Mance et al v. Holder et al
| Citizens Committee for the Right to Keep and Bear Arms, Andrew Hanson, Tracey Amebau Hanson, Frederic Russell Mance, Jr, Tracey Ambeau Hanson and Fredric Russell Mance, Jr |
| Eric H Holder, Jr, B Todd Jones, Thomas E Brandon and Loretta E Lynch |
| 4:2014cv00539 |
| July 14, 2014 |
| US District Court for the Northern District of Texas |
| Fort Worth Office |
| Tarrant |
| Reed C O'Connor |
| Reed C O'Connor |
| Civil Rights: Other Civil Rights |
| 28 U.S.C. § 1343 Violation of Civil Rights |
| None |
Docket Report
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| Filing 60 SUPREME COURT ORDER No. 18-663. Enclosed is a copy of the Supreme Court order denying certiorari. The motion of The 'National Shooting.Sports ;Foundation, Inc. for leave to file a brief as amicus curiae.is granted. The petition for a writ of certiorari is denied. [15-10311] (tle) |
| Filing 59 Opinion of USCA No. 15-10311 in accordance with USCA judgment re #52 Notice of Appeal, filed by Eric H Holder, Jr, B Todd Jones. The petition for rehearing en bane has been denied. We withdraw the prior opinion that issued January 19, 2018, and substitute the following opinion. We REVERSE the district court's judgment and VACATE the order granting injunctive relief. (tle) |
| Filing 58 JUDGMENT/MANDATE of USCA No. 15-10311 as to #52 Notice of Appeal, filed by Eric H Holder, Jr, B Todd Jones. It is ordered and adjudged that the judgment of the District Court is reversed, and the order granting injunctive relief is vacated...IT IS FURTHER ORDERED that plaintiffs-appellees pay to defendants-appellants the costs on appeal to be taxed by the Clerk of this Court. Issued as Mandate: 7/20/18. |
Filing 57
ORDER of USCA No. 15-10311 as to #52 Notice of Appeal, filed by Eric H Holder, Jr, B Todd Jones. The court having been polled at the request of one of its members, and a majority of the judges who are in regular active service and not disqualified not having voted in favor (Fed. R. App P. 35 and 5th Cir. R. 35), the Petition for Rehearing En Banc is DENIED. (tle)
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| Record on Appeal for USCA5 15-10311 (related to #52 appeal): Transmitted to Alan Gura @ Gura & Possessky, 105 Oronoco Street, Suite 305, Alexandria, Virginia 22314, on disk only by mail. (tle) |
| Record on Appeal for USCA5 15-10311 (related to #52 appeal): Record consisting of: 1 ECF electronic record, 1 Volume(s) electronic transcript,. To request a copy of the record, #contact the appeals deputy in advance to arrange delivery. (tle) |
| Record on Appeal for USCA5 15-10311 (related to #52 appeal): Transmitted to T Morrissey @ US Department of Justice - Civil Division, 950 Pennsylvaina Ave, NW, Room 7261, Washington, DC 20530 on disk only by mail. (tle) |
| Filing 56 Notice of Filing of Official Electronic Transcript of Hearing on Motions For Summary Judgment Proceedings held on 01-20-2015 before Judge Reed C. O'Connor. Court Reporter/Transcriber Denver B. Roden, RPR, RMR, Telephone number 214-753-2298. 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. (90 pages) Redaction Request due 5/27/2015. Redacted Transcript Deadline set for 6/8/2015. Release of Transcript Restriction set for 8/4/2015. (dbr) |
| USCA Case Number 15-10311 in U S Court of Appeals 5th Circuit for #52 Notice of Appeal, filed by Eric H Holder, Jr, B Todd Jones. (tle) |
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Filing 55
ORDER deferring ruling on # 50 Motion Motion for Review of Clerk's Taxation of Costs. Costs are governed by F.R.Civ.P. 54(d). Here, "Plaintiffs are willing to abstain from enforcing the cost of judgment until after the appeal is resolved." Additionally, Defendants "request that the Court hold Plaintiffs' application in abeyance until after the appeal has concluded."Because the parties appear to agree to abstain from litigating the issue of costs, the Court DEFERS ruling on costs in this matter. Ordered the parties file a joint status report updating this Court on the status of costs upon completion of the appeal. (Ordered by Judge Reed C O'Connor on 4/16/2015) (ult)
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| Filing 54 REPLY filed by Eric H Holder, Jr, B Todd Jones re: # 50 MOTION for Review of Clerk's Taxation of Costs re # 48 Costs Taxed (Riess, Daniel) |
| Filing 53 Transcript Order Form: re # 52 Notice of Appeal, transcript requested by B Todd Jones, Eric H Holder, Jr for Hearing on Cross-Motions for Summary Judgment held 1/20/15 Payment method: US Government Funds (Court Reporter: Denver Roden.) (Attachments: # 1 Certificate of Service) (Riess, Daniel) |
| Filing 52 NOTICE OF APPEAL to the Fifth Circuit as to # 41 Judgment, # 40 Memorandum Opinion and Order,, by Eric H Holder, Jr, B Todd Jones. 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. (Riess, Daniel) |
| Filing 51 RESPONSE AND OBJECTION filed by Citizens Committee for the Right to Keep and Bear Arms, Andrew Hanson, Tracey Ambeau Hanson, Fredric Russell Mance, Jr re: # 50 MOTION for Review of Clerk's Taxation of Costs re # 48 Costs Taxed (Gura, Alan) |
| Filing 50 MOTION for Review of Clerk's Taxation of Costs re # 48 Costs Taxed filed by Eric H Holder, Jr, B Todd Jones with Brief/Memorandum in Support. (Riess, Daniel) |
| Filing 49 OBJECTION filed by Eric H Holder, Jr, B Todd Jones re: # 45 Bill of Costs (Riess, Daniel) |
| Filing 48 Costs Taxed in amount of $ 424.72 against Eric H. Holder, Jr. and B. Todd Jones (mem) |
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Filing 47
ORDER denying # 42 Motion for Sixty-Day Stay. Accordingly, the Courtfinds that a stay is not warranted in the instant action. Should Defendants decide to appeal, they may move this Court to stay its Order pursuant to Rule 62(c) of the Federal Rules of Civil Procedure. (Ordered by Judge Reed C O'Connor on 2/26/2015) (ult)
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| Filing 46 REPLY filed by Eric H Holder, Jr, B Todd Jones re: # 42 MOTION to Stay re # 40 Memorandum Opinion and Order,, (Riess, Daniel) |
| Filing 45 BILL OF COSTS by Citizens Committee for the Right to Keep and Bear Arms, Andrew Hanson, Tracey Ambeau Hanson, Fredric Russell Mance, Jr. (Mateja, William) |
| Filing 44 OBJECTION filed by Citizens Committee for the Right to Keep and Bear Arms, Andrew Hanson, Tracey Ambeau Hanson, Fredric Russell Mance, Jr re: # 42 MOTION to Stay re # 40 Memorandum Opinion and Order,, (Attachments: # 1 Proposed Order) (Gura, Alan) |
| Filing 43 CERTIFICATE of Conference re # 42 MOTION to Stay re # 40 Memorandum Opinion and Order,, by Daniel M Riess on behalf of All Defendants (Riess, Daniel) |
| Filing 42 MOTION to Stay re # 40 Memorandum Opinion and Order,, filed by Eric H Holder, Jr, B Todd Jones with Brief/Memorandum in Support. (Riess, Daniel) |
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Filing 41
FINAL JUDGMENT. The Court DECLARES that 18 U.S.C. 922(a)(3), 18 U.S.C. 922(b)(3), and 27C.F.R. 478.99(a) are UNCONSTITUTIONAL, and Defendants are ENJOINED from enforcing these provisions. (Ordered by Judge Reed C O'Connor on 2/11/2015) (ndt)
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Filing 40
Memorandum Opinion and Order. Based on the foregoing, it is ORDERED that Defendants' Motion to Dismiss for lack of standing # 15 is DENIED. It is FURTHER ORDERED that Plaintiffs' Motion for Summary Judgment # 21 is GRANTED, and Defendants' Motion for Summary Judgment # 15 is DENIED. Accordingly, the Court DECLARES that 18 U.S.C. 922(a)(3), 18 U.S.C. 922(b)(3), and 27 C.F.R. 478.99(a) are UNCONSTITUTIONAL, and Defendants are ENJOINED from enforcing these provisions. The Court will issue its final judgment separately. (Ordered by Judge Reed C O'Connor on 2/11/2015) (ndt)
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| Filing 39 ELECTRONIC Minute Entry for proceedings held before Judge Reed C O'Connor: Telephone Conference held on 2/6/2015. The parties clarified that, when a federal firearms licensee transfers a handgun to an out-of-state purchaser's home-state federal firearms licensee, the background check requirement in 18 U.S.C. 922 is completed by the home-state federal firearms licensee. Attorney Appearances: Plaintiff - Alan Gura, Bill Meteja; Defense - Lesley Farby. (Court Reporter: Not Recorded) (No exhibits) Time in Court - :10. (chmb) |
| Filing 38 ELECTRONIC Minute Entry for proceedings held before Judge Reed C O'Connor: Motion Hearing held on 1/20/2015 re # 15 Motion for Summary Judgment filed by Eric H Holder, Jr, B Todd Jones, # 21 Motion for Summary Judgment filed by Andrew Hanson, Fredric Russell Mance, Jr, Citizens Committee for the Right to Keep and Bear Arms, Tracey Ambeau Hanson. Attorney Appearances: Plaintiff - Alan Gura; Defense - Lesley Farby. (Court Reporter: Denver Roden) (No exhibits) Time in Court - 2:15. (chmb) Modified on 1/21/2015 (chmb). |
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Filing 37
ELECTRONIC ORDER: Motion Hearing set for 1/20/2015 10:30 AM in US Courthouse, Courtroom 2nd Floor, 501 W. 10th St. Fort Worth, TX 76102-3673 before Judge Reed C O'Connor. (Ordered by Judge Reed C O'Connor on 1/8/2015) (leg) (chmb)
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Filing 36
ORDER granting # 35 Motion to Continue Hearing Date # 35 . Motion Hearing set for 1/20/2015 09:00 AM in US Courthouse, Courtroom 2nd Floor, 501 W. 10th St. Fort Worth, TX 76102-3673 before Judge Reed C O'Connor. (Ordered by Judge Reed C O'Connor on 12/17/2014) (ult)
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| Filing 35 Joint MOTION to Continue Hearing Date filed by Citizens Committee for the Right to Keep and Bear Arms, Andrew Hanson, Tracey Ambeau Hanson, Eric H Holder, Jr, B Todd Jones, Fredric Russell Mance, Jr with Brief/Memorandum in Support. (Farby-DOJ, Lesley) |
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Filing 34
ORDER: Defendant's Motion to Dismiss, or in the Alternative, Summary Judgment # 15 and Plaintiffs' Motion for Summary Judgment # 21 Motion Hearing set for 12/30/2014 10:00 AM in US Courthouse, Courtroom 2nd Floor, 501 W. 10th St. Fort Worth, TX 76102-3673 before Judge Reed C O'Connor. Parties will have 30 minutes per side for oral argument. (Ordered by Judge Reed C O'Connor on 12/12/2014) (ult)
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| Filing 33 SECOND AMENDED COMPLAINT against Eric H Holder, Jr, B Todd Jones filed by Frederic Russell Mance, Jr, Citizens Committee for the Right to Keep and Bear Arms, Andrew Hanson, Tracey Amebau Hanson. 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. (ewd) |
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Filing 32
ORDER granting # 30 Motion to for Leave to File Second Amended Complaint. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Reed C O'Connor on 11/26/2014) (ewd)
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| Filing 31 REPLY filed by Citizens Committee for the Right to Keep and Bear Arms, Andrew Hanson, Tracey Amebau Hanson, Frederic Russell Mance, Jr re: # 21 MOTION for Summary Judgment (Gura, Alan) |
| Filing 30 MOTION to Amend/Correct # 4 Amended Complaint,, filed by Citizens Committee for the Right to Keep and Bear Arms, Andrew Hanson, Tracey Amebau Hanson, Frederic Russell Mance, Jr with Brief/Memorandum in Support. (Attachments: # 1 Proposed Amendment, # 2 Proposed Order) (Gura, Alan) |
| Filing 29 Appendix in Support filed by Eric H Holder, Jr, B Todd Jones re # 28 Brief/Memorandum in Support of Motion, # 27 Response/Objection (Farby-DOJ, Lesley) |
| Filing 28 Brief/Memorandum in Support filed by Eric H Holder, Jr, B Todd Jones re # 27 Response/Objection and Reply in Support of Defendants' Motion to Dismiss or for Summary Judgment (Farby-DOJ, Lesley) |
| Filing 27 RESPONSE filed by Eric H Holder, Jr, B Todd Jones re: # 21 MOTION for Summary Judgment (Farby-DOJ, Lesley) |
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Filing 26
ORDER granting # 25 Motion for Leave to File. (The requesting party must file the document with the clerk.) (Ordered by Judge Reed C O'Connor on 10/23/2014) (ult)
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| Filing 25 Unopposed MOTION for Leave to File a Combined Response Brief to Plaintiffs' Motion for Summary Judgment and Reply in Support of Defendants' Motion to Dismiss or for Summary Judgment filed by Eric H. Holder, Jr, B. Todd Jones (Farby-DOJ, Lesley) |
| Filing 24 RESPONSE filed by Citizens Committee for the Right to Keep and Bear Arms, Andrew Hanson, Tracey Amebau Hanson, Frederic Russell Mance, Jr re: # 15 MOTION for Summary Judgment or to Dismiss (Attachments: # 1 Proposed Order) (Gura, Alan) |
| Filing 23 Appendix in Support filed by Citizens Committee for the Right to Keep and Bear Arms, Andrew Hanson, Tracey Amebau Hanson, Frederic Russell Mance, Jr re # 21 MOTION for Summary Judgment (Gura, Alan) |
| Filing 22 Brief/Memorandum in Support filed by Citizens Committee for the Right to Keep and Bear Arms, Andrew Hanson, Tracey Amebau Hanson, Frederic Russell Mance, Jr re # 21 MOTION for Summary Judgment (Gura, Alan) |
| Filing 21 MOTION for Summary Judgment filed by Citizens Committee for the Right to Keep and Bear Arms, Andrew Hanson, Tracey Amebau Hanson, Frederic Russell Mance, Jr (Attachments: # 1 Proposed Order) (Gura, Alan) |
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Filing 20
ORDER Alan Gura's # 19 Application for Admission Pro Hac Vice with Certificate of Good Standing is granted. ORDERED Plaintiffs file their response to # 15 MOTION for Summary Judgment or to Dismiss on or before 10/22/14. (Ordered by Judge Reed C O'Connor on 10/17/2014) (ult)
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| Filing 19 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-6362297) filed by Citizens Committee for the Right to Keep and Bear Arms, Andrew Hanson, Tracey Amebau Hanson, Frederic Russell Mance, Jr (Attachments: # 1 Proposed Order, # 2 Exhibit(s) Certificate of Good Standing) (Gura, Alan) |
| Filing 18 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Eric H. Holder, Jr, B. Todd Jones. (Farby-DOJ, Lesley) |
| Filing 17 Appendix in Support filed by Eric H. Holder, Jr, B. Todd Jones re # 16 Brief/Memorandum in Support of Motion, # 15 MOTION for Summary Judgment or to Dismiss (Attachments: # 1 Additional Page(s)) (Farby-DOJ, Lesley) |
| Filing 16 Brief/Memorandum in Support filed by Eric H. Holder, Jr, B. Todd Jones re # 15 MOTION for Summary Judgment or to Dismiss (Farby-DOJ, Lesley) |
| Filing 15 MOTION for Summary Judgment or to Dismiss filed by Eric H. Holder, Jr, B. Todd Jones (Farby-DOJ, Lesley) |
| Filing 14 Notice to the Parties: Please be advised that as of Tuesday, September 2, 2014, Judge Reed O'Connor's chambers will be located at 501 W. 10th Street, Room 202, Fort Worth, Texas 76102. All hearing and trial locations will be provided by individual orders of the court. Any paper copies should be forwarded to his Fort Worth chambers address. If you need to know whether you must send him a paper copy of a document that you have docketed in this case, click here: # Judges' Copy Requirements. (drh) |
| Filing 13 SUMMONS Returned Executed as to Eric H. Holder, Jr ; served on 7/28/2014. (Attachments: # 1 Exhibit(s) "A" Proof of Service) (Mateja, William) |
| Filing 12 SUMMONS Returned Executed as to B. Todd Jones ; served on 7/30/2014. (Attachments: # 1 Exhibit(s) "A" - Proof of Service) (Mateja, William) |
| Filing 11 SUMMONS Returned Executed as to Eric H. Holder, Jr ; served on 7/24/2014. (Attachments: # 1 Exhibit(s) "A" Proof of Service) (Mateja, William) |
| Filing 10 Summons Issued as to B. Todd Jones. (srs) |
| Filing 9 Summons Issued as to U.S. Attorney's Office (srs) |
| Filing 8 Summons Issued as to Eric H. Holder, Jr. (srs) |
| Filing 7 Request for Clerk to issue Summons filed by Citizens Committee for the Right to Keep and Bear Arms, Andrew Hanson, Tracey Amebau Hanson, Frederic Russell Mance, Jr. (Mateja, William) |
| Filing 6 Request for Clerk to issue Summons filed by Citizens Committee for the Right to Keep and Bear Arms, Andrew Hanson, Tracey Amebau Hanson, Frederic Russell Mance, Jr. (Mateja, William) |
| Filing 5 Request for Clerk to issue Summons filed by Citizens Committee for the Right to Keep and Bear Arms, Andrew Hanson, Tracey Amebau Hanson, Eric H. Holder, Jr, B. Todd Jones, Frederic Russell Mance, Jr. (Mateja, William) |
| Filing 4 AMENDED COMPLAINT against All Defendants filed by Frederic Russell Mance, Jr, Citizens Committee for the Right to Keep and Bear Arms, Andrew Hanson, Tracey Amebau Hanson. 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. (Mateja, William) |
| Filing 3 New Case Notes: A filing fee has been paid. File to Judge O Connor. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (srs) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Citizens Committee for the Right to Keep and Bear Arms, Andrew Hanson, Tracey Amebau Hanson, Frederic Russell Mance. (Mateja, William) |
| Filing 1 COMPLAINT against All Defendants filed by Frederic Russell Mance, Citizens Committee for the Right to Keep and Bear Arms, Andrew Hanson, Tracey Amebau Hanson. (Filing fee $400; Receipt number 0539-6159715) Plaintiff will submit summons(es) for issuance. 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 Cover Sheet) (Mateja, William) |
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