VanDerStok v. Garland
| Jennifer VanDerStok, Michael G. Andren, Tactical Machining, L.L.C., a limited liability company and Firearms Policy Coalition, Incorporated, a nonprofit corporation |
| Merrick Garland, U.S. Attorney General, Department of Justice, Steven Dettelbach, in his official capacity as Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Bureau of Alcohol, Tobacco, Firearms, and Explosives and United States Department of Justice |
| District of Columbia, Brady, State of New Jersey, Everytown for Gun Safety Action Fund, State of Pennsylvania, March For Our Lives, State of California, 16 Major Cities, State of Colorado, District Attorneys for the Counties of Dallas and Travis, Texas, State of Connecticut, Prosecutors Against Gun Violence, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Massachusetts, State of Michigan, State of Minnesota, State of New York, State of North Carolina, State of Oregon, State of Rhode Island and State of Washington |
| 22-11071 |
| November 3, 2022 |
| U.S. Court of Appeals, Fifth Circuit |
| Other Statutes |
Docket Report
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| APPEARANCE FORM FILED by Attorney(s) Adam M. Katz for party(s) Amicus Curiae Brady Amicus Curiae Everytown for Gun Safety Action Fund Amicus Curiae March For Our Lives, in case 22-11086 [22-11071, 22-11086] (RAJ) [Entered: 12/30/2022 03:22 PM] |
| COURT ORDER granting Motion to file amicus brief filed by 16 Major Cities, District Attorneys for the Counties of Dallas and Travis, Texas and Prosecutors Against Gun Violence [ # 10010420-2 ], granting Motion to file amicus brief filed by Brady, Everytown for Gun Safety Action Fund and March For Our Lives [ # 10010399-2 ] filed by Brady, Everytown for Gun Safety Action Fund, March For Our Lives, 16 Major Cities, District Attorneys for the Counties of Dallas and Travis, Texas and Prosecutors Against Gun Violence in 22-11071 and Brady, 16 Major Cities, District Attorneys for the Counties of Dallas and Travis, Texas, Everytown for Gun Safety Action Fund, March For Our Lives and Prosecutors Against Gun Violence in 22-11086 [22-11071, 22-11086] (RAJ) [Entered: 12/29/2022 02:33 PM] |
| PROPOSED SUFFICIENT BRIEF filed by Amici Curiae State of Washington, State of Rhode Island, State of Oregon, State of North Carolina, State of New York, State of Minnesota, State of Michigan, State of Massachusetts, State of Maryland, State of Maine, State of Illinois, State of Hawaii, State of Delaware, State of Connecticut, State of Colorado, State of California, State of Pennsylvania, State of New Jersey and District of Columbia [ # 10010326-2 ] Date of service: 12/29/2022 via email - Attorney for Appellees: Cooper, Erhardt, Schiraldi, Wisniewski; Attorney for Appellants: Janda, Wright; Attorney for Amicus Curiae: Ogale; US mail - Attorney for Appellant: Tomlinson [22-11071] (Arjun Pushkar Ogale ) [Entered: 12/29/2022 08:59 AM] |
| AMICUS CURIAE BRIEF FILED by Brady, Everytown for Gun Safety Action Fund and March For Our Lives in 22-11071. Consent is Not Necessary as a Motion has been Granted. Brief NOT Sufficient as it requires: Counsel must resubmit an Appearance Form from counsel signing the brief. Additionally the Brief requires Caption MUST be an exact match to the case caption. Brief is out of order. # of Copies Provided: 0 Sufficient Brief due on 01/12/2023 for Amici Curiae Brady, Everytown for Gun Safety Action Fund and March For Our Lives. [22-11071, 22-11086] (RAJ) [Entered: 12/29/2022 02:39 PM] |
| AMICUS CURIAE BRIEF FILED by 16 Major Cities, District Attorneys for the Counties of Dallas and Travis, Texas and Prosecutors Against Gun Violence in 22-11071. Consent is Not Necessary as a Motion has been Granted. Breif requires correction: Attachments/Exhibits must be removed from brief.. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0 Sufficient Brief due on 01/12/2023 for Amici Curiae 16 Major Cities, District Attorneys for the Counties of Dallas and Travis, Texas and Prosecutors Against Gun Violence. [22-11071, 22-11086] (RAJ) [Entered: 12/29/2022 02:55 PM] |
| APPEARANCE FORM FILED by Attorney John Russell Hardin for Amicus Curiae Prosecutors Against Gun Violence in 22-11071, Attorney John Russell Hardin for Amicus Curiae District Attorneys for the Counties of Dallas and Travis, Texas in 22-11071, Attorney John Russell Hardin for Amicus Curiae 16 Major Cities in 22-11071 [22-11071, 22-11086] (RAJ) [Entered: 12/29/2022 03:12 PM] |
| PARTY LIMIT CASE. (FOR A FULL LIST OF PARTIES FOR THIS APPEAL, PLEASE REFER TO THE AMICUS CURIAE BRIEF FILED BY 16 MAJOR CITIES, DISTRICT ATTORNEYS for the COUNTIES OF DALLAS AND TRAVIS, TEXAS and PROSECUTORS AGAINST GUN VIOLENCE .) [22-11071, 22-11086] (RAJ) [Entered: 12/29/2022 03:04 PM] |
| Attorney kthleen R. Hartnett is advised to resubmit an appearance form. Reason: The submitted appearance form does not match the registered attorney. [22-11071, 22-11086] (BF) [Entered: 12/28/2022 08:19 AM] |
| Attorney John R. Hardin is advised to resubmit an appearance form. Reason: Counsel failed to complete the lower portion of the form. [22-11071, 22-11086] (BF) [Entered: 12/28/2022 08:24 AM] |
| APPEARANCE FORM for the court's review. Lead Counsel? Yes. [22-11071, 22-11086] (John Russell Hardin ) [Entered: 12/28/2022 02:20 PM] |
| APPEARANCE FORM FILED by Attorney Arjun Pushkar Ogale for Amicus Curiae State of Washington in 22-11071, Attorney Arjun Pushkar Ogale for Amicus Curiae State of Rhode Island in 22-11071, Attorney Arjun Pushkar Ogale for Amicus Curiae State of Oregon in 22-11071, Attorney Arjun Pushkar Ogale for Amicus Curiae State of North Carolina in 22-11071, Attorney Arjun Pushkar Ogale for Amicus Curiae State of New York in 22-11071, Attorney Arjun Pushkar Ogale for Amicus Curiae State of Minnesota in 22-11071, Attorney Arjun Pushkar Ogale for Amicus Curiae State of Michigan in 22-11071, Attorney Arjun Pushkar Ogale for Amicus Curiae State of Massachusetts in 22-11071, Attorney Arjun Pushkar Ogale for Amicus Curiae State of Maryland in 22-11071, Attorney Arjun Pushkar Ogale for Amicus Curiae State of Maine in 22-11071, Attorney Arjun Pushkar Ogale for Amicus Curiae State of Illinois in 22-11071, Attorney Arjun Pushkar Ogale for Amicus Curiae State of Hawaii in 22-11071, Attorney Arjun Pushkar Ogale for Amicus Curiae State of Delaware in 22-11071, Attorney Arjun Pushkar Ogale for Amicus Curiae State of Connecticut in 22-11071, Attorney Arjun Pushkar Ogale for Amicus Curiae State of Colorado in 22-11071, Attorney Arjun Pushkar Ogale for Amicus Curiae State of California in 22-11071, Attorney Arjun Pushkar Ogale for Amicus Curiae State of Pennsylvania in 22-11071, Attorney Arjun Pushkar Ogale for Amicus Curiae State of New Jersey in 22-11071, Attorney Arjun Pushkar Ogale for Amicus Curiae District of Columbia in 22-11071 [22-11071, 22-11086] (RAJ) [Entered: 12/28/2022 02:45 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? Yes. [22-11071, 22-11086] (Adam M. Katz ) [Entered: 12/27/2022 05:11 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [22-11071, 22-11086] (Adam M. Katz ) [Entered: 12/27/2022 05:09 PM] |
| SUFFICIENT AMICUS CURIAE BRIEF FILED by District of Columbia, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Massachusetts, State of Michigan, State of Minnesota, State of New Jersey, State of New York, State of North Carolina, State of Oregon, State of Pennsylvania, State of Rhode Island and State of Washington in 22-11071, 22-11086. Consent is Not Necessary as Amicus is a Government Entity. # of Copies Provided: 0 Sufficient Brief deadline satisfied [22-11071, 22-11086] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by State of Washington, State of Rhode Island, State of Oregon, State of North Carolina, State of New York, State of Minnesota, State of Michigan, State of Massachusetts, State of Maryland, State of Maine, State of Illinois, State of Hawaii, State of Delaware, State of Connecticut, State of Colorado, State of California, State of Pennsylvania, State of New Jersey and District of Columbia in 22-11086, 22-11071. Consent is Not Necessary as Amicus is a Government Entity. Additionally the Brief requires Caption MUST be an exact match to the case caption.. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0 Sufficient Brief due on 01/10/2023 for Amici Curiae District of Columbia, State of New Jersey, State of Pennsylvania, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Massachusetts, State of Michigan, State of Minnesota, State of New York, State of North Carolina, State of Oregon, State of Rhode Island and State of Washington. [22-11071, 22-11086] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by District of Columbia, New Jersey, and Pennsylvania et al. Date of service: 12/27/2022 via email - Attorney for Appellees: Amrhein, Brennan, Cooper, Erhardt, Poe, Schiraldi, Sullivan, Wisniewski; Attorney for Appellants: Janda, Wright; US mail - Attorney for Appellants: Riess, Tomlinson [22-11071, 22-11086] (Arjun Pushkar Ogale ) [Entered: 12/27/2022 03:54 PM] |
| OPPOSED MOTION by Not Parties Brady, Everytown for Gun Safety Action Fund and March For Our Lives in 22-11071 and Not Parties Brady, Everytown for Gun Safety Action Fund and March For Our Lives in 22-11086 to file amicus brief [10010399-2] [22-11071, 22-11086] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: OPPOSED MOTION by Gun Violence Prevention Groups (Brady, Everytown for Gun Safety Action Fund, and March For Our Lives) to file amicus brief [10010399-2] Date of service: 12/27/2022 via email - Attorney for Appellees: Amrhein, Brennan, Cooper, Erhardt, Poe, Schiraldi, Sullivan, Wisniewski; Attorney for Appellants: Janda, Wright; US mail - Attorney for Appellants: Riess, Tomlinson [22-11071, 22-11086] (Adam M. Katz ) [Entered: 12/27/2022 05:16 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? Yes. [22-11071, 22-11086] (Arjun Pushkar Ogale ) [Entered: 12/27/2022 05:50 PM] |
| OPPOSED MOTION by Not Parties 16 Major Cities, District Attorneys for the Counties of Dallas and Travis, Texas and Prosecutors Against Gun Violence in 22-11071 and Not Parties 16 Major Cities, District Attorneys for the Counties of Dallas and Travis, Texas and Prosecutors Against Gun Violence in 22-11086 to file amicus brief [10010420-2] [22-11071, 22-11086] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: OPPOSED MOTION by 16 MAJOR CITIES, DISTRICT ATTORNEYS FOR THE COUNTIES OF DALLAS AND TRAVIS, TEXAS, AND PROSECUTORS AGAINST GUN VIOLENCE to file amicus brief [10010420-2] Date of service: 12/27/2022 via email - Attorney for Appellees: Amrhein, Brennan, Cooper, Erhardt, Poe, Schiraldi, Sullivan, Wisniewski; Attorney for Appellants: Janda, Wright; US mail - Attorney for Appellants: Riess, Tomlinson [22-11071, 22-11086] (John Russell Hardin ) [Entered: 12/27/2022 06:20 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? Yes. [22-11071, 22-11086] (John Russell Hardin ) [Entered: 12/27/2022 06:03 PM] |
| RECORD EXCERPTS FILED by Appellants Bureau of Alcohol, Tobacco, Firearms, and Explosives, Mr. Steven Dettelbach, Mr. Merrick Garland, U.S. Attorney General and DOJ in 22-11071, 22-11086. # of Copies Provided: 0 [22-11071, 22-11086] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellants Bureau of Alcohol, Tobacco, Firearms, and Explosives, Mr. Steven Dettelbach, DOJ and Mr. Merrick Garland, U.S. Attorney General in 22-11071, 22-11086. Date of service: 12/20/2022 via email - Attorney for Appellees: Amrhein, Brennan, Cooper, Erhardt, Poe, Schiraldi, Sullivan, Wisniewski; Attorney for Appellants: Janda, Riess, Tomlinson, Wright [22-11071, 22-11086] (Sean Janda ) [Entered: 12/20/2022 03:58 PM] |
| APPELLANT'S BRIEF FILED by Bureau of Alcohol, Tobacco, Firearms, and Explosives, Mr. Steven Dettelbach, Mr. Merrick Garland, U.S. Attorney General and DOJ in 22-11071, 22-11086. # of Copies Provided: 0 A/Pet's Brief deadline satisfied. Appellee's Brief due on 01/19/2023 for Appellees Michael G. Andren, Firearms Policy Coalition, Incorporated, Tactical Machining, L.L.C., Jennifer VanDerStok and Blackhawk Manufacturing Group, Incorporated [22-11071, 22-11086] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED by Bureau of Alcohol, Tobacco, Firearms, and Explosives, Mr. Steven Dettelbach, DOJ and Mr. Merrick Garland, U.S. Attorney General in 22-11071, 22-11086. Date of service: 12/20/2022 via email - Attorney for Appellees: Amrhein, Brennan, Cooper, Erhardt, Poe, Schiraldi, Sullivan, Wisniewski; Attorney for Appellants: Janda, Riess, Wright; US mail - Attorney for Appellant: Tomlinson [22-11071, 22-11086] (Sean Janda ) [Entered: 12/20/2022 03:55 PM] |
| CLERK ORDER granting Motion to consolidate cases filed by Appellants DOJ, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Mr. Merrick Garland, U.S. Attorney General and Mr. Steven Dettelbach [ # 10002806-2 ] in 22-11071 [22-11071, 22-11086] (RAJ) [Entered: 12/15/2022 03:00 PM] |
| UNOPPOSED MOTION filed by Appellants Bureau of Alcohol, Tobacco, Firearms, and Explosives, Mr. Steven Dettelbach, DOJ and Mr. Merrick Garland, U.S. Attorney General to consolidate cases 22-11071, 22-11086 for briefing and oral argument purposes. Date of service: 12/13/2022 via email - Attorney for Appellees: Cooper, Erhardt, Schiraldi, Wisniewski; Attorney for Appellants: Janda, Wright; US mail - Attorney for Appellant: Tomlinson [22-11071] (Sean Janda ) [Entered: 12/13/2022 07:44 PM] |
| APPEARANCE FORM FILED by Attorney(s) Kaitlyn Schiraldi for party(s) Appellee Tactical Machining, L.L.C. Appellee Jennifer VanDerStok Appellee Firearms Policy Coalition, Incorporated Appellee Michael G. Andren, in case 22-11071 [22-11071] (NFD) [Entered: 11/21/2022 01:29 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [22-11071] (Kaitlyn Schiraldi ) [Entered: 11/17/2022 04:32 PM] |
| APPEARANCE FORM FILED by Attorney Erin M. Erhardt for Appellee Firearms Policy Coalition, Incorporated in 22-11071, Attorney Erin M. Erhardt for Appellee Tactical Machining, L.L.C. in 22-11071, Attorney Erin M. Erhardt for Appellee Michael G. Andren in 22-11071, Attorney Erin M. Erhardt for Appellee Jennifer VanDerStok in 22-11071 [22-11071] (RAJ) [Entered: 11/16/2022 08:36 AM] |
| APPEARANCE FORM FILED by Attorney Cody J. Wisniewski for Appellee Firearms Policy Coalition, Incorporated in 22-11071, Attorney Cody J. Wisniewski for Appellee Tactical Machining, L.L.C. in 22-11071, Attorney Cody J. Wisniewski for Appellee Michael G. Andren in 22-11071, Attorney Cody J. Wisniewski for Appellee Jennifer VanDerStok in 22-11071 [22-11071] (RAJ) [Entered: 11/15/2022 12:50 PM] |
| APPEARANCE FORM received from Ms. Erin M. Erhardt for Mr. Michael G. Andren, Firearms Policy Coalition, Incorporated, Tactical Machining, L.L.C. and Mr. Jennifer VanDerStok for the court's review. Lead Counsel? No. [22-11071] (Erin M. Erhardt ) [Entered: 11/15/2022 02:44 PM] |
| APPEARANCE FORM received from Mr. Cody J. Wisniewski for Mr. Michael G. Andren, Firearms Policy Coalition, Incorporated, Tactical Machining, L.L.C. and Mr. Jennifer VanDerStok for the court's review. Lead Counsel? Yes. [22-11071] (Cody J. Wisniewski ) [Entered: 11/14/2022 04:48 PM] |
| ELECTRONIC RECORD ON APPEAL FILED. Admitted Exhibits on File in District Court? No. Video/Audio Exhibits on File in District Court? No Electronic ROA deadline satisfied. [22-11071] (DDL) [Entered: 11/10/2022 09:09 AM] |
| CASE CAPTION updated. Appellant Department of Justice in 22-11071 substituted by Appellant DOJ in 22-11071 [22-11071] (LEF) [Entered: 11/10/2022 09:14 AM] |
| BRIEFING NOTICE ISSUED A/Pet's Brief Due on 12/20/2022 for Appellants Bureau of Alcohol, Tobacco, Firearms, and Explosives, Steven Dettelbach, Merrick Garland, U.S. Attorney General and United States Department of Justice. [22-11071] (DDL) [Entered: 11/10/2022 09:32 AM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [22-11071] (Abby Christine Wright ) [Entered: 11/07/2022 09:51 AM] |
| APPEARANCE FORM FILED by Attorney(s) Abby Christine Wright for party(s) Appellant Merrick Garland, U.S. Attorney General Appellant Bureau of Alcohol, Tobacco, Firearms, and Explosives Appellant Department of Justice Appellant Steven Dettelbach, in case 22-11071 [22-11071] (RAJ) [Entered: 11/07/2022 03:33 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? Yes. [22-11071] (Sean Janda ) [Entered: 11/04/2022 01:43 PM] |
| APPEARANCE FORM FILED by Attorney(s) Sean Janda for party(s) Appellant Merrick Garland, U.S. Attorney General Appellant Bureau of Alcohol, Tobacco, Firearms, and Explosives Appellant Department of Justice Appellant Steven Dettelbach, in case 22-11071 [22-11071] (RAJ) [Entered: 11/04/2022 04:35 PM] |
| CASE CAPTION updated. Additional appeal filed. [9975601-2] NOA filed by Appellants Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice, Mr. Steven Dettelbach and Mr. Merrick Garland, U.S. Attorney General. [9975601-1] [22-11071] (LEF) [Entered: 11/03/2022 10:14 AM] |
| INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [9975857-2] Initial AA Check Due satisfied. [22-11071] (RAJ) [Entered: 11/03/2022 12:36 PM] |
| ELECTRONIC RECORD ON APPEAL REQUESTED from District Court for 4:22-CV-691. Electronic ROA due on 11/18/2022. [22-11071] (RAJ) [Entered: 11/03/2022 12:40 PM] |
| US CIVIL CASE docketed. NOA filed by Appellants Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice, Mr. Steven Dettelbach and Mr. Merrick Garland, U.S. Attorney General [22-11071] (LEF) [Entered: 11/03/2022 09:59 AM] |
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