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Davis & Associates Firearms Law
Scocca v. Smith
SAN JOSE, CA – Tom Scocca, The Calguns Foundation, and The Madison Society have filed a lawsuit seeking to compel Santa Clara County Sheriff Laurie Smith to respect the equal protection rights of carry license applicants and conform her carry license policies to state law.
Tom Scocca is a Director of Security Risk Management at a large Silicon Valley semiconductor business. Mr. Scocca has “good cause” that is directly comparable to many of the 70 applicants who have successfully received carry permits in Santa Clara County. Further, Mr. Scocca experienced first hand the effect of unlawful policies that members of Calguns Foundation and The Madison Society experience when attempting to apply for a carry permit from Sheriff Smith.
Tom Scocca faces real threats in performing his job. His work requires him to investigate intellectual property compromise and the theft of valuable company property. Though he is licensed by the state of California to openly carry a firearm, he needs to be able to investigate without raising suspicion. “I’ve been in law enforcement in the past and am trusted by California to carry a loaded firearm,” Scocca said. “However, even though my good cause is equal to or more worthy than many other applicants who have had their licenses issued, Sheriff Smith arbitrarily denied my application.”
Attorney Don Kilmer, representing the plaintiffs in this case, said, “It’s a shame that Sheriff Smith doesn’t take the Constitution seriously. This case really isn’t about guns, it is about treating citizens fairly and equally while following California Law.”
“Sheriff Smith has to implement a carry license application process that follows California law and treats similarly situated applicants equally,” said Gene Hoffman, Chairman of The Calguns Foundation. “It is especially troubling that a Sheriff would operate a license process in ignorance of state law and binding court precedent.”
The Calguns Foundation (www.calgunsfoundation.org) is a non-profit legal defense fund for California gun owners. The Calguns Foundation works to educate government and the public and protect the rights of individuals to own and lawfully use firearms in California.
The Madison Society (www.madison-society.org) promotes and preserves the Constitution of the United states through education and litigation. The Madison Society specifically focuses it’s litigation efforts challenging laws, ordinances, regulations, and any other restrictions and infringements on the right of citizens to “keep and bear arms.”
Case details
| Court: | cand |
| Docket #: | 3:11-cv-01318 |
| Case Name: | Scocca et al v. Smith et al |
| PACER case #: | 238467 |
| Date filed: | 2011-03-18 |
| Date of last filing: | 2011-07-29 |
| Assigned to: | Hon. Edward M. Chen |
| Referred to: | Magistrate Judge Paul Singh Grewal |
| Case Cause: | 42:1983 Civil Rights Act |
| Nature of Suit: | 440 Civil Rights: Other |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
Parties
| Represented Party | Attorney & Contact Info |
| Tom Scocca Plaintiff |
Donald E.J. Kilmer , Jr Law Offic es of Donald Kilmer 1645 Willow Street Suite 150 San Jose, CA 95125 408/264-8489 Fax: 408/264-8487 Email: Don@DKLawOffice.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Jason A. Davis Davis & Associates 27281 Las Ramblas Suite 200 Mission Viejo, CA 92691 949-310-0817 Fax: 949-288-6894 Email: Jason@CalGunLawyers.com ATTORNEY TO BE NOTICED |
| Madison Society, Inc Plaintiff |
Donald E.J. Kilmer , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jason A. Davis (See above for address) ATTORNEY TO BE NOTICED |
| The Calguns Foundations, Inc Plaintiff |
Donald E.J. Kilmer , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jason A. Davis (See above for address) ATTORNEY TO BE NOTICED |
| Sheriff Laurie Smith Defendant in her individual and official capacity |
Melissa R. Kiniyalocts Office of the County Counsel 70 West Hedding Street East Wing, Ninth Floor San Jose, CA 95110-1705 408-299-5900 Email: melissa.kiniyalocts@cco.co.scl.ca.us ATTORNEY TO BE NOTICED |
| County of Santa Clara Defendant |
Melissa R. Kiniyalocts (See above for address) ATTORNEY TO BE NOTICED |
Documents
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2011-03-18 | 1 | 0 | Complaint | COMPLAINT (Summons Issued); jury demand; against County of Santa Clara, Laurie Smith ( Filing fee $ 350, receipt number 54611009314). Filed by Tom Scocca, Madison Society, Inc, The Calguns Foundations, Inc. (Attachments: # 1 Civil Cover Sheet) (bw, COURT STAFF) (Filed on 3/18/2011) (Entered: 03/21/2011) | 2011-03-25 00:03:56 | 13cf049b1fc4e9dde64eb7fea740b0bfee6e8bf7 |
| 1 | 1 | Civil Cover Sheet | ||||
| 2011-03-18 | 2 | 0 | Summons Issued | Summons Issued as to County of Santa Clara, Laurie Smith. (bw, COURT STAFF) (Filed on 3/18/2011) (Entered: 03/21/2011) | 2011-03-25 00:06:49 | f6eb5dd6eb56831d0658320d366abaa473020be8 |
| 2011-03-18 | 3 | 0 | ADR Scheduling Order | ADR SCHEDULING ORDER: Case Management Statement due by 6/14/2011. Case Management Conference set for 6/21/2011 02:00 PM in Courtroom 5, 4th Floor, San Jose. (Attachments: # 1 Standing Order for Civil Practice in Cases Assigned for All Purposes to Magistrate Judge Paul S. Grewal, # 2 U.S. Magistrate Judge Paul S. Grewal Settlement Conference Procedures, # 3 San Jose Division Judges Standing Orders, # 4 Standing Orders for Judges of the Northern District of California)(bw, COURT STAFF) (Filed on 3/18/2011) (Entered: 03/21/2011) | ||
| 3 | 1 | |||||
| 3 | 2 | |||||
| 3 | 3 | |||||
| 3 | 4 | |||||
| 2011-04-18 | 4 | 0 | Waiver of Service Executed | Waiver of the Service of Summons Returned Executed filed by Tom Scocca, Madison Society, Inc, The Calguns Foundations, Inc. Service waived by County of Santa Clara waiver sent on 4/4/2011, answer due 6/3/2011; Laurie Smith waiver sent on 4/4/2001, answer due 6/3/2001. (Kilmer, Donald) (Filed on 4/18/2011) Modified on 4/18/2011 (bw, COURT STAFF). (Entered: 04/18/2011) | 2011-04-24 03:24:14 | 4dc1f22d467b4b435ebfa66d82589b4b1e5644ee |
| 2011-05-13 | 5 | 0 | Declination to Proceed Before a U.S. Magistrate Judge | Declination to Proceed Before a U.S. Magistrate Judge and Request for Reassignment to a United States District Judge by County of Santa Clara, Laurie Smith. (Kiniyalocts, Melissa) (Filed on 5/13/2011) Modified on 5/13/2011 (bw, COURT STAFF). (Entered: 05/13/2011) | 2011-05-13 12:51:50 | d19ac879f45fb23fbcab5feb6c4626474052a714 |
| 2011-05-18 | 6 | 0 | Clerk’s Notice of Impending Reassignment | CLERK’S NOTICE of Impending Reassignment to U.S. District Judge: 6/21/2011 case management conference is hereby vacated. Clerk to reassign case. (ofr, COURT STAFF) (Filed on 5/18/2011) (Entered: 05/18/2011) | ||
| 2011-05-19 | 7 | 0 | Order Reassigning Case | ORDER REASSIGNING CASE. Case reassigned to Judge Jeremy Fogel for all further proceedings and Magistrate Judge Paul Singh Grewal for all discovery matters. Signed by The Executive Committee on 5/19/2011. (tshS, COURT STAFF) (Filed on 5/19/2011) (Entered: 05/19/2011) | ||
| 2011-05-23 | 8 | 0 | Clerks Notice | CLERKS NOTICE Case Management Conference set for 7/8/2011 10:30 AM in Courtroom 3, 5th Floor, San Jose. (dlm, COURT STAFF) (Filed on 5/23/2011) (Entered: 05/23/2011) | ||
| 2011-05-27 | 9 | 0 | Motion to Dismiss | MOTION to Dismiss Plaintiff’s Complaint; Memo of Points and Authorities filed by County of Santa Clara, Laurie Smith. Motion Hearing set for 8/12/2011 09:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. Jeremy Fogel. (Kiniyalocts, Melissa) (Filed on 5/27/2011) (Entered: 05/27/2011) | 2011-06-03 23:06:53 | a6f67bdc9f7535ec46deaf027b7ab781fc33e386 |
| 2011-05-27 | 10 | 0 | Request for Judicial Notice | Request for Judicial Notice re 9 MOTION to Dismiss Plaintiff’s Complaint; Memo of Points and Authorities filed byCounty of Santa Clara, Laurie Smith. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Related document(s) 9 ) (Kiniyalocts, Melissa) (Filed on 5/27/2011) (Entered: 05/27/2011) | ||
| 10 | 1 | Exhibit A | ||||
| 10 | 2 | Exhibit B | ||||
| 10 | 3 | Exhibit C | ||||
| 10 | 4 | Exhibit D | ||||
| 2011-06-20 | 11 | 0 | Stipulation | STIPULATION re 8 Clerks Notice Joint Request Re: CMC by Madison Society, Inc, Tom Scocca, The Calguns Foundations, Inc. (Kilmer, Donald) (Filed on 6/20/2011) (Entered: 06/20/2011) | 2011-06-22 13:16:27 | 7551c0025e8f3fc97325401318f8d40426f31241 |
| 2011-07-06 | 12 | 0 | Stipulation and Order | STIPULATION AND ORDER RE: SCHEDULING ORDERS AND VACATING CASE MANAGEMENT CONFERENCE re 11 . Signed by Judge Jeremy Fogel on 6/21/11. (dlm, COURT STAFF) (Filed on 7/6/2011) (Entered: 07/06/2011) | 2011-07-07 12:11:54 | ffca9ab7ba9002ee3bf7ce67fe1ac924e1892c89 |
| 2011-07-22 | 13 | 0 | Opposition/Response to Motion | RESPONSE (re 9 MOTION to Dismiss Plaintiff’s Complaint; Memo of Points and Authorities ) filed byMadison Society, Inc, Tom Scocca, The Calguns Foundations, Inc. (Kilmer, Donald) (Filed on 7/22/2011) (Entered: 07/22/2011) | 2011-07-22 20:36:59 | 9447b8e974646b8f6c9edefd8a99a1f128f7959f |
| 2011-07-22 | 14 | 0 | Request for Judicial Notice | Request for Judicial Notice re 13 Opposition/Response to Motion filed byMadison Society, Inc, Tom Scocca, The Calguns Foundations, Inc. (Related document(s) 13 ) (Kilmer, Donald) (Filed on 7/22/2011) (Entered: 07/22/2011) | 2011-07-22 20:39:26 | 1c797ad92b12c8b4624143500ff644bf4381fcdf |
| 2011-07-28 | 15 | 0 | Stipulation | STIPULATION re 9 MOTION to Dismiss Plaintiff’s Complaint; Memo of Points and Authorities and Proposed Order by County of Santa Clara, Laurie Smith. (Kiniyalocts, Melissa) (Filed on 7/28/2011) (Entered: 07/28/2011) | 2011-08-02 17:31:31 | b843af3e65a3a2fc75890982812b5c50306f2e06 |
| 2011-07-29 | 16 | 0 | Reply to Opposition/Response | REPLY (re 9 MOTION to Dismiss Plaintiff’s Complaint; Memo of Points and Authorities ) filed byCounty of Santa Clara, Laurie Smith. (Kiniyalocts, Melissa) (Filed on 7/29/2011) (Entered: 07/29/2011) | 2011-08-02 17:31:51 | 01ccc52fe5c9ea87e62a2f5dea492c254f80daa7 |
| 2011-08-05 | 17 | 0 | STIPULATION AND ORDER RESCHEDULING HEARING ON DEFENDANT’S MOTION TO DISMISS. Signed by Judge Jeremy Fogel on August 5, 2011. (jflc1, COURT STAFF) (Filed on 8/5/2011) (Entered: 08/05/2011) | 2011-08-19 21:09:22 | de7ffe0565014e4d9b3592052467719736dea54d | |
| 2011-08-10 | 18 | 0 | STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d Hoye v City of Oakland filed byMadison Society, Inc, Tom Scocca, The Calguns Foundations, Inc. (Kilmer, Donald) (Filed on 8/10/2011) (Entered: 08/10/2011) | 2011-08-17 21:36:30 | aceef208338cfa1ca25c0f18528d5dc4c0291abe | |
| 2011-08-22 | 19 | 0 | CLERKS NOTICE The Motion Hearing set for 8/26/2011 is VACATED in light of the impending reassignment of this case to another district judge. (jflc2, COURT STAFF) (Filed on 8/22/2011) (Entered: 08/22/2011) | 2011-08-22 19:22:21 | 25834acd58bbea81d327a11b4ca9bbad4d9ec0d9 | |
| 2011-09-27 | 20 | 0 | ORDER REASSIGNING CASE. Case reassigned to Judge Edward M. Chen for all further proceedings. Judge Jeremy Fogel no longer assigned to the case.Signed by The Executive Committee on 09/27/2011. (tsh, COURT STAFF) (Filed on 9/27/2011) (Entered: 09/27/2011) | 2011-09-27 23:14:43 | 7443b6fa5e00ed79749eac5ee344d103152ab87a | |
| 2011-10-05 | 21 | 0 | CASE MANAGEMENT SCHEDULING ORDER: Case Management Statement due by 10/20/2011.. Signed by Judge Edward M. Chen on 10/5/11. (bpf, COURT STAFF) (Filed on 10/5/2011) (Entered: 10/05/2011) | 2011-11-06 21:45:24 | 83ee7a8a1ef6c38129f998148fdca8460b76945a | |
| 2011-10-05 | 22 | 0 | STANDING ORDER. Signed by Judge Edward M. Chen on 10/5/11. (bpf, COURT STAFF) (Filed on 10/5/2011) (Entered: 10/05/2011) | 2011-11-06 21:45:58 | 98253698845326c53139846178a5356ae0e0c0dd | |
| 2011-10-11 | 23 | 0 | Renotice motion hearing re 9 MOTION to Dismiss Plaintiff’s Complaint; Memo of Points and Authorities filed byCounty of Santa Clara, Laurie Smith. Motion Hearing set for 12/2/2011 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. (Related document(s) 9 ) (Kiniyalocts, Melissa) (Filed on 10/11/2011) (Entered: 10/11/2011) | 2011-11-06 21:46:19 | 06b9c4b482da0cbdfe7761b3a079a032f33951ac | |
| 2011-10-18 | 24 | 0 | JOINT CASE MANAGEMENT STATEMENT filed by County of Santa Clara, Laurie Smith. (Kiniyalocts, Melissa) (Filed on 10/18/2011) (Entered: 10/18/2011) | 2011-11-06 21:48:24 | d6e78f4f00a77d98bc82f6b45e96178da3a842fd | |
| 2011-11-03 | 25 | 0 | CASE MANAGEMENT SCHEDULING ORDER: Case Management Statement due by 1/20/2012. Case Management Conference set for 1/27/2012 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 11/3/11. (bpf, COURT STAFF) (Filed on 11/3/2011) (Entered: 11/03/2011) | 2011-11-06 21:51:23 | 230d77b196cb1d546db11703c0c2af17eb733a71 |