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| Tuesday, November 12, 2024 | ||
| 50 | 50
appeal
Rule 10 Letter
Tue 11/12 9:02 AM
Rule 10 Letter (djw) |
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| 49 | 49
appeal
Transmission of Short Record to USCA
Tue 11/12 8:56 AM
Transmission of Short Record to US Court of Appeals re47 Notice of Appeal (djw) |
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| Friday, November 08, 2024 | ||
| 48 | 48
motion
Attorney Fees
Fri 11/08 5:48 PM
MOTION for Attorney Fees per 42 USC 1988 by Jeremy W. Langley, Timothy B. Jones, Matthew Wilson. (Maag, Thomas) |
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| 47 | 47
appeal
Notice of Appeal
Fri 11/08 5:16 PM
NOTICE OF APPEAL as to46 Clerk's Judgment,45 Findings of Fact & Conclusions of Law,,,,,,, Terminate Motions,,,,,, by Brendan Kelly. Filing fee $ 605, receipt number AILSDC-5524800. (Wells, Christopher) |
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| 46 | 46
order
Judgment - Clerk
Fri 11/08 2:19 PM
CLERK'S JUDGMENT. Approved by Judge Stephen P. McGlynn on 11/8/2024. Associated Cases: 3:23-cv-00209-SPM, 3:23-cv-00141-SPM, 3:23-cv-00192-SPM, 3:23-cv-00215-SPM(trf) |
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| 45 | 45
order
Findings of Fact & Conclusions of Law ~Util - Terminate Motions
Fri 11/08 2:16 PM
FINDINGS OF FACT AND CONCLUSIONS OF LAW following bench trial. The Court finds in favor of the Plaintiffs and against the Defendants in these consolidated cases. The Court holds that the challenged provisions of the Protect Illinois Communities Act are unconstitutional under the Second Amendment to the United States Constitution as applied to the states by the Fourteenth Amendment. Therefore, the Plaintiffs' request for a permanent injunction is GRANTED . The State of Illinois is hereby ENJOINED from the enforcement of PICA's criminal penalties in accordance with 720 Ill. Comp. Stat. §§ 5/24-1(a)(14)(16) (bump stocks and assault weapons); 5/24-1.9(a)(h) (assault weapons and attachments); and 5/24-1.10(a)(h) (large-capacity magazines) against all Illinois citizens, effective immediately. The State of Illinois is also ENJOINED from enforcing the firearm registration requirements and penalties associated with entering false information on the endorsement affidavit for non-exempt weapons, magazines, and attachments previously required to be registered in accordance with 430 Ill. Comp. Stat. 65/4.1. This permanent injunction is STAYED for thirty (30) days . Additionally, the Government's Motion for Partial Summary Judgment on the Langley Plaintiffs' Counts IV and VI (Doc. 220) is GRANTED . The Clerk of Court is DIRECTED to enter judgment in favor of the Plaintiffs. Signed by Judge Stephen P. McGlynn on 11/8/2024. Associated Cases: 3:23-cv-00209-SPM, 3:23-cv-00141-SPM, 3:23-cv-00192-SPM, 3:23-cv-00215-SPM (trf) |
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