Stephen Dearth, et al v. Loretta E. Lynch
| Second Amendment Foundation, Inc. and Stephen Dearth |
| National Rifle Association of America |
| Eric H. Holder, Jr. and Loretta E. Lynch |
| 12-5305 |
| September 28, 2012 |
| U.S. Court of Appeals, D.C. Circuit |
| Other |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 20, 2015. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| PER CURIAM ORDER filed [1568900] denying bill of costs [ # 1561326-2 ] [12-5305] |
| MANDATE ISSUED to Clerk, District Court [12-5305] |
| RESPONSE IN OPPOSITION FILED [1563598] by Loretta E. Lynch to bill of costs [ # 1561326-2 ] [Service Date: 07/21/2015 by CM/ECF NDA] Pages: 1-10. [12-5305] (Tenny, Daniel) |
| BILL OF COSTS FILED [1561326] by Stephen Dearth and Second Amendment Foundation, Inc. [Service Date: 07/07/2015 ] [12-5305] (Gura, Alan) |
| PER CURIAM JUDGMENT filed [1559074] that the district court's grant of summary judgment in favor of the United States be vacated with respect to plaintiff Dearth and plaintiff Second Amendment Foundation, Inc. (insofar as its claim is based on Dearths standing), and the case be remanded for trial, in accordance with the opinion of the court filed herein this date. Before Judges: Henderson, Griffith and Randolph. [12-5305] |
| OPINION filed [1559075] (Pages: 6) for the Court by Judge Randolph, CONCURRING OPINION (Pages: 6) by Judge Griffith, DISSENTING OPINION (Pages: 24) by Judge Henderson. [12-5305] |
| CLERK'S ORDER filed [1559076] withholding issuance of the mandate. [12-5305] |
| ORAL ARGUMENT HELD before Judges Henderson, Griffith and Randolph. [12-5305] |
| CLERK'S ORDER filed [1540580] rescheduling oral argument. Case now scheduled on Monday, 03/09/2015. [12-5305] |
| RESPONSE FILED [1539929] by Eric H. Holder, Jr. to letter Rule 28j authorities [ # 1538791-2 ], letter [ # 1538791-3 ], letter Rule 28j authorities [ # 1538788-2 ], letter [ # 1538788-3 ] [Service Date: 02/27/2015 by CM/ECF NDA] Pages: 1-10. [12-5305] (Tenny, Daniel) |
| FORM 72 submitted by arguing attorney, Alan Gura, on behalf of Appellants Stephen Dearth and Second Amendment Foundation, Inc. (For Internal Use Only: Form is restricted to protect counsel's personal contact information) . [12-5305] (Gura, Alan) |
| FORM 72 submitted by arguing attorney, Daniel Tenny, on behalf of Appellee Eric H. Holder, Jr. (For Internal Use Only: Form is restricted to protect counsel's personal contact information) . [12-5305] (Tenny, Daniel) |
| PER CURIAM ORDER filed [1539335] allocating oral argument time as follows: Appellants - 15 Minutes, Appellee - 15 Minutes. One counsel per side to argue; directing party to file Form 72 notice of arguing attorney by 02/27/2015 [12-5305] |
| LETTER FILED [1538791] by Stephen Dearth and Second Amendment Foundation, Inc. pursuant to FRAP 28j advising of additional authorities [Service Date: 02/23/2015 ] [12-5305] (Gura, Alan) |
| LETTER FILED [1538788] by Stephen Dearth and Second Amendment Foundation, Inc. pursuant to FRAP 28j advising of additional authorities [Service Date: 02/23/2015 ] [12-5305] (Gura, Alan) |
| APPELLEE SUPPLEMENTAL BRIEF [1535097] filed by Eric H. Holder, Jr. [Service Date: 01/30/2015 ] Length of Brief: 11 pages. [12-5305] (Tenny, Daniel) |
| APPELLANT SUPPLEMENTAL BRIEF [1535123] filed by Stephen Dearth and Second Amendment Foundation, Inc. [Service Date: 01/30/2015 ] Length of Brief: 29 pages. [12-5305] (Gura, Alan) |
| ENTRY OF APPEARANCE [1530878] filed by Daniel Tenny and co-counsel Mark B. Stern, Michael S. Raab on behalf of Appellee Eric H. Holder, Jr.. [12-5305] (Tenny, Daniel) |
| PER CURIAM ORDER filed [1528634] On the courts own motion, it is ORDERED that the parties file supplemental briefs addressing the following issues: (1) Whether appellant Dearth is alleging that 18 U.S.C. 922(a)(9) is facially unconstitutional, unconstitutional as applied to him, or both. (2) If the challenge is facial, how this court should apply the standard set forth in United States v. Salerno, 481 U.S. 739, 745 (1987) to that challenge. (3) Whether the Second Amendment Foundation has standing to challenge either 18 U.S.C. 922(a)(9) or 922(b)(3) as applied to its members under the standard set forth in Hunt v. Washington State Apple Advertising Commn, 432 U.S. 333 (1977). (4) Whether any party to this case made use of the option provided in 18 U.S.C 925(d)(4) and 27 C.F.R. 478.115(a), allowing a resident citizen to buy a firearm, expatriate, and then return to the United States with the previously purchased firearm. (5) Whether, under United States laws and regulations, non-resident citizens may bring into the United States firearms purchased abroad and, if so, for what purpose. The supplemental briefs may not exceed 30 pages and are due by 4:00 p.m. on Friday, January 30, 2015. The supplemental briefs are to address only the above-designated issues and not any issues previously briefed in this court. In addition to electronic filing, the parties are directed to deliver paper copies to the court by the time and date due. It is FURTHER ORDERED that this case be set for re-argument on March 5, 2015 at 9:30 a.m. The parties are to be prepared to address at oral argument all issues presented previously to the court as well as the issues in the supplemental briefs. A separate order will issue regarding allocation of oral argument time. Before Judges: Henderson, Griffith and Randolph. [12-5305] |
| PER CURIAM ORDER filed [1484500] granting the unopposed motion of National Rifle Association, Inc. to participate as amicus curiae [ # 1479883-2 ] Before Judges: Henderson, Griffith and Randolph. [12-5305] |
| CORRECTED APPELLEE SUPPLEMENTAL BRIEF [1483856] filed by Eric H. Holder, Jr. [Service Date: 03/13/2014 ] Length of Brief: 1,499. [12-5305] (Dasgupta, Anisha) |
| INCORRECT DOCKET ENTRY-DISREGARD-corrected brief filed-APPELLEE SUPPLEMENTAL BRIEF [1483633] filed by Eric H. Holder, Jr. [Service Date: 03/12/2014 ] Length of Brief: 1,498 words. [12-5305]--[Edited 03/14/2014 by LMC] (Dasgupta, Anisha) |
| CORRECTED AMICUS FOR APPELLANT BRIEF [1480385] filed by National Rifle Association of America [Service Date: 02/18/2014 ] Length of Brief: less than 15 pages. [12-5305] (Cooper, Charles) |
| LETTER FILED [1480387] by Stephen Dearth and Second Amendment Foundation, Inc. pursuant to FRAP 28j advising of additional authorities [Service Date: 02/18/2014 ] [12-5305] (Gura, Alan) |
| MOTION filed [1479883] by National Rifle Association of America, Inc. to participate as amicus curiae. [Disclosure Listing: Attached] [Service Date: 02/12/2014 ] [12-5305] (Cooper, Charles) |
| APPELLANT SUPPLEMENTAL BRIEF [1479259] filed by Stephen Dearth and Second Amendment Foundation, Inc. [Service Date: 02/10/2014 ] Length of Brief: 30 pages. [12-5305] (Gura, Alan) |
| CORRECTED APPELLANT SUPPLEMENTAL BRIEF [1479282] filed by Stephen Dearth and Second Amendment Foundation, Inc. [Service Date: 02/10/2014 ] Length of Brief: 30 pages. [12-5305] (Gura, Alan) |
| NOTICE filed [1479067] by National Rifle Association of America, Inc. of intention to participate as amicus curiae. [Disclosure Listing: Attached] [Service Date: 02/07/2014 ] [12-5305] (Thompson, David) |
| PER CURIAM ORDER filed [1474672], on the courts own motion, that the parties file supplemental briefs addressing the following issues: (1) Whether non-resident Americans are home? while visiting the United States; and (2) Whether the Second Amendment extends beyond the home. The supplemental briefs may not exceed 30 pages. Appellants supplemental brief is due on Monday, February 10, 2014, and appellees supplemental brief is due on Wednesday March 12, 2014. Before Judges: Henderson, Griffith and Randolph. [12-5305] |
| ORAL ARGUMENT HELD before Judges Henderson, Griffith and Randolph. [12-5305] |
| LETTER FILED [1457126] by Stephen Dearth and Second Amendment Foundation, Inc. pursuant to FRAP 28j advising of additional authorities [Service Date: 09/18/2013 ] [12-5305] (Gura, Alan) |
| FORM 72 submitted by arguing attorney, Alan Gura, on behalf of Appellants Stephen Dearth and Second Amendment Foundation, Inc.. [12-5305] (Gura, Alan) |
| FORM 72 submitted by arguing attorney, Anisha S. Dasgupta, on behalf of Appellee Eric H. Holder, Jr.. [12-5305] (Dasgupta, Anisha) |
| PER CURIAM ORDER filed [1454853] allocating oral argument time as follows: Appellants -- 15 Minutes, Appellee -- 15 Minutes. One counsel per side to argue; directing party to file Form 72 notice of arguing attorney - due 09/12/2013 [12-5305] |
| CLERK'S ORDER filed [1443193] scheduling oral argument before Judges HENDERSON, GRIFFITH, RANDOLPH Thursday, 09/19/2013 AM [12-5305] |
| CORRECTED APPELLANT REPLY BRIEF [1429746] filed by Stephen Dearth and Second Amendment Foundation, Inc. [Service Date: 04/09/2013 ] Length of Brief: 4,487 words. [12-5305] (Gura, Alan) |
| APPELLANT REPLY BRIEF [1429626] filed by Stephen Dearth and Second Amendment Foundation, Inc. [Service Date: 04/08/2013 ] Length of Brief: 4,487 words. [12-5305] (Gura, Alan) |
| CLERK'S ORDER filed [1424767] granting appellants' unopposed motion to extend time to file the reply brief [ # 1424377-2 ], The following revised briefing schedule will now apply: APPELLANT Reply Brief due 04/08/2013 [12-5305] |
| UNOPPOSED MOTION filed [1424377] by Stephen Dearth and Second Amendment Foundation, Inc. to extend time to file reply to 04/08/2013. Pages: 1-10. [12-5305] (Gura, Alan) |
| APPELLEE BRIEF [1424564] filed by Eric H. Holder, Jr. [Service Date: 03/11/2013 ] Length of Brief: 9800 words. [12-5305] (Dasgupta, Anisha) |
| APPELLANT BRIEF [1419616] filed by Stephen Dearth and Second Amendment Foundation, Inc. [Service Date: 02/08/2013 ] Length of Brief: 12,594 words. [12-5305] (Gura, Alan) |
| JOINT APPENDIX [1419614] filed [Volumes: 7] [Service Date: 02/08/2013 ] [12-5305] (Gura, Alan) |
| CLERK'S ORDER filed [1415760] granting appellants' consent motion to extend time to file the brief and appendix [ # 1414717-2 ], The following revised briefing schedule will now apply: APPELLANT Brief due 02/08/2013. Appendix due 02/08/2013. APPELLEE Brief due on 03/11/2013. APPELLANT Reply Brief due 03/25/2013 [12-5305] |
| CONSENT UNOPPOSED MOTION filed [1414717] by Stephen Dearth and Second Amendment Foundation, Inc. to extend time to file brief to 02/08/2013. [Service Date: 01/11/2013 ] Pages: 1-10. [12-5305] (Gura, Alan) |
| CLERK'S ORDER filed [1411182] setting briefing schedule: APPELLANT Brief due 02/01/2013. Appendix due 02/01/2013. APPELLEE Brief due on 03/04/2013. APPELLANT Reply Brief due 03/18/2013 [12-5305] |
| STATEMENT OF INTENT REGARDING APPENDIX DEFERRAL FILED [1402597] by Stephen Dearth and Second Amendment Foundation, Inc. [Service Date: 11/01/2012 ] Intent: AppxNotDeferred [12-5305] (Gura, Alan) |
| UNDERLYING DECISION IN CASE submitted [1402593] by Stephen Dearth and Second Amendment Foundation, Inc. [12-5305] (Gura, Alan) |
| TRANSCRIPT STATUS REPORT [1402601] by Stephen Dearth and Second Amendment Foundation, Inc. [Service Date: 11/01/2012 ]. Status of Transcripts: Final - All transcripts needed for the appeal have been completed and received. [12-5305] (Gura, Alan) |
| CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES FILED [1402598] by Stephen Dearth and Second Amendment Foundation, Inc. [Service Date: 11/01/2012 ] [12-5305] (Gura, Alan) |
| CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES FILED [1402695] by Eric H. Holder, Jr. [Service Date: 11/01/2012 ] [12-5305] (Dasgupta, Anisha) |
| STATEMENT OF ISSUES FILED [1402602] by Stephen Dearth and Second Amendment Foundation, Inc. [Service Date: 11/01/2012 ] [12-5305] (Gura, Alan) |
| ENTRY OF APPEARANCE filed [1398007] by Alan Gura on behalf of Appellants Stephen Dearth and Second Amendment Foundation, Inc.. [12-5305] (Gura, Alan) |
| DOCKETING STATEMENT FILED [1398009] by Stephen Dearth and Second Amendment Foundation, Inc. [Service Date: 10/04/2012 ] [12-5305] (Gura, Alan) |
| ENTRY OF APPEARANCE filed [1397958] by Anisha S. Dasgupta and co-counsel Michael S. Raab on behalf of Appellee Eric H. Holder, Jr.. [12-5305] (Dasgupta, Anisha) |
| CLERK'S ORDER filed [1397655] directing party to file initial submissions: APPELLANT docketing statement due 11/01/2012. APPELLANT certificate as to parties, etc. due 11/01/2012. APPELLANT statement of issues due 11/01/2012. APPELLANT underlying decision due 11/01/2012. APPELLANT deferred appendix statement due 11/01/2012. APPELLANT notice of appearance due 11/01/2012. APPELLANT transcript status report due 11/01/2012. APPELLANT procedural motions due 11/01/2012. APPELLANT dispositive motions due 11/16/2012; directing party to file initial submissions: APPELLEE certificate as to parties, etc. due 11/01/2012. APPELLEE entry of appearance due 11/01/2012. APPELLEE procedural motions due 11/01/2012. APPELLEE dispositive motions due 11/16/2012 [12-5305] |
| NOTICE OF APPEAL filed [1397652] by Stephen Dearth and Second Amendment Foundation, Inc. seeking review of a decision by the U.S. District Court in 1:09-cv-00587-RLW. Assigned USCA Case Number [12-5305] |
| US CIVIL CASE docketed. [12-5305] |
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.
