Defense Distributed, et al v. Attorney General New Jersey
| BRANDON COMBS, FIREARMS POLICY FOUNDATION, DEFENSE DISTRIBUTED, SECOND AMENDMENT FOUNDATION INC, CALGUNS FOUNDATION, FIREARMS POLICY COALITION INC and CALIFORNIA ASSOCIATION OF FEDERAL FIREARMS LICENSEES INC |
| ATTORNEY GENERAL NEW JERSEY |
| 19-3182 |
| October 9, 2019 |
| U.S. Court of Appeals, Third Circuit |
| Other |
Docket Report
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| Filing 71 HARD COPY RECEIVED from Appellants Calguns Foundation, California Association of Federal Firearms Licensees Inc, Brandon Combs, Defense Distributed, Firearms Policy Coalition Inc, Firearms Policy Foundation and Second Amendment Foundation Inc in 19-1729, 19-3182 - Reply Brief. Copies: 7. [19-1729, 19-3182] (RM) [Entered: 03/11/2020 11:20 AM] |
| Filing 70 TEXT ONLY ORDER (Clerk) directing Attorney Charles Flores, Esq. for Appellants Second Amendment Foundation Inc, Defense Distributed, Firearms Policy Coalition Inc, Firearms Policy Foundation, Calguns Foundation, California Association of Federal Firearms Licensees Inc and Brandon Combs in 19-1729,19-3182 to submit 7 hard copies in gray covers for the brief e-filed on 02/28/2020. Due on or before 03/16/2020. [19-1729, 19-3182] (MCW) [Entered: 03/10/2020 03:56 PM] |
| Filing 69 ECF FILER: ELECTRONIC REPLY BRIEF on behalf of Appellants Defense Distributed, Second Amendment Foundation Inc, Calguns Foundation, California Association of Federal Firearms Licensees Inc, Firearms Policy Coalition Inc, Firearms Policy Foundation and Brandon Combs in 19-1729, 19-3182. Certificate of Service dated 02/28/2020 by ECF. [19-1729, 19-3182] (CF) [Entered: 02/28/2020 06:41 PM] |
| Filing 68 HARD COPY RECEIVED from Appellee Attorney General New Jersey in 19-1729, 19-3182 - Brief. Copies: 7. [19-1729, 19-3182] (KEL) [Entered: 02/18/2020 02:48 PM] |
| Filing 67 ECF FILER: ELECTRONIC BRIEF on behalf of Appellee Attorney General New Jersey in 19-1729, 19-3182. Certificate of Service dated 02/14/2020 by ECF. [19-1729, 19-3182] (GJM) [Entered: 02/14/2020 03:25 PM] |
| Filing 66 ECF FILER: ELECTRONIC SUPPLEMENTAL BRIEF on behalf of Appellants Defense Distributed, Second Amendment Foundation Inc, Calguns Foundation, California Association of Federal Firearms Licensees Inc, Firearms Policy Coalition Inc, Firearms Policy Foundation and Brandon Combs in 19-3182, 19-1729. Certificate of Service dated 01/27/2020 by ECF. [19-3182, 19-1729] (CF) [Entered: 01/27/2020 10:11 PM] |
| Filing 65 Calendared at the Convenience of the Court. Calendar Clerk: CMH. [19-1729, 19-3182] (CMH) [Entered: 01/16/2020 09:15 AM] |
Filing 64
ORDER filed (Coram: MCKEE, SHWARTZ and PHIPPS, Circuit Judges) The petition for rehearing filed by Appellants and response by the Appellee in the above-entitled case have been submitted to the judges who participated in the decision of this Court, it is hereby ORDERED that the petition for rehearing by the panel is granted. It is further ORDERED that the Court's order entered November 21, 2019 dismissing the appeals for lack of jurisdiction is hereby VACATED. By vacating the prior order, the Court does not determine that it does have jurisdiction. Rather, the issue of jurisdiction is a matter to be determined by a merits panel. Accordingly, the issue of this Court's jurisdiction and Appellee's motion for summary affirmance are referred to the merits panel. All prior submissions filed by the parties will be forwarded to the merits panel for its consideration. It is noted that Appellants previously filed a brief addressing the merits on October 9, 2019. Appellants are directed to file a supplemental brief, not to exceed 10 pages, addressing the issue of jurisdiction only. Appellee shall file its brief within 30 days from the date of this order. Appellee shall also be permitted an additional 10 pages to address jurisdiction. Appellants shall file and serve their reply brief within 14 days from the date that Appellee's brief is filed. In light of the action taken by the panel, the En Banc Court has determined that no further action is required on the petition currently before it. Authoring Judge: McKee. [19-1729, 19-3182] nda re-sent to show Appellant's brief is due within 10 days from the date of this order .--[Edited 01/15/2020 by PDB] (PDB) [Entered: 01/15/2020 04:26 PM]
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| Filing 63 ECF FILER: Response filed by Appellee Attorney General New Jersey in 19-1729, 19-3182 to Petition for Rehearing. Certificate of Service dated 01/09/2020. [19-1729, 19-3182] (GJM) [Entered: 01/09/2020 11:07 AM] |
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ORDER (MCKEE, Circuit Judge) granting Unopposed Motion for a one-week Extension of Time to File Answer to Petition for Rehearing until 1/10/2020, filed. McKee, Authoring Judge. [19-1729, 19-3182] (PDB) [Entered: 12/27/2019 01:37 PM]
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| ECF FILER: UNOPPOSED Motion filed by Appellee Attorney General New Jersey for Extension of Time to file Answer to Petition for Rehearing until/for 7 days. Certificate of Service dated 12/24/2019. Service made by ECF. [19-1729, 19-3182]--[Edited 12/24/2019 by KR] (GJM) [Entered: 12/24/2019 09:39 AM] |
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ORDER (MCKEE, SHWARTZ and PHIPPS, Circuit Judges) Appellant's have filed a motion for rehearing. Pursuant to 3d Cir. I.O.P. 8.2, the panel requests an Answer to the Petition be filed within 14 days of the date of this order, filed. McKee, Authoring Judge. [19-1729, 19-3182] (PDB) [Entered: 12/20/2019 05:04 PM]
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| ECF FILER: Petition filed by Appellants Defense Distributed, Second Amendment Foundation Inc, Calguns Foundation, California Association of Federal Firearms Licensees Inc, Firearms Policy Coalition Inc, Firearms Policy Foundation and Brandon Combs for Rehearing before original panel and the court en banc. Certificate of Service dated 12/05/2019. Service made by ECF. [19-3182] (CF) [Entered: 12/05/2019 10:05 PM] |
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ORDER (MCKEE, SHWARTZ and PHIPPS, Circuit Judges) The foregoing appeals are dismissed for lack of appellate jurisdiction and the Motion for Summary Affirmance is denied as moot. Generally, we may only hear appeals from final decisions of the district courts of the United States." 28 U.S.C. Section 1291. Appellants have appealed the district court's orders staying all proceedings and dismissing a pending preliminary injunction without prejudice to being refiled following the resolution of a related action in the Western District of Texas that is now on appeal before the Fifth Circuit Court of Appeals. First, the order staying the matter is not final. Second, appellate courts generally lack jurisdiction over issues that have been dismissed without prejudice. See Fed. Home Loan Mortgage Corp. v. Scottsdale Ins. Co., 316 F.3d 431, 438-40 (3d Cir. 2003). Appellants have presented no argument warranting a different result. Thus, this Court is without jurisdiction to hear this appeal because the challenged orders are not appealable under 28 U.S.C. Section 1291, filed. Panel No.: ACO-009-E. McKee, Authoring Judge. [19-1729, 19-3182] (PDB) [Entered: 11/21/2019 11:31 AM]
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| ECF FILER: Reply by Appellants Defense Distributed, Second Amendment Foundation Inc, Calguns Foundation, California Association of Federal Firearms Licensees Inc, Firearms Policy Coalition Inc, Firearms Policy Foundation and Brandon Combs in 19-3182, 19-1729 to Response, motion, motion, filed. Certificate of Service dated 10/31/2019. Service made by ECF [19-3182, 19-1729] (CF) [Entered: 10/31/2019 11:37 PM] |
| ECF FILER: Reply by Appellee Attorney General New Jersey in 19-1729, 19-3182 to Response, filed. Certificate of Service dated 10/30/2019. Service made by ECF [19-1729, 19-3182] (GJM) [Entered: 10/30/2019 12:23 PM] |
| ECF FILER: Response filed by Appellee Attorney General New Jersey in 19-1729, 19-3182 to motion, motion. Certificate of Service dated 10/28/2019. [19-1729, 19-3182] (GJM) [Entered: 10/28/2019 11:33 AM] |
| ECF FILER: Response filed by Appellants Defense Distributed, Second Amendment Foundation Inc, Calguns Foundation, California Association of Federal Firearms Licensees Inc, Firearms Policy Coalition Inc, Firearms Policy Foundation and Brandon Combs in 19-1729, 19-3182 to motion for summary action, motion to stay briefing schedule. Certificate of Service dated 10/24/2019. [19-1729, 19-3182] (CF) [Entered: 10/25/2019 12:23 AM] |
| HARD COPY RECEIVED from Appellants Calguns Foundation, California Association of Federal Firearms Licensees Inc, Defense Distributed, Firearms Policy Coalition Inc, Firearms Policy Foundation and Second Amendment Foundation Inc in 19-1729, Appellant Brandon Combs in 19-3182 - Brief with Volume I of Appendix attached. Copies: 7. Received: 10. [19-1729, 19-3182] (LM) [Entered: 10/23/2019 11:51 AM] |
| HARD COPY RECEIVED from Appellants Calguns Foundation, California Association of Federal Firearms Licensees Inc, Brandon Combs, Defense Distributed, Firearms Policy Coalition Inc, Firearms Policy Foundation and Second Amendment Foundation Inc in 19-1729, 19-3182 - Appendix. Copies: 4. Volume: 4 ( Volume I, Volume II Part 1,2,3, Volume III and Volume IV). [19-1729, 19-3182] (MCW) [Entered: 10/23/2019 03:51 PM] |
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ORDER (Clerk) Responses to the motions must be filed by Monday, October 28, 2019. See Fed. R. App. P. 27(a)(3)(A); 3d Cir. L.A.R. 27.7. Any reply must be filed within three days of the response, but the Court will not necessarily await replies. See 3d Cir. I.O.P. 10.2.3. Further merits briefing is stayed pending a decision on the appellee's motion for summary affirmance. If the motion is denied or referred to the merits panel, the appellee's brief must be filed and served within thirty days of the order doing so, filed. [19-1729, 19-3182] (PDB) [Entered: 10/22/2019 11:49 AM]
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| ECF FILER: Motion filed by Appellants Defense Distributed, Second Amendment Foundation Inc, Calguns Foundation, California Association of Federal Firearms Licensees Inc, Firearms Policy Coalition Inc, Firearms Policy Foundation and Brandon Combs in 19-1729, 19-3182 for injunction, to Expedite Appellants request that the Court expedite the Appellants' motion for an injunction pending appeal.. Certificate of Service dated 10/21/2019. Service made by ECF. [19-1729, 19-3182] (CF) [Entered: 10/21/2019 04:04 PM] |
| ECF FILER: Motion filed by Appellee Attorney General New Jersey in 19-1729, 19-3182 to summarily affirm, to stay briefing schedule. Certificate of Service dated 10/16/2019. Service made by ECF. [19-1729, 19-3182] (GJM) [Entered: 10/16/2019 12:34 PM] |
| ECF FILER: ELECTRONIC SUPPLEMENTAL APPENDIX on behalf of Appellants Defense Distributed, Second Amendment Foundation Inc, Calguns Foundation, California Association of Federal Firearms Licensees Inc, Firearms Policy Coalition Inc, Firearms Policy Foundation and Brandon Combs in 19-3182, 19-1729. Certificate of service dated 10/15/2019 by ECF. [19-3182, 19-1729] (CF) [Entered: 10/15/2019 05:37 PM] |
| NON COMPLIANCE Order issued to Appellants Calguns Foundation, California Association of Federal Firearms Licensees Inc, Brandon Combs, Defense Distributed, Firearms Policy Coalition Inc, Firearms Policy Foundation and Second Amendment Foundation Inc in 19-3182, 19-1729 regarding the appendix filed on 10/09/2019. Please open the attachment for the full text of the Order. Compliance due by 10/18/2019. This Order does not change the deadline for filing the next brief. [19-3182, 19-1729] (EAF) [Entered: 10/15/2019 11:59 AM] |
| ECF FILER: ENTRY OF APPEARANCE from Daniel Nightingale on behalf of Appellant(s) Defense Distributed; Second Amendment Foundation, Inc.; Firearms Policy Coalition, Inc.; Firearms Policy Foundation; The Calguns Foundation; California Association of Federal Firearms Licensees, Inc.; Brandon Combs. [19-3182] (DNN) [Entered: 10/10/2019 02:09 PM] |
| ECF FILER: ENTRY OF APPEARANCE from Josh Blackman on behalf of Appellant(s) Defense Distributed; Second Amendment Foundation, Inc.; Firearms Policy Coalition, Inc.; Firearms Policy Foundation; The Calguns Foundation; California Association of Federal Firearms Licensees, Inc.; Brandon Combs. [19-3182] (JB) [Entered: 10/10/2019 02:16 PM] |
| ECF FILER: ENTRY OF APPEARANCE from Hannah Roblyer on behalf of Appellant(s) Defense Distributed; Second Amendment Foundation, Inc.; Firearms Policy Coalition, Inc.; Firearms Policy Foundation; The Calguns Foundation; California Association of Federal Firearms Licensees, Inc.; Brandon Combs. [19-3182] (HR) [Entered: 10/10/2019 02:11 PM] |
| ECF FILER: ENTRY OF APPEARANCE from Daniel L. Schmutter on behalf of Appellant(s) Defense Distributed; Second Amendment Foundation, Inc.; Firearms Policy Coalition, Inc.; Firearms Policy Foundation; The Calguns Foundation; California Association of Federal Firearms Licensees, Inc.; Brandon Combs. [19-3182] (DLS) [Entered: 10/10/2019 02:44 PM] |
| ECF FILER: DISCLOSURE STATEMENT on behalf of Appellant Second Amendment Foundation Inc in 19-3182, filed.--[Edited 10/09/2019 by PDB] (CF) [Entered: 10/09/2019 03:05 PM] |
| ECF FILER: DISCLOSURE STATEMENT on behalf of Appellant Firearms Policy Coalition Inc in 19-3182,filed.--[Edited 10/09/2019 by PDB] (CF) [Entered: 10/09/2019 03:06 PM] |
| ECF FILER: DISCLOSURE STATEMENT on behalf of Appellant Firearms Policy Foundation in 19-3182, filed.--[Edited 10/09/2019 by PDB] (CF) [Entered: 10/09/2019 03:07 PM] |
| ECF FILER: DISCLOSURE STATEMENT on behalf of Appellant Defense Distributed in 19-3182, 19-1729, filed.--[Edited 10/09/2019 by PDB] (CF) [Entered: 10/09/2019 03:04 PM] |
| RECORD available on District Court CM/ECF. (PDB) [Entered: 10/09/2019 10:45 AM] |
| ECF FILER: DISCLOSURE STATEMENT on behalf of Appellant Calguns Foundation in 19-3182, filed.--[Edited 10/09/2019 by PDB] (CF) [Entered: 10/09/2019 03:08 PM] |
| CLERK ORDER granting The captioned appeals are hereby consolidated for all purposes. All case-opening forms, motions, and briefs must be electronically filed in all cases on the Court's electronic case filing (ECF) system. Neither appeal will be submitted to a motions panel for possible dismissal due to a jurisdictional defect at this time. The issue of jurisdiction is referred to the merits panel. The parties are advised that this order does not represent a finding of jurisdiction. As in all cases, the panel of this Court that reviews the appeals on their merits will make a final determination of jurisdiction. The parties should address jurisdiction in their briefs. See Fed. R. App. P. 28(a)(4)(B) & 28(b). The appellants have already filed a brief in No. 19-1729 that appears to address the merits of both appeals. Within fourteen days of this order, the appellants must electronically file a copy of their brief and the appendix in No. 19-3182 so that both dockets contain the appellants' brief and the appendix. If the appellants did not mean for that brief to address both appeals, they may file a motion within fourteen days of this order asking for permission to file a supplemental brief in No. 19-3182. The appellee's brief addressing both appeals must be filed within thirty days after service of the appellants' brief in No. 19-3182. The appellant's reply brief addressing both appeals must be filed within twenty-one days after service of the appellee's brief, filed. [19-1729, 19-3182] (PDB) [Entered: 10/09/2019 10:52 AM] |
| ECF FILER: ENTRY OF APPEARANCE from Charles ("Chad") Flores on behalf of Appellant(s) Defense Distributed; Second Amendment Foundation, Inc.; Firearms Policy Coalition, Inc.; Firearms Policy Foundation; The Calguns Foundation; California Association of Federal Firearms Licensees, Inc.; Brandon Combs.--[Edited 10/09/2019 by PDB] (CF) [Entered: 10/09/2019 03:00 PM] |
| ECF FILER: ELECTRONIC APPENDIX on behalf of Appellants Defense Distributed, Second Amendment Foundation Inc, Calguns Foundation, California Association of Federal Firearms Licensees Inc, Firearms Policy Coalition Inc, Firearms Policy Foundation and Brandon Combs in 19-3182, 19-1729. Certificate of service dated 10/09/2019 by ECF. [19-3182, 19-1729] (CF) [Entered: 10/09/2019 03:16 PM] |
| ECF FILER: LETTER from Attorney Charles Flores, Esq. for Appellants Calguns Foundation, California Association of Federal Firearms Licensees Inc, Brandon Combs, Defense Distributed, Firearms Policy Coalition Inc, Firearms Policy Foundation and Second Amendment Foundation Inc in 19-3182, Attorney Charles Flores, Esq. for Appellants Defense Distributed, Second Amendment Foundation Inc, Firearms Policy Coalition Inc, Firearms Policy Foundation, Calguns Foundation, California Association of Federal Firearms Licensees Inc and Brandon Combs in 19-1729 Appellants' Letter of April 23, 2019. Certificate of Service dated 10/09/2019. Service made by ECF. [19-3182, 19-1729] SEND TO THE MERITS PANEL.--[Edited 10/10/2019 by PDB] (CF) [Entered: 10/09/2019 03:19 PM] |
| ECF FILER: LETTER from Attorney Charles Flores, Esq. for Appellants Calguns Foundation, California Association of Federal Firearms Licensees Inc, Brandon Combs, Defense Distributed, Firearms Policy Coalition Inc, Firearms Policy Foundation and Second Amendment Foundation Inc in 19-3182, Attorney Charles Flores, Esq. for Appellants Defense Distributed, Second Amendment Foundation Inc, Firearms Policy Coalition Inc, Firearms Policy Foundation, Calguns Foundation, California Association of Federal Firearms Licensees Inc and Brandon Combs in 19-1729 Appellants' Letter of September 23, 2019. Certificate of Service dated 10/09/2019. Service made by ECF. [19-3182, 19-1729] SEND TO THE MERITS PANEL.--[Edited 10/10/2019 by PDB] (CF) [Entered: 10/09/2019 03:20 PM] |
| ECF FILER: ELECTRONIC BRIEF with Volume I of Appendix attached on behalf of Appellants Defense Distributed, Second Amendment Foundation Inc, Calguns Foundation, California Association of Federal Firearms Licensees Inc, Firearms Policy Coalition Inc, Firearms Policy Foundation and Brandon Combs in 19-3182, 19-1729. Certificate of Service dated 10/09/2019 by ECF. [19-3182, 19-1729] (CF) [Entered: 10/09/2019 03:23 PM] |
| ECF FILER: LETTER from Attorney Charles Flores, Esq. for Appellants Calguns Foundation, California Association of Federal Firearms Licensees Inc, Brandon Combs, Defense Distributed, Firearms Policy Coalition Inc, Firearms Policy Foundation and Second Amendment Foundation Inc in 19-3182, Attorney Charles Flores, Esq. for Appellants Defense Distributed, Second Amendment Foundation Inc, Firearms Policy Coalition Inc, Firearms Policy Foundation, Calguns Foundation, California Association of Federal Firearms Licensees Inc and Brandon Combs in 19-1729 Appellants' Letter of April 18, 2019. Certificate of Service dated 10/09/2019. Service made by ECF. [19-3182, 19-1729 ]SEND TO THE MERITS PANEL.--[Edited 10/10/2019 by PDB] (CF) [Entered: 10/09/2019 03:18 PM] |
| CIVIL CASE DOCKETED. Notice filed by Appellants Calguns Foundation, California Association of Federal Firearms Licensees Inc, Brandon Combs, Defense Distributed, Firearms Policy Coalition Inc, Firearms Policy Foundation and Second Amendment Foundation Inc in District Court No. 3-19-cv-04753. (PDB) [Entered: 10/09/2019 10:42 AM] |
| ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellants Defense Distributed, Second Amendment Foundation Inc, Calguns Foundation, California Association of Federal Firearms Licensees Inc, Firearms Policy Coalition Inc, Firearms Policy Foundation and Brandon Combs in 19-3182, filed.--[Edited 10/09/2019 by PDB] (CF) [Entered: 10/09/2019 03:11 PM] |
| ECF FILER: Concise Summary of the Case filed by Appellants Defense Distributed, Second Amendment Foundation Inc, Calguns Foundation, California Association of Federal Firearms Licensees Inc, Firearms Policy Coalition Inc, Firearms Policy Foundation and Brandon Combs in 19-3182.--[Edited 10/09/2019 by PDB] (CF) [Entered: 10/09/2019 03:13 PM] |
| ECF FILER: DISCLOSURE STATEMENT on behalf of Appellant California Association of Federal Firearms Licensees Inc in 19-3182, filed. [19-3182, 19-1729]--[Edited 10/09/2019 by PDB] (CF) [Entered: 10/09/2019 03:08 PM] |
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