Hollis v. Lynch et al
| Jay Aubrey Isaac Hollis |
| Eric H Holder, Jr, B Todd Jones, Loretta E Lynch and Thomas E Brandon |
| 3:2014cv03872 |
| October 30, 2014 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| Hunt |
| Barbara MG Lynn |
| Civil Rights: Other Civil Rights |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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| Filing 51 JUDGMENT/MANDATE of USCA as to #48 Notice of Appeal. The judgment of the District Court is affirmed. Issued as Mandate: 8/24/2016. (axm) |
| Filing 50 Opinion of USCA in accordance with USCA judgment re #48 Notice of Appeal. The district court's denial of discovery under Rule 56(d) AFFIRMED. (axm) |
| Record on Appeal for USCA5 15-10803 (related to #48 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA), 1 Volume(s) electronic transcript. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so, since the USCA5 briefing deadline has now been set. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by #contacting the appeals deputy in advance to arrange delivery. (svc) |
| USCA Case Number 15-10803 for #48 Notice of Appeal, filed by Jay Aubrey Isaac Hollis. (svc) |
| Filing 49 Transcript Order Form: re #48 Notice of Appeal, transcript not requested (Stamboulieh, Stephen) |
| Filing 48 NOTICE OF APPEAL to the Fifth Circuit as to #45 Memorandum Opinion and Order,,, #47 Judgment by Jay Aubrey Isaac Hollis. Filing fee $505, receipt number 0539-7002943. T.O. form to appellant electronically at #Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. (Stamboulieh, Stephen) |
Filing 47
JUDGMENT: It is ORDERED that Plaintiff shall take nothing on his claims against Defendants. All court costs are taxed against the Plaintiff. (Ordered by Judge Barbara M.G. Lynn on 8/7/2015) (twd)
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Filing 46
ELECTRONIC ORDER DENYING #43 Joint Motion for Leave to File Supplemental Authority. The Joint Motion is DENIED as moot. (Ordered by Judge Barbara M.G. Lynn on 8/7/2015)(chmb)
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Filing 45
MEMORANDUM OPINION AND ORDER: For the reasons stated, the Defendants' 12(b)(1) #13 Motion to Dismiss Plaintiff's Second Amendment ("Count I") and Commerce Clause ("Count II") claims for lack of standing is GRANTED, and those claims are DISMISSED. Defendants' #13 12(b)(6) Motion to Dismiss Plaintiff's due process ("Count III"), equal protection ("Count IV"), and Plaintiff's alternative request for declaratory relief that 922(o) does not apply to Plaintiff or the Hollis Trust (Dkt. No. #1 3) is GRANTED, and those claims are DISMISSED with prejudice. Plaintiff's Motion for Discovery under Fed. R. Civ. P. 56(d) is DENIED as moot. (Ordered by Judge Barbara M.G. Lynn on 8/7/2015) (twd)
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| Filing 44 Brief/Memorandum in Support filed by Jay Aubrey Isaac Hollis, B Todd Jones, Loretta E Lynch re #43 Joint MOTION for Leave to File Joint Notice of Supplemental Authority (Stamboulieh, Stephen) |
| Filing 43 Joint MOTION for Leave to File Joint Notice of Supplemental Authority filed by Jay Aubrey Isaac Hollis, B Todd Jones, Loretta E Lynch (Attachments: #1 Exhibit(s) Proposed Notice, #2 Proposed Order) (Stamboulieh, Stephen) |
| Filing 42 Supplemental Document by Jay Aubrey Isaac Hollis ,Notice of Supplemental Authority. (Attachments: #1 Exhibit(s) Johnson v. United States) (Stamboulieh, Stephen) |
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Filing 41
ELECTRONIC ORDER GRANTING #39 Plaintiff's Motion for Leave to File Supplemental Authority. No response will be permitted. (Ordered by Judge Barbara M.G. Lynn on 7/2/2015)(chmb)
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| Filing 40 Brief/Memorandum in Support filed by Jay Aubrey Isaac Hollis re #39 Unopposed MOTION for Leave to File Notice of Supplemental Authority (Stamboulieh, Stephen) |
| Filing 39 Unopposed MOTION for Leave to File Notice of Supplemental Authority filed by Jay Aubrey Isaac Hollis (Attachments: #1 Exhibit(s) Notice of Supplemental Authority, #2 Proposed Order) (Stamboulieh, Stephen) |
| Filing 38 Notice of Filing of Official Electronic Transcript of Motions Proceedings held on April 23, 2015 before Judge Lynn. Court Reporter/Transcriber D. Keith Johnson, Telephone number 214-753-2325. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a #Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (80 pages) Redaction Request due 7/7/2015. Redacted Transcript Deadline set for 7/17/2015. Release of Transcript Restriction set for 9/14/2015. (dkj) |
| Filing 37 NOTICE of Correspondence to the Court filed by Jay Aubrey Isaac Hollis (Attachments: #1 Exhibit(s) "A" Stemple Letter Correspondence) (Stamboulieh, Stephen) |
| Filing 36 Minute Entry for proceedings held before Judge Barbara M.G. Lynn: Motion Hearing held on 4/23/2015 re # 13 Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction, Motion for Summary Judgment filed by Eric H Holder, Jr, B Todd Jones. Attorney Appearances: Plaintiff - Stephen Stamboulieh, Elisha Hollis, Alan Beck; Defense - Eric J. Soskin, Daniel M. Riess. (Court Reporter: Keith Johnson) (No exhibits) Time in Court - 1:45. Order to Enter (ykp) |
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Filing 35
ORDER SETTING HEARING: Motion Hearing set for 4/23/2015 01:30 PM in US Courthouse, Courtroom 1570, 1100 Commerce St., Dallas, TX 75242-1310 before Judge Barbara M.G. Lynn. re: # 13 Motion to Dismiss, or in the Alternative, for Summary Judgment. (Ordered by Judge Barbara M.G. Lynn on 3/24/2015) (chmb)
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Filing 34
ELECTRONIC ORDER DENYING # 33 Motion to Compel Rule 26(f) Conference. The Court hereby STAYS entry of a Rule 16(b) Scheduling Order and Rule 26(f) Conference until the Court rules on the pending Motion to Dismiss and Motion for Summary Judgment [Docket Entry #13]. (Ordered by Judge Barbara M.G. Lynn on 3/16/2015) (chmb)
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| Filing 33 MOTION to Compel Defendants to Participate in Rule 26(f) Conference filed by Jay Aubrey Isaac Hollis with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) Emails, # 2 Proposed Order) (Stamboulieh, Stephen) |
| Filing 32 Sur-Sur-Reply filed by Eric H Holder, Jr, B Todd Jones re: # 13 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction MOTION for Summary Judgment (Riess, Daniel) Modified text per attorney on 3/11/2015 (jrr). |
| Filing 31 Sur-reply filed by Jay Aubrey Isaac Hollis re: # 13 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction MOTION for Summary Judgment (Stamboulieh, Stephen) |
| Hearing/Deadline Modification: Deadlines/hearings set per 30 Order on Motion for Leave to File. Surreplies due by 3/11/2015. (skt) |
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Filing 30
ELECTRONIC ORDER GRANTING # 29 Motion for Leave to File Sur-Reply. Defendants may file a sur-sur reply on or before March 11, 2015. No other response will be permitted. (Ordered by Judge Barbara M.G. Lynn on 3/2/2015)(chmb)
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| Filing 29 MOTION for Leave to File Plaintiff's Sur-reply to Defendants' # 27 Reply filed by Jay Aubrey Isaac Hollis with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) A, # 2 Proposed Order) (Stamboulieh, Stephen) |
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Filing 28
ORDER: Before the Court is the Unopposed Motion for Leave to File Brief in Excess of Page Limitations # 26 , filed by Defendants. The Motion is GRANTED. Defendants may file a reply brief that must not exceed twenty-three (23) pages, excluding the table of contents and table of authorities. (The requesting party must file the document with the clerk.) (Ordered by Judge Barbara M.G. Lynn on 2/25/2015) (tlm)
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| Filing 27 REPLY filed by Eric H Holder, Jr, B Todd Jones re: # 13 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction MOTION for Summary Judgment (Soskin-DOJ, Eric) |
| Filing 26 Unopposed MOTION for Leave to File Brief in Excess of Page Limit (Reply in Support of Motion to Dismiss) filed by Eric H Holder, Jr, B Todd Jones with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Soskin-DOJ, Eric) |
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Filing 25
ORDER granting # 21 Unopposed MOTION for Leave to File Brief in Excess of Page Limit. Plaintiff may file a brief that must not exceed 40 pages, excluding the table of contents and table of authorities. (Ordered by Judge Barbara M.G. Lynn on 2/5/2015) (jrr)
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| Filing 24 Appendix in Support filed by Jay Aubrey Isaac Hollis re # 23 Brief/Memorandum in Support of Motion, # 22 Response/Objection, to Defendants' Motion to Dismiss or Summary Judgment (Attachments: # 1 Additional Page(s), # 2 Additional Page(s)) (Stamboulieh, Stephen) |
| Filing 23 Brief/Memorandum in Support filed by Jay Aubrey Isaac Hollis re # 22 Response/Objection, to Defendants' Motion to Dismiss or Summary Judgment (Stamboulieh, Stephen) |
| Filing 22 RESPONSE filed by Jay Aubrey Isaac Hollis re: # 13 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction MOTION for Summary Judgment (Attachments: # 1 Proposed Order) (Stamboulieh, Stephen) |
| Filing 21 Unopposed MOTION for Leave to File Brief in Excess of Page Limit filed by Jay Aubrey Isaac Hollis with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Stamboulieh, Stephen) |
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Filing 20
ELECTRONIC ORDER granting # 19 Application for Admission Pro Hac Vice of Alan Beck. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Barbara M.G. Lynn on 2/4/2015) (chmb)
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| Filing 19 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-6576184) filed by Jay Aubrey Isaac Hollis (Attachments: # 1 Exhibit(s) Letter of Good Standing, # 2 Proposed Order) (Beck, Alan) |
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Filing 18
ORDER granting # 12 Motion for Leave to File. (The requesting party must file the document with the clerk.) (Ordered by Judge Barbara M.G. Lynn on 1/20/2015) (aaa)
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| Filing 17 CERTIFICATE OF SERVICE by Eric H Holder, Jr, B Todd Jones re # 15 Appendix in Support, (Soskin-DOJ, Eric) |
| Filing 16 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Eric H Holder, Jr, B Todd Jones. (Soskin-DOJ, Eric) |
| Filing 15 Appendix in Support filed by Eric H Holder, Jr, B Todd Jones re # 13 Motion to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction, MOTION for Summary Judgment (Attachments: # 1 Additional Page(s)) (Soskin-DOJ, Eric) |
| Filing 14 Brief/Memorandum in Support filed by Eric H Holder, Jr, B Todd Jones re # 13 Motion to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction, MOTION for Summary Judgment (Soskin-DOJ, Eric) |
| Filing 13 Motion to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction , MOTION for Summary Judgment filed by Eric H Holder, Jr, B Todd Jones (Attachments: # 1 Proposed Order) (Soskin-DOJ, Eric) |
| Filing 12 Unopposed MOTION for Leave to File Brief in Excess of Page Limit filed by Eric H Holder, Jr, B Todd Jones with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Soskin-DOJ, Eric) |
| Filing 11 NOTICE of Attorney Appearance by Daniel M Riess on behalf of Eric H Holder, Jr, B Todd Jones. (Filer confirms contact info in ECF is current.) (Riess, Daniel) |
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ELECTRONIC ORDER granting # 10 Motion for Extension of Time to File Answer. Defendants shall answer or otherwise respond to Plaintiff's Complaint no later than January 16, 2015. (Ordered by Judge Barbara M.G. Lynn on 12/18/2014)(chmb)
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| Filing 10 Unopposed Motion for Extension of Time to File Answer or Otherwise Respond filed by Eric H Holder, Jr, B Todd Jones (Attachments: # 1 Proposed Order) (Soskin-DOJ, Eric) |
| Filing 9 NOTICE of Attorney Appearance by Eric J Soskin-DOJ on behalf of Eric H Holder, Jr, B Todd Jones. (Filer confirms contact info in ECF is current.) (Soskin-DOJ, Eric) |
| Filing 8 SUMMONS Returned Executed as to B Todd Jones ; served on 11/5/2014. (Attachments: # 1 Certified Mail Receipts) (Stamboulieh, Stephen) |
| Filing 7 NOTICE of Attorney Appearance by Elisha Michael Hollis on behalf of Jay Aubrey Isaac Hollis. (Filer confirms contact info in ECF is current.) (Hollis, Elisha) |
| Filing 6 SUMMONS Returned Executed as to Eric H Holder, Jr; served on 11/5/2014. (Attachments: # 1 Certified Mail Receipts) (Stamboulieh, Stephen) |
| Filing 5 ADDITIONAL ATTACHMENTS to # 1 Complaint by Plaintiff Jay Aubrey Isaac Hollis. (Stamboulieh, Stephen) |
| Filing 4 Summons issued as to Eric H Holder, Jr, B Todd Jones, U.S. Attorney, and U.S. Attorney General. (cea) |
| Filing 3 New Case Notes: A filing fee has been paid. File to Judge Lynn. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Stickney). Clerk to provide copy to plaintiff if not received electronically. (cea) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Jay Aubrey Isaac Hollis. (Stamboulieh, Stephen) |
| Filing 1 COMPLAINT against All Defendants filed by Jay Aubrey Isaac Hollis. (Filing fee $400; Receipt number 0539-6395082) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s) Ex. A. Dakota Silencer Letter, # 2 Exhibit(s) Ex. B. Cover Letter, # 3 Exhibit(s) Ex. C. Approved Form 1, # 4 Exhibit(s) Ex. D. Disapproved Form 1, # 5 Exhibit(s) Ex. E. Letter from NFA Chief) (Stamboulieh, Stephen) |
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