Daniel Binderup v. Attorney General United States
| DANIEL BINDERUP |
| NATIONAL RIFLE ASSOCIATION OF AMERICA |
| ATTORNEY GENERAL UNITED STATES OF AMERICA and DIRECTOR BUREAU OF ALCOHOL TOBACCO FIREARMS & EXPLOSIVES |
| 14-4549 |
| November 26, 2014 |
| U.S. Court of Appeals, Third Circuit |
| Other |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 26, 2017. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| NOTICE of U.S. Supreme Court disposition at No. 16-983. Petition for Writ of Ceriorari filed by Daniel Binderup, et al. denied on 06/26/2017. Justice Ginsburg and Justice Sotomayor would grant the petition for a writ of certiorari. [15-1975, 14-4549, 14-4550, 15-1976] (LML) [Entered: 10/15/2018 11:27 AM] |
| NOTICE of U.S. Supreme Court disposition at No. 16-847. Petition for Writ of Ceriorari filed by Attorney General United States of America denied on 06/26/2017. Justice Ginsburg and Justice Sotomayor would grant the petition for a writ of certiorari. [14-4549, 14-4550] --[Edited 06/26/2017 by AWI] (AWI) [Entered: 06/26/2017 03:03 PM] |
| NOTICE from U.S. Supreme Court. Petition for Writ of Certiorari filed by Attorney General United States of America on 01/05/2016 and placed on the docket on 01/05/2017. Supreme Court Case No. 16-847. [14-4549, 14-4550] (AWI) |
| U.S. Supreme Court Letter dated 11/21/2016 granting Appellant/Cross- Appellee Attorney General United States of America in 14-4549, & 14-4550 an extension of time to and including 01/05/2017 to file petition for writ of certiorari. Supreme Court Application No. 16A510. [14-4549, 14-4550] (CRG) |
| MANDATE ISSUED, filed. [14-4549, 14-4550] (AWI) |
| PRECEDENTIAL OPINION Coram: MCKEE, Chief Judge, AMBRO, FUENTES*, SMITH, FISHER, CHAGARES, JORDAN, HARDIMAN, GREENAWAY JR., VANASKIE, SHWARTZ, KRAUSE, RESTREPO, NYGAARD* and ROTH*, Circuit Judges. Total Pages: 174. Judge: AMBRO Authoring, Judge: FUENTES Concurring in part, Dissenting in part, and dissenting from the judgments, Judge: HARDIMAN Concurring in part and concurring in the judgments. [14-4549, 14-4550, 15-1975, 15-1976] (CND) |
| JUDGMENT, Affirmed. Costs are not assessed. [14-4549, 14-4550] (CND) |
| ECF FILER: Response filed by Appellants Attorney General United States of America and Director Bureau of Alcohol Tobacco Firearms & Explosives in 15-1975, 14-4549, Appellees Attorney General United States of America and Director Bureau of Alcohol Tobacco Firearms & Explosives in 14-4550, 15-1976 to court letter. Certificate of Service dated 07/08/2016. [15-1975, 14-4549, 14-4550, 15-1976] (PN) |
| ECF FILER: Response filed by Appellee Daniel Binderup in 14-4549, Appellant Daniel Binderup in 14-4550, Appellee Julio Suarez in 15-1975, Appellant Julio Suarez in 15-1976 to court letter. Certificate of Service dated 07/08/2016. [14-4549, 14-4550, 15-1975, 15-1976] (AG) |
| ECF FILER: Response filed by Amicus Curiae National Rifle Association of America in 14-4549, 14-4550 to court letter. Certificate of Service dated 07/07/2016. [14-4549, 14-4550] (SBT) |
| CLERK'S LETTER to counsel written at the direction of the Court. You are hereby directed to file supplemental briefs commenting on the effect, if any, of the Supreme Court's decision in Voisine v. United States, No. 14-10154, on the pending appeals in the above-captioned cases. Briefs may be in letter form, single spaced and are not to exceed. 7 pages. They should be submitted no later than 10 days from the date of this notice. [14-4549, 14-4550, 15-1975, 15-1976] (PM) |
| ECF FILER: Response filed by Appellants Attorney General United States of America and Director Bureau of Alcohol Tobacco Firearms & Explosives in 15-1975, 14-4549, Appellees Attorney General United States of America and Director Bureau of Alcohol Tobacco Firearms & Explosives in 14-4550, 15-1976 to Rule 28(j) letter. Certificate of Service dated 06/14/2016. This document will be SENT TO THE MERITS PANEL, if/when applicable. [15-1975, 14-4549, 14-4550, 15-1976] (PN) |
| ECF FILER: Letter dated 06/08/2016, filed pursuant to Rule 28(j) from counsel for Appellee/Appellant Daniel Binderup in 14-4549 & 14-4550, Appellee/Appellant Julio Suarez in 15-1975 & 15-1976. This document will be SENT TO THE MERITS PANEL, if/when applicable. [14-4549, 14-4550, 15-1975, 15-1976] (AG) |
| ARGUED on Wednesday, June 01, 2016. Panel: MCKEE, Chief Judge, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, HARDIMAN, GREENAWAY JR., VANASKIE, SHWARTZ, KRAUSE, RESTREPO, *NYGAARD and *ROTH, Circuit Judges. Alan Gura arguing for Appellee Daniel Binderup; Alan Gura arguing for Appellant Daniel Binderup; Alan Gura arguing for Appellee Julio Suarez; Alan Gura arguing for Appellant Julio Suarez; Patrick Nemeroff arguing for Appellant Attorney General United States of America;Patrick Nemeroff arguing for Appellee Attorney General United States of America; Patrick Nemeroff arguing for Appellant Attorney General United States of America; Patrick Nemeroff arguing for Appellee Attorney General United States of America. [14-4549, 14-4550, 15-1975, 15-1976] *(Judges Nygaard and Roth will be present for the consolidated argument, but their participation is limited to the appeals at Nos. 14-4549 and 14-4550 pursuant to 3d. Cir. I.O.P. 9.6.4.) (PM) |
| COURT MINUTES OF ARGUED/SUBMITTED CASES. [14-4549, 14-4550, 15-1975, 15-1976] (PM) |
| CLERK'S LETTER to counsel written at the direction of the Court, counsel are hereby informed that, inasmuch a US v. Essig, 10 F.3d 968 (3d Cir. 1993) and US v. Leuschen, 395 F.3d 155 (3d Cir. 2005), foreclose the statutory challenges in these appeals, counsel are informed that the Court is only interested in the constitutional challenge that is presented. [14-4549, 14-4550, 15-1975, 15-1976] (PM) |
| ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Patrick Nemeroff, Esq. for Appellants Director Bureau of Alcohol Tobacco Firearms & Explosives and Attorney General United States of America in 14-4549, Attorney Patrick Nemeroff, Esq. for Appellees Director Bureau of Alcohol Tobacco Firearms & Explosives and Attorney General United States of America in 14-4550, 15-1975, 15-1976. Certificate of Service dated 05/23/2016. [14-4549, 14-4550, 15-1975, 15-1976] (PN) |
| ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Alan Gura, Esq. for Appellee Daniel Binderup in 14-4549, Attorney Alan Gura, Esq. for Appellant Daniel Binderup in 14-4550, Attorney Alan Gura, Esq. for Appellee Julio Suarez in 15-1975, Attorney Alan Gura, Esq. for Appellant Julio Suarez in 15-1976. Certificate of Service dated 05/23/2016. [14-4549, 14-4550, 15-1975, 15-1976] (AG) |
| ECF FILER: Response filed by Appellee Daniel Binderup in 14-4549, Appellant Daniel Binderup in 14-4550, Appellee Julio Suarez in 15-1975 to court letter. Certificate of Service dated 05/19/2016. [14-4549, 14-4550, 15-1975] (AG) |
| ECF FILER: Response filed by Appellants Attorney General United States of America and Director Bureau of Alcohol Tobacco Firearms & Explosives in 15-1975, 14-4549, Appellees Attorney General United States of America and Director Bureau of Alcohol Tobacco Firearms & Explosives in 14-4550, 15-1976 to court letter. Certificate of Service dated 05/19/2016. [15-1975, 14-4549, 14-4550, 15-1976] (PN) |
| ECF FILER: Response filed by Amicus Curiae National Rifle Association of America in 14-4549, 14-4550 to court letter. Certificate of Service dated 05/17/2016. [14-4549, 14-4550] (SBT) |
| CLERK'S LETTER to counsel written at the direction of the Court, counsel are directed to submit supplemental briefing within 10 days and is limited to 10 pages on the following enclosed issues. (Please see the attachment for more information.) [14-4549, 14-4550, 15-1975, 15-1976] (PM) |
| HARD COPY RECEIVED from Amicus Curiae National Rifle Association of America in 14-4549, 14-4550 - Amicus Brief. Copies: 25. Purpose: Rehearing En Banc. [14-4549, 14-4550] (SJB) |
| HARD COPY RECEIVED from Appellants Attorney General United States of America and Director Bureau of Alcohol Tobacco Firearms & Explosives in 14-4549, Appellees Attorney General United States of America and Director Bureau of Alcohol Tobacco Firearms & Explosives in 14-4550 - Brief with Volume I of Appendix attached. Copies: 23. Purpose: Rehearing En Banc. [14-4549, 14-4550] (KEL) |
| HARD COPY RECEIVED from Appellants Attorney General United States of America and Director Bureau of Alcohol Tobacco Firearms & Explosives in 14-4549, Appellees Attorney General United States of America and Director Bureau of Alcohol Tobacco Firearms & Explosives in 14-4550 - 3rd Step Response/Reply Brief. Copies: 23. Purpose: Rehearing En Banc. [14-4549, 14-4550] (KEL) |
| HARD COPY RECEIVED from Appellants Attorney General United States of America and Director Bureau of Alcohol Tobacco Firearms & Explosives in 14-4549, Appellees Attorney General United States of America and Director Bureau of Alcohol Tobacco Firearms & Explosives in 14-4550 - Joint Appendix. Copies: 12. Volumes: 2 (Volume I attached to Brief). Purpose: Rehearing En Banc. [14-4549, 14-4550] (EMA) |
| HARD COPY RECEIVED from Appellee Daniel Binderup in 14-4549, Appellant Daniel Binderup in 14-4550 - Reply Brief. Copies: 23. Purpose: Rehearing En Banc. [14-4549, 14-4550] (KEL) |
| HARD COPY RECEIVED from Appellee Daniel Binderup in 14-4549, Appellant Daniel Binderup in 14-4550 - Brief. Copies: 23. Purpose: Rehearing En Banc. [14-4549, 14-4550] (KEL) |
| Oral Argument Notification for Wednesday, 06/01/2016. [14-4549, 14-4550, 15-1975, 15-1976] (PM) |
ORDER (Clerk) In light of the Court's Order of April 21, 2016, the appeals at Nos. 14-4549, 14-4950, 15-1975 and 15-1976 are hereby consolidated for purposes of the en banc argument and disposition. Judges Nygaard and Roth will be present for the consolidated argument, but their participation is limited to the appeals at Nos. 14-4549 and 14-4550 pursuant to 3d. Cir. I.O.P. 9.6.4. [14-4549, 14-4550, 15-1975, 15-1976] (CND)
|
| CLERK LETTER SENT to all counsel of record requesting additional copies of briefs and appendices for the purposes of en banc rehearing. [14-4549, 14-4550, 15-1975, 15-1976] (GPK) |
| SUA SPONTE ORDER (Coram: MCKEE, Chief Judge, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, HARDIMAN, GREENAWAY JR., VANASKIE, SHWARTZ, KRAUSE and RESTREPO, Circuit Judges*) it is ordered that the Court sua sponte, orders rehearing en banc in the cases 15-1975, 15-1976, 14-4549 & 14-4550. The Clerk of this Court will list the cases for rehearing en banc for June 1, 2016. The combined total time allotted to each side will be 30 minutes of argument. Counsel will inform the Clerk's office as to how they wish to divide the 30 minutes of argument no later that May 13, 2016, filed. Authoring Judge: Chief Judge McKee. *Judges Nygaard and Roth will participate as a member of the en banc court pursuant to 3d Cir. I.O.P. 9.6.4. for case numbers 14-4549/14-4550 . (TYW) |
| STATE COURT RECORD returned. 1 jacket. [14-4549, 14-4550] (KEL) |
| STATE COURT RECORD received. [14-4549, 14-4550] (KAG) |
| COURT MINUTES OF ARGUED/SUBMITTED CASES. [14-3906, 14-4549, 14-4550, 14-4802] (PM) |
| ARGUED on Thursday, July 09, 2015. Panel: FUENTES, NYGAARD and ROTH, Circuit Judges. Alan Gura arguing for Appellee Daniel Binderup; Alan Gura arguing for Appellant Daniel Binderup; Patrick Nemeroff arguing for Appellant Attorney General United States of America; Patrick Nemeroff arguing for Appellee Attorney General United States of America. [14-4549, 14-4550] (PM) |
| HARD COPY RECEIVED from Appellee Daniel Binderup in 14-4549, Appellant Daniel Binderup in 14-4550 - Reply Brief. Copies: 7. [14-4549, 14-4550] (SJB) |
| ECF FILER: ELECTRONIC REPLY BRIEF on behalf of Appellee Daniel Binderup in 14-4549, Appellant Daniel Binderup in 14-4550, filed. Certificate of Service dated 06/26/2015 by ECF. [14-4549, 14-4550] (AG) |
| Oral Argument Notification for Thursday, 07/09/2015. [14-4549, 14-4550] (TLG) |
| TEXT ONLY ORDER (Clerk) granting unopposed motion for extension of time to file reply brief filed by Appellee/Cross-Appellant Daniel Binderup. Appellee/Cross-Appellant's reply brief must be filed on or before 06/26/2015, filed. [14-4549, 14-4550] (CND) |
| ECF FILER: UNOPPOSED Motion filed by Appellee Daniel Binderup in 14-4549, Appellant Daniel Binderup in 14-4550 for Extension of Time to file Reply brief until and through 6/26/15. Certificate of Service dated 06/11/2015. [14-4549, 14-4550]--[Edited 06/11/2015 by CND] (AG) |
| HARD COPY RECEIVED from Appellants Attorney General United States of America and Director Bureau of Alcohol Tobacco Firearms & Explosives in 14-4549, Appellees Attorney General United States of America and Director Bureau of Alcohol Tobacco Firearms & Explosives in 14-4550 - Reply Brief. Copies: 7. [14-4549, 14-4550] (SJB) |
| ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Patrick Nemeroff, Esq. for Appellants Director Bureau of Alcohol Tobacco Firearms & Explosives and Attorney General United States of America in 14-4549, Attorney Patrick Nemeroff, Esq. for Appellees Director Bureau of Alcohol Tobacco Firearms & Explosives and Attorney General United States of America in 14-4550. Certificate of Service dated 06/03/2015. [14-4549, 14-4550] (PN) |
| ECF FILER: ELECTRONIC REPLY BRIEF on behalf of Appellants Attorney General United States of America and Director Bureau of Alcohol Tobacco Firearms & Explosives in 14-4549, Appellees Attorney General United States of America and Director Bureau of Alcohol Tobacco Firearms & Explosives in 14-4550, filed. Certificate of Service dated 06/03/2015 by ECF. [14-4549, 14-4550][Changed event and docket text]--[Edited 06/04/2015 by MCW] (PN) |
| ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Alan Gura, Esq. for Appellee Daniel Binderup in 14-4549, Attorney Alan Gura, Esq. for Appellant Daniel Binderup in 14-4550. Certificate of Service dated 05/18/2015. [14-4549, 14-4550] (AG) |
| TEXT ONLY ORDER (Clerk) No action will be taken on the Motion by Appellee/Cross-Appellant for Extension of Time to File Fourth-Step Brief. The deadline for filing Appellee/Cross-Appellant's fourth-step brief will be established from the date of service of Appellant/Cross-Appellee's third-step brief. If Appellee/Cross-Appellant requires additional time beyond the date established once the third-step brief is served, he may file a renewed motion for extension of time. [14-4549, 14-4550] (ARR) |
| Calendared for Thursday, 07/09/2015. [14-4549, 14-4550] (PM) |
| ECF FILER: UNOPPOSED Motion filed by Appellee/Cross-Appellant Daniel Binderup in 14-4549 and 14-4550 for Extension of Time to file 4th Step Brief until 6/26/15. Certificate of Service dated 05/11/2015. --[Edited 05/12/2015 by AWI] (AG) |
| ECF FILER: LETTER from Attorney Patrick Nemeroff, Esq. for Appellants Director Bureau of Alcohol Tobacco Firearms & Explosives and Attorney General United States of America in 14-4549. Counsel is unavailable for the following dates: 07/13/2015, 07/14/2015, 07/16/2015, 07/17/2015, [14-4549, 14-4550] (PN) |
| TEXT ONLY ORDER (Clerk) granting Motion for extension of time to file reply brief filed by Appellants/Cross-Appellees Director Bureau of Alcohol Tobacco Firearms & Explosives and Attorney General United States of America. Appellants/Cross-Appellees reply brief must be filed and served on or before June 3, 2015, filed. [14-4549, 14-4550] (ARR) |
| HARD COPY RECEIVED from Amicus Curiae National Rifle Association of America in 14-4549, 14-4550 - Amicus Brief. Copies: 7. [14-4549, 14-4550] (KEL) |
| ECF FILER: ELECTRONIC AMICUS/INTERVENOR BRIEF on behalf of Amicus Curiae National Rifle Association of America in support of Appellee/Cross-Appellant, filed. Certificate of Service dated 04/06/2015 by ECF. F.R.A.P. 29(a) Permission: YES. [14-4549, 14-4550] (SBT) |
| ECF FILER: DISCLOSURE STATEMENT on behalf of Amicus Curiae National Rifle Association, filed. [14-4549, 14-4550] (SBT) |
| ECF FILER: ENTRY OF APPEARANCE from Stefan B. Tahmassebi on behalf of Amicus Curiae National Rifle Association of America. [14-4549, 14-4550] (SBT) |
| HARD COPY RECEIVED from Appellee Daniel Binderup in 14-4549, Appellant Daniel Binderup in 14-4550 - Brief. Copies: 7. [14-4549, 14-4550] (RM) |
| ECF FILER: UNOPPOSED Motion filed by Appellants Attorney General United States of America and Director Bureau of Alcohol Tobacco Firearms & Explosives in 14-4549, Appellees Attorney General United States of America and Director Bureau of Alcohol Tobacco Firearms & Explosives in 14-4550 for Extension of Time to file Reply Brief until/for 30 days, to and including June 3, 2015. Certificate of Service dated 03/30/2015. [14-4549, 14-4550] (ACW) |
| ECF FILER: ELECTRONIC BRIEF on behalf of Appellee Daniel Binderup in 14-4549, Appellant Daniel Binderup in 14-4550, filed. Certificate of Service dated 03/30/2015 by ECF. [14-4549, 14-4550] (AG) |
| ECF FILER: ENTRY OF APPEARANCE from Abby C. Wright on behalf of Appellant(s) Eric H. Holder, Jr. and B. Todd Jones. [14-4549, 14-4550] (ACW) |
| HARD COPY RECEIVED from Appellants/Cross-Appellees Attorney General United States of America and Director Bureau of Alcohol Tobacco Firearms & Explosives in 14-4549 & 14-4550 - Brief with Volume I of Appendix attached. Copies: 7.--[Edited 02/20/2015 by MS] (RM) |
| HARD COPY RECEIVED from Appellants Attorney General United States of America and Director Bureau of Alcohol Tobacco Firearms & Explosives in 14-4549, Appellees Attorney General United States of America and Director Bureau of Alcohol Tobacco Firearms & Explosives in 14-4550 - Joint Appendix. Copies: 4. Volumes: 2 (Volume I attached to Brief). [14-4549, 14-4550] (MCW) |
| ECF FILER: ELECTRONIC JOINT APPENDIX on behalf of Appellants/Cross-Appellees Attorney General United States of America and Director Bureau of Alcohol Tobacco Firearms & Explosives in 14-4549 & 14-4550, filed. Certificate of service dated 02/19/2015 by ECF. [Entry was spread to 14-4550 by the Clerk's Office]--[Edited 02/20/2015 by MS] (PN) |
| ECF FILER: ELECTRONIC BRIEF on behalf of Appellants/Cross-Appellees Attorney General United States of America and Director Bureau of Alcohol Tobacco Firearms & Explosives in 14-4549 & 14-4550, filed. Certificate of Service dated 02/19/2015 by ECF. [Entry was spread to 14-4550 by the Clerk]--[Edited 02/20/2015 by MS] (PN) |
|
ORDER (Clerk) granting joint motion to revise the briefing schedule. Appellants/Cross-Appellee's brief and appendix must be filed and served on or before February 19, 2015. Appellee/Cross-Appellant's brief must be filed and served on or before March 30, 2015, filed. [14-4549, 14-4550] (TMK)
|
| ECF FILER: JOINT Motion filed by Appellants Attorney General United States of America and Director Bureau of Alcohol Tobacco Firearms & Explosives in 14-4549, Appellees Attorney General United States of America and Director Bureau of Alcohol Tobacco Firearms & Explosives in 14-4550 for Extension of Time to file Opening briefs until/for 2/19/2015 and 3/30/2015. Certificate of Service dated 01/09/2015. [14-4549, 14-4550] (PN) |
| BRIEFING NOTICE ISSUED. 1st Brief on behalf of Brief on behalf of Appellants Attorney General United States of America and Director Bureau of Alcohol Tobacco Firearms & Explosives due on or before 01/20/2015. Appendix due on or before 01/20/2015. [14-4549, 14-4550] (TMK) |
| ECF FILER: ENTRY OF APPEARANCE from Michael S. Raab on behalf of Appellant(s) Eric H. Holder, Jr., Attorney General of the United States; B. Tood Jones, Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives. [14-4549, 14-4550] (PN) |
| ECF FILER: ENTRY OF APPEARANCE from Patrick G. Nemeroff on behalf of Appellant(s) Eric H. Holder, Jr., Attorney General of the United States; B. Tood Jones, Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives. [14-4549, 14-4550] (PN) |
| ECF FILER: Concise Summary of the Case filed by Appellants Attorney General United States of America and Director Bureau of Alcohol Tobacco Firearms & Explosives, received. (PN) |
| ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellants Attorney General United States of America and Director Bureau of Alcohol Tobacco Firearms & Explosives, filed. (PN) |
| ECF FILER: Transcript Purchase Order Form (Part 1) filed by Appellants Attorney General United States of America and Director Bureau of Alcohol Tobacco Firearms & Explosives advising this court that transcripts are not needed. (PN) |
| ECF FILER: ENTRY OF APPEARANCE from Alan Gura on behalf of Appellee(s) Daniel Binderup.--[Edited 12/01/2014 by TMK] (AG) |
| RECORD available on District Court CM/ECF. (TMK) |
| CIVIL CASE DOCKETED. Notice filed by Appellants Attorney General United States of America and Director Bureau of Alcohol Tobacco Firearms & Explosives in District Court No. 5-13-cv-06750. (TMK) |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
