Case: Rocky Mountain Gun Owners v. Polis

1:23-cv-01077 | U.S. District Court for the District of Colorado

Filed Date: April 28, 2023

Closed Date: June 6, 2025

Clearinghouse coding in progress

Case Summary

[This summary is temporary while we research the case.]

Rocky Mountain Gun Owners, a nonprofit organization, and two individuals between the ages of 18 and 21 wanting to purchase a gun sued the Governor of Colorado in April of 2023. This lawsuit comes after the passage of Senate Bill 23-169, which prohibits persons over the age of 18 but under the age of 21 from purchasing a firearm of any type. Plaintiffs claimed this prohibition violated their Second Amendment rights.

Summary Authors

Claire Pollard (9/4/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67286731/parties/rocky-mountain-gun-owners-v-polis/


Judge(s)

Brimmer, Philip A. (Colorado)

Attorney for Plaintiff

Arrington, Barry Kevin (Colorado)

Attorney for Defendant

Baumann, Peter G. (Colorado)

Kotlarczyk, Michael T. (Colorado)

Michaels, Joseph G. (Colorado)

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Documents in the Clearinghouse

Document
1

1:23-cv-01077

Complaint

April 28, 2023

April 28, 2023

Complaint
9

1:23-cv-01077

First Amended Complaint

May 26, 2023

May 26, 2023

Complaint
85

1:23-cv-01077

Order on Motion for Summary Judgment AND Order on Motion for Summary Judgment

June 5, 2025

June 5, 2025

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67286731/rocky-mountain-gun-owners-v-polis/

Last updated Sept. 4, 2025, 4:41 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Jared S. Polis (Filing fee $ 402,Receipt Number ACODC-9072435)Attorney Barry Kevin Arrington added to party Tate Mosgrove(pty:pla), Attorney Barry Kevin Arrington added to party Rocky Mountain Gun Owners(pty:pla), filed by Rocky Mountain Gun Owners, Tate Mosgrove. (Attachments: # 1 Exhibit)(Arrington, Barry) (Entered: 04/28/2023)

1 Exhibit

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April 28, 2023

April 28, 2023

Clearinghouse
2

WITHDRAWN COMPLAINT against Jared S. Polis (Filing fee $ 402,Receipt Number ACODC-9072445), filed by Rocky Mountain Gun Owners, Tate Mosgrove. (Attachments: # 1 Exhibit)(Arrington, Barry) Modified on 5/10/2023 pursuant to Minute Order 8 . (alave, ). (Entered: 04/28/2023)

1 Exhibit

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April 28, 2023

April 28, 2023

RECAP
3

MOTION to Withdraw Document re 2 Complaint by Plaintiffs Tate Mosgrove, Rocky Mountain Gun Owners. (Arrington, Barry) (Entered: 04/28/2023)

April 28, 2023

April 28, 2023

RECAP
4

Administrative Notice: Duplicate filing fee received. Financial notified and a refund is pending. (Text Only Entry) (blaws) (Entered: 04/28/2023)

April 28, 2023

April 28, 2023

PACER
5

Case assigned to Magistrate Judge Kristen L. Mix. Text Only Entry. (blaws) (Entered: 04/28/2023)

April 28, 2023

April 28, 2023

PACER
6

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (blaws) (Entered: 04/28/2023)

April 28, 2023

April 28, 2023

RECAP
7

ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kristen L. Mix on 05/08/2023. Proposed Scheduling Order due 8/21/2023. Scheduling/Planning Conference set for 8/28/2023 11:10 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix. (Attachments: # 1 Continuation of Main Document, # 2 Continuation of Main Document) (alave, ) (Entered: 05/09/2023)

1 Continuation of Main Document

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2 Continuation of Main Document

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May 8, 2023

May 8, 2023

RECAP
8

MINUTE ORDER by Magistrate Judge Kristen L. Mix on 05/09/2023. IT IS HEREBY ORDERED that Motion 3 is GRANTED. The Complaint 2, which Plaintiffs state was inadvertently filed shall be deemed WITHDRAWN. The correct Complaint in this case is 1 in the docket.(alave, ) (Entered: 05/10/2023)

May 9, 2023

May 9, 2023

RECAP
9

AMENDED COMPLAINT against Jared S. Polis Attorney Barry Kevin Arrington added to party Adrian S Pineda(pty:pla), filed by Rocky Mountain Gun Owners, Tate Mosgrove, Adrian S Pineda.(Arrington, Barry) (Entered: 05/26/2023)

May 26, 2023

May 26, 2023

Clearinghouse
10

SUMMONS REQUEST as to Jared S. Polis re 9 Amended Complaint by Plaintiffs Tate Mosgrove, Adrian S Pineda, Rocky Mountain Gun Owners. (Arrington, Barry) (Entered: 05/31/2023)

May 31, 2023

May 31, 2023

RECAP
11

SUMMONS issued by Clerk. (alave, ) (Entered: 06/02/2023)

June 2, 2023

June 2, 2023

RECAP
12

MOTION for Preliminary Injunction by Plaintiffs Tate Mosgrove, Adrian S Pineda, Rocky Mountain Gun Owners. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration)(Arrington, Barry) (Entered: 06/07/2023)

1 Declaration

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2 Declaration

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3 Declaration

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June 7, 2023

June 7, 2023

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13

WAIVER OF SERVICE Returned Executed by Adrian S Pineda, Rocky Mountain Gun Owners, Tate Mosgrove. Jared S. Polis waiver sent on 6/7/2023, answer due 8/6/2023. (Arrington, Barry) (Entered: 06/08/2023)

June 8, 2023

June 8, 2023

RECAP
14

MINUTE ORDER by Magistrate Judge Kristen L. Mix on June 8, 2023. This matter is before the Court sua sponte. This case was assigned to a United States Magistrate Judge pursuant to D.C.COLO.LCivR 40.1(c). Although a signed Consent/Non-Consent Form has not yet been filed, Plaintiff has filed a Motion for Preliminary Injunction 12 . See D.C.COLO.LCivR 40.1(c)(2)(a) (discussing assignment of cases in which a motion for injunctive relief has been filed). Accordingly, IT IS HEREBY ORDERED that this case shall be assigned to a District Judge under D.C.COLO.LCivR 40.1(c)(8) and D.C.COLO.LCivR 40.1(a). (csarr, ) (Entered: 06/09/2023)

June 8, 2023

June 8, 2023

RECAP
15

CASE REASSIGNED pursuant to 14 Minute Order. This case is randomly reassigned to Judge John L. Kane and drawn to Magistrate Judge Kristen L. Mix. All future pleadings should be designated as 23-cv-01077-JLK. (Text Only Entry) (csarr, ) (Entered: 06/09/2023)

June 9, 2023

June 9, 2023

PACER
16

MINUTE ORDER. Defendant is DIRECTED to file a Response to Plaintiffs' Motion for Preliminary Injunction 12 on or before June 22, 2023. Any Reply is due on or before June 28, 2023. The parties are DIRECTED to call chambers JOINTLY at (303) 844-6118 to set a date and time for the preliminary injunction hearing. The Court has availability on June 29th, July 5th, or July 6th for the hearing. Plaintiffs are DIRECTED to provide notice of this Order to Defendant without delay. Ordered by Judge John L. Kane on 6/9/2023. Text Only Entry (jlksec) (Entered: 06/09/2023)

June 9, 2023

June 9, 2023

PACER

Minute Order

June 9, 2023

June 9, 2023

PACER
17

MINUTE ORDER. An Evidentiary Hearing on Plaintiffs' Motion for Preliminary Injunction 12 is set for July 6, 2023, beginning at 9:30 a.m. The parties are DIRECTED to file their Witness and Exhibit Lists for the hearing on or before June 29, 2023. Counsel and the parties are expected to attend the hearing in person. The parties shall note on their Witness Lists whether it is anticipated any witness will testify via video teleconferencing. Ordered by Judge John L. Kane on 6/12/2023. Text Only Entry (jlksec) (Entered: 06/12/2023)

June 12, 2023

June 12, 2023

PACER
18

NOTICE of Entry of Appearance by Grant T. Sullivan on behalf of Jared S. PolisAttorney Grant T. Sullivan added to party Jared S. Polis(pty:dft) (Sullivan, Grant) (Entered: 06/12/2023)

June 12, 2023

June 12, 2023

RECAP
19

NOTICE of Entry of Appearance by Michael T. Kotlarczyk on behalf of Jared S. PolisAttorney Michael T. Kotlarczyk added to party Jared S. Polis(pty:dft) (Kotlarczyk, Michael) (Entered: 06/12/2023)

June 12, 2023

June 12, 2023

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20

NOTICE of Entry of Appearance by Matthew John Worthington on behalf of Jared S. PolisAttorney Matthew John Worthington added to party Jared S. Polis(pty:dft) (Worthington, Matthew) (Entered: 06/12/2023)

June 12, 2023

June 12, 2023

RECAP

Minute Order

June 12, 2023

June 12, 2023

PACER
21

MOTION for Leave to Allow Mosgrove to Appear Electronically at July 6 Hearing 17 Minute Order,, by Plaintiffs Tate Mosgrove, Adrian S Pineda, Rocky Mountain Gun Owners. (Arrington, Barry) (Entered: 06/13/2023)

June 13, 2023

June 13, 2023

RECAP
22

MINUTE ORDER. In light of the reassignment of this case to Senior District Judge John L. Kane [#15], the Scheduling Conference set for August 28, 2023, at 11:00 a.m. is VACATED. By Magistrate Judge Kristen L. Mix on June 13, 2023. Text Only Entry (klmlc1, ) (Entered: 06/13/2023)

June 13, 2023

June 13, 2023

PACER
23

ORDER granting 21 Unopposed Motion for Tate Mosgrove to Appear Electronically at July 6 Hearing. Plaintiff Tate Mosgrove is allowed to appear electronically for the Evidentiary Hearing on the Motion for Preliminary Injunction on July 6, 2023, beginning at 9:30 a.m. Plaintiffs' counsel and Mr. Mosgrove are directed to contact my Courtroom Deputy via email (Bernique_Abiakam@cod.uscourts.gov) for instructions on how to proceed with the VTC. Please contact Ms. Abiakam on or before June 30, 2023. Ordered by Judge John L. Kane on 6/13/2023. Text Only Entry(jlksec) (Entered: 06/13/2023)

June 13, 2023

June 13, 2023

PACER

Minute Order

June 13, 2023

June 13, 2023

PACER

Order on Motion for Leave

June 13, 2023

June 13, 2023

PACER
24

Order of Transfer. This case is closely related to Case No. 23-cv-01076-PAB, with one of the same plaintiffs and the same defendant in each case and common questions of fact and/or law. Clerk shall transfer this case to Chief Judge Brimmer. All future pleadings shall be designated as 23-cv-01077-PAB. ORDERED by Judge John L. Kane on 6/21/2023. (angar, ) (Entered: 06/21/2023)

June 21, 2023

June 21, 2023

RECAP
25

MINUTE ORDER by Chief Judge Philip A. Brimmer on 6/22/2023. Defendant shall respond to plaintiffs' Motion for Preliminary Injunction [Docket No. 12 ] on or before June 29, 2023. Plaintiffs may file a reply in support of their motion on or before July 13, 2023. Text Only Entry (pabsec, ) (Entered: 06/22/2023)

June 22, 2023

June 22, 2023

PACER

Minute Order

June 22, 2023

June 22, 2023

PACER
26

Unopposed MOTION for Leave to File Excess Pages by Defendant Jared S. Polis. (Worthington, Matthew) (Entered: 06/23/2023)

June 23, 2023

June 23, 2023

RECAP
27

ORDER by Chief Judge Philip A. Brimmer on 6/26/2023 re: 26 defendant's Unopposed Motion to Exceed Page Limits is GRANTED. Defendant shall file a response to 12 Motion for Preliminary Injunction that shall not exceed 25 pages, and plaintiffs may file a reply in support of their motion that shall not exceed 15 pages. Text Only Entry(pabsec, ) (Entered: 06/26/2023)

June 26, 2023

June 26, 2023

PACER

Order on Motion for Leave to File Excess Pages

June 26, 2023

June 26, 2023

PACER
28

RESPONSE to 12 MOTION for Preliminary Injunction filed by Defendant Jared S. Polis. (Attachments: # 1 Exhibit 1; Cornell Declaration, # 2 Exhibit 2; Spitzer Declaration, # 3 Exhibit 3; Rivas Declaration, # 4 Exhibit 4; Steinberg Declaration, # 5 Exhibit 5; Historical Analogues)(Worthington, Matthew) (Entered: 06/29/2023)

1 Exhibit 1; Cornell Declaration

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2 Exhibit 2; Spitzer Declaration

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3 Exhibit 3; Rivas Declaration

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4 Exhibit 4; Steinberg Declaration

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5 Exhibit 5; Historical Analogues

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June 29, 2023

June 29, 2023

RECAP
29

NOTICE of Three Related Cases by Defendant Jared S. Polis (Sullivan, Grant) (Entered: 07/10/2023)

July 10, 2023

July 10, 2023

RECAP
30

REPLY to Response to 12 MOTION for Preliminary Injunction filed by Plaintiffs Tate Mosgrove, Adrian S Pineda, Rocky Mountain Gun Owners. (Arrington, Barry) (Entered: 07/12/2023)

July 12, 2023

July 12, 2023

RECAP
31

CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Tate Mosgrove, Adrian S Pineda, Rocky Mountain Gun Owners All parties do not consent.. (Arrington, Barry) (Entered: 07/13/2023)

July 13, 2023

July 13, 2023

RECAP
32

SUPPLEMENT/AMENDMENT to 30 Reply to Response to Motion by Plaintiffs Tate Mosgrove, Adrian S Pineda, Rocky Mountain Gun Owners. (Attachments: # 1 11th Cir Order Vacating Bondi)(Arrington, Barry) (Entered: 07/15/2023)

1 11th Cir Order Vacating Bondi

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July 15, 2023

July 15, 2023

RECAP
33

RESPONSE to 32 Supplement/Amendment and Notice of Additional Supplemental Authority by Defendant Jared S. Polis. (Attachments: # 1 Exhibit A, Oregon Firearms Federation v. Kotek Decision)(Worthington, Matthew) (Entered: 07/18/2023)

1 Exhibit A, Oregon Firearms Federation v. Kotek Decision

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July 18, 2023

July 18, 2023

RECAP
34

MOTION for Temporary Restraining Order by Plaintiffs Adrian S Pineda, Rocky Mountain Gun Owners. (Attachments: # 1 Proposed Order (PDF Only))(Arrington, Barry) (Entered: 08/03/2023)

1 Proposed Order (PDF Only)

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Aug. 3, 2023

Aug. 3, 2023

RECAP
35

MINUTE ORDER by Chief Judge Philip A. Brimmer on 8/03/2023. Defendant may file a response to 34 Motion for Temporary Restraining Order on or before Monday, August 7, 2023, at 12:00 p.m. Text Only Entry (pabsec, ) (Entered: 08/03/2023)

Aug. 3, 2023

Aug. 3, 2023

PACER

Minute Order

Aug. 3, 2023

Aug. 3, 2023

PACER
36

RESPONSE to 34 MOTION for Temporary Restraining Order filed by Defendant Jared S. Polis. (Worthington, Matthew) (Entered: 08/07/2023)

Aug. 7, 2023

Aug. 7, 2023

RECAP
37

"DISSOLVED" - ORDER by Chief Judge Philip A. Brimmer on 8/7/2023, re: The Portion of 12 Plaintiffs Motion for Preliminary Injunction brought on behalf of plaintiffs Tate Mosgrove and Adrian S. Pineda is GRANTED. ORDERED that the defendant and his officers, agents, servants, employees, and all persons in concert or participation with them who receive notice of this preliminary injunction are enjoined, effective immediately, from enforcing SB23-169. ORDERED that this preliminary injunction shall remain in effect pending disposition of the case on the merits. ORDERED that no bond shall be required under Fed. R. Civ. P. 65(c). ORDERED that 34 Plaintiffs' Motion for Temporary Restraining Order is DENIED as moot. (jtorr, ) Modified on 1/28/2025 to Dissolve per 75 Order(dgumb, ). (Entered: 08/07/2023)

Aug. 7, 2023

Aug. 7, 2023

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38

STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendant Jared S. Polis. Jared S. Polis answer due 8/28/2023. (Worthington, Matthew) (Entered: 08/07/2023)

Aug. 7, 2023

Aug. 7, 2023

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39

ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter for non-dispositive matters. Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, and (4) conduct a pretrial conference and enter a pretrial order. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding, by Chief Judge Philip A. Brimmer on 8/10/2023. Text Only Entry (pabsec, ) (Entered: 08/10/2023)

Aug. 10, 2023

Aug. 10, 2023

PACER

Order Referring Case to Magistrate Judge

Aug. 10, 2023

Aug. 10, 2023

PACER
40

ORDER SETTING SCHEDULING/PLANNING CONFERENCE. A Scheduling Conference is set for 9/25/2023 at 2:00 PM in Courtroom C203 before Magistrate Judge N. Reid Neureiter. The Scheduling Conference will be conducted via telephone. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. By Magistrate Judge N. Reid Neureiter on August 11, 2023. (rvill, ) (Entered: 08/11/2023)

Aug. 11, 2023

Aug. 11, 2023

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41

NOTICE OF APPEAL as to 37 Order on Motion for Preliminary Injunction,,,, Order on Motion for TRO,,, by Defendant Jared S. Polis (Worthington, Matthew) (Entered: 08/11/2023)

Aug. 11, 2023

Aug. 11, 2023

RECAP
42

MOTION to Stay re 37 Order on Motion for Preliminary Injunction,,,, Order on Motion for TRO,,, by Defendant Jared S. Polis. (Attachments: # 1 Exhibit 1, Declaration of Baumgart)(Sullivan, Grant) (Entered: 08/11/2023)

1 Exhibit 1, Declaration of Baumgart

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Aug. 11, 2023

Aug. 11, 2023

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43

Unopposed MOTION to Expedite Briefing on Motion to Stay the Preliminary Injunction Order by Defendant Jared S. Polis. (Sullivan, Grant) (Entered: 08/11/2023)

Aug. 11, 2023

Aug. 11, 2023

RECAP
44

ORDER by Chief Judge Philip A. Brimmer on 8/14/2023 re: 43 defendant's Unopposed Motion for Expedited Briefing on Motion to Stay the Preliminary Injunction Order is GRANTED. Plaintiffs shall file a response to 42 The Governor's Motion for a Stay of the Preliminary Injunction Pending Appeal (Dkt. 37) on or before Tuesday, August 15, 2023. Text Only Entry(pabsec, ) (Entered: 08/14/2023)

Aug. 14, 2023

Aug. 14, 2023

PACER
45

LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 41 Notice of Appeal filed by Jared S. Polis to the U.S. Court of Appeals. (Retained Counsel, Fee not paid and 1915 motion not filed) (Attachments: # 1 Docket Sheet, # 2 Preliminary Record)(jtorr, ) (Entered: 08/14/2023)

1 Docket Sheet

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2 Preliminary Record

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Aug. 14, 2023

Aug. 14, 2023

PACER
46

USCA Case Number 23-1251 for 41 Notice of Appeal filed by Jared S. Polis. (jtorr, ) (Entered: 08/14/2023)

Aug. 14, 2023

Aug. 14, 2023

RECAP

Order on Motion to Expedite

Aug. 14, 2023

Aug. 14, 2023

PACER
47

RESPONSE to 42 MOTION to Stay re 37 Order on Motion for Preliminary Injunction,,,, Order on Motion for TRO,,, filed by Plaintiffs Tate Mosgrove, Adrian S Pineda, Rocky Mountain Gun Owners. (Arrington, Barry) (Entered: 08/15/2023)

Aug. 15, 2023

Aug. 15, 2023

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48

ORDER by Chief Judge Philip A. Brimmer on 8/18/2023, re: 42 Governor's Motion for a Stay of the Preliminary Injunction Pending Appeal is DENIED. (jtorr, ) (Entered: 08/18/2023)

Aug. 18, 2023

Aug. 18, 2023

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49

USCA Appeal Fees received $ 505, receipt number 107937; Full Payment (USCA Case No. 23-1251) (efoga, ) (Entered: 08/18/2023)

Aug. 18, 2023

Aug. 18, 2023

PACER
50

Governor's ANSWER to 9 Amended Complaint by Jared S. Polis.(Worthington, Matthew) (Entered: 08/28/2023)

Aug. 28, 2023

Aug. 28, 2023

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52

ORDER of USCA denying emergency motion for a stay pending appeal as to 41 Notice of Appeal filed by Jared S. Polis. (USCA Case No. 23-1251) (schap, ) (Entered: 08/31/2023)

Aug. 29, 2023

Aug. 29, 2023

PACER
51

LETTER TO USCA and all counsel certifying the record is complete as to 41 Notice of Appeal filed by Jared S. Polis. A transcript order form was filed stating that a transcript is not necessary. ( Appeal No. 23-1251) Text Only Entry (schap, ) (Entered: 08/31/2023)

Aug. 31, 2023

Aug. 31, 2023

PACER
53

Proposed Scheduling Order by Plaintiffs Tate Mosgrove, Adrian S Pineda, Rocky Mountain Gun Owners. (Arrington, Barry) (Entered: 09/18/2023)

Sept. 18, 2023

Sept. 18, 2023

PACER
54

MINUTE ENTRY for proceedings held before Magistrate Judge N. Reid Neureiter: Scheduling Conference held on 9/25/2023. FTR: Courtroom C203. (rvill, ) (Entered: 09/26/2023)

Sept. 25, 2023

Sept. 25, 2023

PACER
55

SCHEDULING ORDER: Telephonic Status Conference set for 1/25/2024 at 11:00 AM in Courtroom C203 before Magistrate Judge N. Reid Neureiter. Five minutes prior to the start of the hearing, the parties shall call the conference line (888) 398-2342, Access Code 5755390# to participate. Discovery due by 5/31/2024. Dispositive Motions due by 7/19/2024. By Magistrate Judge N. Reid Neureiter on September 25, 2023. (rvill, ) (Entered: 09/26/2023)

Sept. 25, 2023

Sept. 25, 2023

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56

MOTION to Withdraw as Attorney by Defendant Jared S. Polis. (Sullivan, Grant) (Entered: 12/22/2023)

Dec. 22, 2023

Dec. 22, 2023

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57

ORDER by Chief Judge Philip A. Brimmer on 12/27/2023 re: 56 Motion to Withdraw as Counsel is GRANTED. Attorney Grant T. Sullivan is terminated from this case. Text Only Entry.(jtorr, ) (Entered: 12/27/2023)

Dec. 27, 2023

Dec. 27, 2023

PACER

Order on Motion to Withdraw as Attorney

Dec. 27, 2023

Dec. 27, 2023

PACER
58

MINUTE ENTRY for proceedings held before Magistrate Judge N. Reid Neureiter: Status Conference held on 1/25/2024. FTR: Courtroom C203. (rvill, ) (Entered: 01/26/2024)

Jan. 25, 2024

Jan. 25, 2024

PACER
59

Unopposed MOTION to Stay Matter by Plaintiffs Tate Mosgrove, Adrian S Pineda, Rocky Mountain Gun Owners. (Arrington, Barry) (Entered: 02/01/2024)

Feb. 1, 2024

Feb. 1, 2024

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60

ORDER by Chief Judge Philip A. Brimmer on 2/6/2024, re: 59 Plaintiffs' Unopposed Motion to Stay is GRANTED. ORDERED that, pursuant to D.C.COLO.LCivR 41.2, this case is administratively closed. Either party may move to reopen the case for good cause. ORDERED that the parties shall file a status report with the Court within 21 days of the Tenth Circuit's ruling in Case No. 23-1251.(jtorr, ) (Entered: 02/06/2024)

Feb. 6, 2024

Feb. 6, 2024

RECAP
61

MOTION to Withdraw as Attorney of Record by Defendant Jared S. Polis. (Worthington, Matthew) (Entered: 09/16/2024)

Sept. 16, 2024

Sept. 16, 2024

PACER
62

ORDER by Chief Judge Philip A. Brimmer on 9/16/2024 re: 61 Motion to Withdraw as Attorney is GRANTED. Attorney Matthew John Worthington is terminated from this case. Text Only Entry(pabsec, ) (Entered: 09/16/2024)

Sept. 16, 2024

Sept. 16, 2024

PACER

Order on Motion to Withdraw as Attorney

Sept. 16, 2024

Sept. 16, 2024

PACER
63

NOTICE of Entry of Appearance by Joseph G. Michaels on behalf of Jared S. PolisAttorney Joseph G. Michaels added to party Jared S. Polis(pty:dft) (Michaels, Joseph) (Entered: 09/24/2024)

Sept. 24, 2024

Sept. 24, 2024

PACER
64

NOTICE of Entry of Appearance by Peter G. Baumann on behalf of Jared S. PolisAttorney Peter G. Baumann added to party Jared S. Polis(pty:dft) (Baumann, Peter) (Entered: 09/24/2024)

Sept. 24, 2024

Sept. 24, 2024

PACER
65

MOTION to Withdraw as Attorney of Record by Defendant Jared S. Polis. (Kotlarczyk, Michael) (Entered: 09/26/2024)

Sept. 26, 2024

Sept. 26, 2024

PACER
66

ORDER by Chief Judge Philip A. Brimmer on 9/27/2024 65 Motion to Withdraw as Attorney is GRANTED. Attorney Michael T. Kotlarczyk is terminated from this case. Text Only Entry(pabsec, ) (Entered: 09/27/2024)

Sept. 27, 2024

Sept. 27, 2024

PACER

Order on Motion to Withdraw as Attorney

Sept. 27, 2024

Sept. 27, 2024

PACER
67

USCA Publish as to 41 Notice of Appeal filed by Jared S. Polis : This case originated in the District of Colorado and was argued by counsel.The judgment of that court is reversed. The case is remanded to the United States District Court for the District of Colorado for further proceedings in accordance with the opinion of this court. (USCA Case No. 23-1251) (This document is not the Mandate) (Attachments: # 1 USCA Judgment)(dgumb, ) (Entered: 11/05/2024)

Nov. 5, 2024

Nov. 5, 2024

PACER
68

MOTION for Order to Dissolve the Preliminary Injunction by Defendant Jared S. Polis. (Michaels, Joseph) Modified on 1/28/2025 to remove gavel per 75 Order (dgumb, ). (Entered: 11/25/2024)

Nov. 25, 2024

Nov. 25, 2024

PACER
69

STATUS REPORT by Plaintiffs Rocky Mountain Gun Owners, Adrian S Pineda, Tate Mosgrove, Defendant Jared S. Polis. (Michaels, Joseph) (Entered: 11/25/2024)

Nov. 25, 2024

Nov. 25, 2024

PACER
70

MANDATE of USCA as to 41 Notice of Appeal filed by Jared S. Polis, 67 USCA Order/Opinion/Judgment, : (USCA Case No. 23-1251) (dgumb, ) (Entered: 11/27/2024)

Nov. 27, 2024

Nov. 27, 2024

PACER
71

STATUS REPORT by Plaintiffs Rocky Mountain Gun Owners, Adrian S Pineda, Tate Mosgrove, Defendant Jared S. Polis. (Baumann, Peter) (Entered: 12/10/2024)

Dec. 10, 2024

Dec. 10, 2024

PACER
72

Proposed Scheduling Order, Amended by Plaintiffs Rocky Mountain Gun Owners, Adrian S Pineda, Tate Mosgrove, Defendant Jared S. Polis. (Michaels, Joseph) (Entered: 01/23/2025)

Jan. 23, 2025

Jan. 23, 2025

PACER
73

NOTICE of Filing Amended Pleading by Plaintiffs Matthew M. L. Newkirk, Rocky Mountain Gun Owners, Adrian S Pineda (Attachments: # 1 Marked Second Amended Complaint)(Arrington, Barry) (Entered: 01/27/2025)

Jan. 27, 2025

Jan. 27, 2025

PACER
74

AMENDED COMPLAINT Second against Jared S. Polis Attorney Barry Kevin Arrington added to party Matthew M. L. Newkirk(pty:pla), filed by Adrian S Pineda, Rocky Mountain Gun Owners, Matthew M. L. Newkirk.(Arrington, Barry) (Entered: 01/27/2025)

Jan. 27, 2025

Jan. 27, 2025

PACER
75

ORDER by Chief Judge Philip A. Brimmer on 1/28/2025, re: 70 mandate of the Tenth Circuit. ORDERED that, pursuant to D.C.COLO.LCivR 41.2, this case is administratively re-opened. ORDERED that the preliminary injunction entered on August 7, 2023 [Docket No. 37 ] is DISSOLVED. ORDERED that The Governor's Request to Forthwith Dissolve the Preliminary Injunction [Docket No. 68 ] is DENIED as moot. ORDERED that the parties shall contact Magistrate Judge N. Reid Neureiter to set appropriate deadlines and schedules consistent with this order. (dgumb, ) (Entered: 01/28/2025)

Jan. 28, 2025

Jan. 28, 2025

PACER
76

MINUTE ORDER. In light of Chief Judge Brimmer's Order (ECF No. 75 ) reopening the case, it is hereby ORDERED that the deadlines set forth in the parties' Amended Proposed Scheduling Order (ECF No. 72 ) are made an Order of Court. Specifically, the parties' simultaneous Rule 56 motions are due on or before February 28, 2025, and responses are due on or before March 28, 2025. The parties agree that reply briefs are unnecessary. Entered by Magistrate Judge N. Reid Neureiter on 2/5/2025. PLEASE READ THE ATTACHED MINUTE ORDER. (tlove, ) (Entered: 02/05/2025)

Feb. 5, 2025

Feb. 5, 2025

PACER
77

ANSWER to 74 Amended Complaint by Jared S. Polis.(Baumann, Peter) (Entered: 02/11/2025)

Feb. 11, 2025

Feb. 11, 2025

RECAP
78

Unopposed MOTION for Leave to File Out of Time 77 Answer to Amended Complaint by Defendant Jared S. Polis. (Baumann, Peter) (Entered: 02/11/2025)

Feb. 11, 2025

Feb. 11, 2025

RECAP
79

MEMORANDUM regarding 78 Unopposed MOTION for Leave to File Out of Time 77 Answer to Amended Complaint filed by Jared S. Polis. Motion referred to Magistrate Judge N. Reid Neureiter, by Chief Judge Philip A. Brimmer on 2/13/2025. Text Only Entry (pabsec, ) (Entered: 02/13/2025)

Feb. 13, 2025

Feb. 13, 2025

PACER
80

MINUTE ORDER. It is hereby ORDERED that Defendant's Unopposed Motion for File an Answer Out of Time (ECF No. 78 ) is GRANTED. The Answer to Second Amended Complaint (ECF No. 77 ) is ACCEPTED as timely filed. Entered by Magistrate Judge N. Reid Neureiter on 2/13/2025. (tlove, ) (Entered: 02/13/2025)

Feb. 13, 2025

Feb. 13, 2025

PACER

Memorandum

Feb. 13, 2025

Feb. 13, 2025

PACER
81

MOTION for Summary Judgment by Plaintiffs Matthew M. L. Newkirk, Rocky Mountain Gun Owners, Adrian S Pineda. (Attachments: # 1 Pineda Declaration, # 2 Newkirk Declaration)(Arrington, Barry) (Entered: 02/28/2025)

Feb. 28, 2025

Feb. 28, 2025

RECAP
82

MOTION for Summary Judgment by Defendant Jared S. Polis. (Attachments: # 1 Exhibit A, Plaintiffs' Rule 26 Disclosures, # 2 Exhibit B, Cornell Declaration, # 3 Exhibit C, Spitzer Declaration, # 4 Exhibit D, Rivas Declaration, # 5 Exhibit E, Steinberg Declaration, # 6 Exhibit F, Historical Analogues)(Michaels, Joseph) (Entered: 02/28/2025)

1 Exhibit A, Plaintiffs' Rule 26 Disclosures

View on RECAP

2 Exhibit B, Cornell Declaration

View on RECAP

3 Exhibit C, Spitzer Declaration

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4 Exhibit D, Rivas Declaration

View on RECAP

5 Exhibit E, Steinberg Declaration

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6 Exhibit F, Historical Analogues

View on RECAP

Feb. 28, 2025

Feb. 28, 2025

RECAP
83

RESPONSE to 82 MOTION for Summary Judgment filed by Plaintiffs Matthew M. L. Newkirk, Rocky Mountain Gun Owners, Adrian S Pineda. (Arrington, Barry) (Entered: 03/28/2025)

March 28, 2025

March 28, 2025

RECAP
84

RESPONSE to 81 MOTION for Summary Judgment filed by Defendant Jared S. Polis. (Michaels, Joseph) (Entered: 03/28/2025)

March 28, 2025

March 28, 2025

RECAP
85

ORDER by Chief Judge Philip A. Brimmer on 6/5/25. Plaintiffs' Motion for Summary Judgment 81 is DENIED. The Governor's Motion for Summary Judgment 82 is GRANTED. Plaintiffs' claim is DISMISSED with prejudice. This case is closed.(sgrim) (Entered: 06/05/2025)

June 5, 2025

June 5, 2025

Clearinghouse
86

FINAL JUDGMENT re: 85 Order, by Clerk on 6/6/25. (sgrim) (Entered: 06/06/2025)

June 6, 2025

June 6, 2025

PACER

Case Details

State / Territory: Colorado

Case Type(s):

Child Welfare

Key Dates

Filing Date: April 28, 2023

Closing Date: June 6, 2025

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff Rocky Mountain Gun Owners (RMGO) is a nonprofit organization. RMGO seeks to defend the right of all law-abiding individuals to keep and bear arms. Private plaintiffs are over 18 but under 21 desiring to purchase a gun.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Jared S. Polis, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Second Amendment (Right to Bear Arms)

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Discrimination Basis:

Age discrimination