State of Arizona, et al v. Bureau of ATF, et al
| Morehouse Enterprises, LLC, doing business as Bridge City Ordinance, Eliezer Jimenez, Gun Owners of America, Inc. and Gun Owners Foundation |
| State of Arizona, State of West Virginia, State of Alaska, State of Arkansas, State of Idaho, State of Indiana, State of Kansas, Commonwealth of Kentucky, State of Louisiana, State of Missouri, State of Montana, State of Nebraska, State of Oklahoma, State of South Carolina, State of Texas, State of Utah and State of Wyoming |
| Bureau of Alcohol, Tobacco, Firearms and Explosives, United States Department of Justice and Bureau of Alcohol, Tobacco & Firearms, Director, Steven M. Dettelbach (formerly Gary M. Restaino) |
| 22-2854 |
| August 31, 2022 |
| U.S. Court of Appeals, Eighth Circuit |
| Other Statutes |
Opinions
We have the following opinions for this case:
| Description |
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 Morehouse Enterprises, LLC v. Bureau of ATF
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Docket Report
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This docket was last retrieved on December 7, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| PUBLIC DOCKET NOTE: The amicus party "16 Major Cities" is comprised of the cities of Baltimore, Maryland; Boston, Massachusetts; Chicago, Illinois; Columbus, Ohio; Dayton, Ohio; Hartford, Connecticut; Los Angeles, California; Newark, New Jersey; New York, New York; Oakland, California; Philadelphia, Pennsylvania; Providence, Rhode Island; Rochester, New York; SanFrancisco, California; Syracuse, New York; and Seattle, Washington[5224925] [22-2854] (NDG) [Entered: 12/07/2022 03:31 PM] |
| BRIEF FILED - AMICUS BRIEF filed by 16 Major Cities and Prosecutors Against Gun Violence in 22-2812, 22-2854 w/service 12/07/2022 , Length: 6,067 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM 16 Major Cities and Prosecutors Against Gun Violence due 12/12/2022 WITH certificate of service for paper briefs [5224929] [22-2812, 22-2854] (NDG) [Entered: 12/07/2022 03:36 PM] |
| BRIEF FILED - AMICUS 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, State of Washington and State of Wisconsin in 22-2812, 22-2854 w/service 12/06/2022 , Length: 4,235 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM 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, State of Washington and State of Wisconsin due 12/12/2022 WITH certificate of service for paper briefs [5224189] [22-2812, 22-2854]--[Edited 12/07/2022 to add cover letter by NDG] (NDG) [Entered: 12/06/2022 10:36 AM] |
| CLERK LETTER sent regarding failed delivery on notices of docket activity to counsel Anthony Napolitano. [5224211] [22-2854] (NDG) [Entered: 12/06/2022 11:01 AM] |
| AMICUS/INTERVENOR brief of 16 MAJOR CITIES AND PROSECUTORS AGAINST GUN VIOLENCE submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. [5224501] [22-2812, 22-2854] (MNK) [Entered: 12/06/2022 06:56 PM] |
| CLERK ORDER: Parties are notified that absent the filing of a formal objection within10 days, the motion of Gun Violence Prevention Groups for leave to participate as amicus curiae in support of Appellees will be deemed as granted. [5223935] [22-2812, 22-2854] (NDG) [Entered: 12/05/2022 02:58 PM] |
| AMICUS/INTERVENOR brief of THE DISTRICT OF COLUMBIA, NEW JERSEY, PENNSYLVANIA, CALIFORNIA, COLORADO, CONNECTICUT, DELAWARE, HAWAII, ILLINOIS, MAINE, MARYLAND, MASSACHUSETTS, MICHIGAN, MINNESOTA, NEW YORK, NORTH CAROLINA, OREGON, RHODE ISLAND, WASHINGTON, AND WISCONSIN submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. [5223975] [22-2812, 22-2854] (JRG) [Entered: 12/05/2022 03:30 PM] |
| MOTION interested party, 16 MAJOR CITIES AND PROSECUTORS AGAINST GUN VIOLENCE , for leave to file amicus curiae brief on behalf of DEFENDANTS-APPELLEES. w/service 12/05/2022. [5224062] [22-2812, 22-2854] (MNK) [Entered: 12/05/2022 09:19 PM] |
| MOTION interested party, Brady, Everytown for Gun Safety Action Fund, and March for Our Lives (the Gun Violence Prevention Groups) , for leave to file amicus curiae brief on behalf of Defendants-Appellees. w/service 12/05/2022. [5223734] [22-2812, 22-2854] (AMK) [Entered: 12/05/2022 11:23 AM] |
| CLERK ORDER:Granting [ # 5223067-2 ] motion to withdraw as counsel filed by Mr. David M.S. Dewhirst. Mr. David M.S. Dewhirst for State of Montana in 22-2854 has been granted leave to withdraw from this case. [5223179] [22-2854, 22-2812] (NDG) [Entered: 12/02/2022 09:45 AM] |
| Paper copies Appellees brief, [ # 5221982-2 ] filed by Bureau of Alcohol, Tobacco & Firearms, Bureau of Alcohol, Tobacco, Firearms and Explosives and DOJ in 22-2812, 22-2854. 10 paper copies received w/Addendum attached. [5222901] [22-2812, 22-2854] (BNW) [Entered: 12/01/2022 12:23 PM] |
| APPEARANCE filed by Christian B. Corrigan for Appellant State of Montana w/service 12/01/2022 [5223030] [22-2854] (CBC) [Entered: 12/01/2022 03:35 PM] |
| MOTION to withdraw as retained counsel, filed by Attorney Mr. David M.S. Dewhirst for Appellant State of Montana in 22-2854 w/service 12/01/2022. [5223067] [22-2812, 22-2854] (DMD) [Entered: 12/01/2022 04:41 PM] |
| Addendum deficiency notice sent to counsel, Attorney Mr. Sean Janda for Appellees DOJ, Bureau of Alcohol, Tobacco & Firearms and Bureau of Alcohol, Tobacco, Firearms and Explosives in 22-2812, 22-2854. New electronic copy of addendum due on 12/05/2022 [5221756] [22-2812, 22-2854] (NDG) [Entered: 11/29/2022 09:28 AM] |
| Addendum of APPELLEE submitted for review by Bureau of Alcohol, Tobacco & Firearms, Bureau of Alcohol, Tobacco, Firearms and Explosives and DOJ in 22-2812, 22-2854. To open/view this addendum, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. [5221827] [22-2812, 22-2854]--[Edited 11/29/2022 to correct party type by NDG] (SJ) [Entered: 11/29/2022 10:40 AM] |
| BRIEF FILED - APPELLEE BRIEF filed by Bureau of Alcohol, Tobacco & Firearms, Bureau of Alcohol, Tobacco, Firearms and Explosives and DOJ in 22-2812, 22-2854, w/service 11/29/2022 , Length: 14,881 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM appellees due 12/05/2022 WITH certificate of service for paper briefs. Reply brief of appellants due on 12/20/2022. [5221982] [22-2812, 22-2854] (NDG) [Entered: 11/29/2022 01:35 PM] |
| ADDENDUM of APPELLEE FILED by Appellees Bureau of Alcohol, Tobacco & Firearms, Bureau of Alcohol, Tobacco, Firearms and Explosives and DOJ in 22-2812, 22-2854 , w/service 11/29/2022 [5221983] [22-2812, 22-2854] (NDG) [Entered: 11/29/2022 01:35 PM] |
| APPELLEE brief of Bureau of Alcohol, Tobacco & Firearms, Bureau of Alcohol, Tobacco, Firearms and Explosives and DOJ in 22-2812, 22-2854 submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5221665] [22-2812, 22-2854] (SJ) [Entered: 11/28/2022 05:15 PM] |
| MOTION to file an overlength brief, filed by Attorney Mr. Sean Janda for Appellees Bureau of Alcohol, Tobacco & Firearms, Bureau of Alcohol, Tobacco, Firearms and Explosives and DOJ in 22-2812, Attorney Mr. Sean Janda for Appellees Bureau of Alcohol, Tobacco, Firearms and Explosives, DOJ and Bureau of Alcohol, Tobacco & Firearms in 22-2854 w/service 11/16/2022. [5218347] [22-2812, 22-2854] (SJ) [Entered: 11/16/2022 10:15 AM] |
| CLERK ORDER:Granting [ # 5218347-2 ] motion to file an overlength brief filed by Mr. Sean Janda. Motion to file brief in excess of limits set forth in FRAP Rule 32 (a)(A) and (B) is granted. Brief of 15,000 words may be filed. [5218509] [22-2812, 22-2854] (NDG) [Entered: 11/16/2022 01:27 PM] |
| RECORD FILED - JOINT APPENDIX, 3 volumes, Comments: 3 copies of 3 volumes each [5214212] [22-2812, 22-2854] (NDG) [Entered: 11/02/2022 01:06 PM] |
| Paper copies Appellant/Petitioner Brief, [ # 5212348-2 ] filed by Commonwealth of Kentucky, State of Alaska, State of Arizona, State of Arkansas, State of Idaho, State of Indiana, State of Kansas, State of Louisiana, State of Missouri, State of Montana, State of Nebraska, State of Oklahoma, State of South Carolina, State of Texas, State of Utah, State of West Virginia and State of Wyoming 10 paper copies received. w/Addendum attached [5213748] [22-2854] (NDG) [Entered: 11/01/2022 02:44 PM] |
| PUBLIC DOCKET NOTE: As all appellant briefs have been filed in these consolidated appeals, the consolidated brief of appellees Bureau of Alcohol, Tobacco, Firearms and Explosives; United States Department of Justice and Bureau of Alcohol, Tobacco & Firearms, Director, Steven M. Dettelbach is due November 28, 2022. [5212369] [22-2812, 22-2854] (NDG) [Entered: 10/27/2022 03:17 PM] |
| BRIEF FILED - APPELLANT BRIEF filed by Commonwealth of Kentucky, State of Alaska, State of Arizona, State of Arkansas, State of Idaho, State of Indiana, State of Kansas, State of Louisiana, State of Missouri, State of Montana, State of Nebraska, State of Oklahoma, State of South Carolina, State of Texas, State of Utah, State of West Virginia and State of Wyoming. w/service 10/27/2022 , Length: 8,562 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM State Appellants due 11/01/2022 WITH certificate of service for paper briefs [5212348] [22-2854] (NDG) [Entered: 10/27/2022 02:57 PM] |
| APPELLANT brief of State of Arizona, State of Montana, State of West Virginia, State of Alaska, State of Arkansas, State of Idaho, State of Indiana, State of Kansas, Commonwealth of Kentucky, State of Louisiana, State of Missouri, State of Nebraska, State of Oklahoma, State of South Carolina, State of Texas, State of Utah and State of Wyoming submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5211973] [22-2854]--[Edited 10/27/2022 by BNW to remove consolidated case. NDA resent.] (ARN) [Entered: 10/26/2022 06:10 PM] |
| Brief deficiency notice sent to counsel, Attorney Mr. Anthony Roman Napolitano for Appellant State of Arizona. [5210158] [22-2854] (NDG) [Entered: 10/21/2022 10:57 AM] |
| ADDENDUM of APPELLANT FILED by Appellants Commonwealth of Kentucky, State of Alaska, State of Arizona, State of Arkansas, State of Idaho, State of Indiana, State of Kansas, State of Louisiana, State of Missouri, State of Montana, State of Nebraska, State of Oklahoma, State of South Carolina, State of Texas, State of Utah, State of West Virginia and State of Wyoming w/service 10/21/2022 [5210180] [22-2854]--[Edited 10/27/2022 by BNW to remove consolidated case. NDA resent.] (NDG) [Entered: 10/21/2022 11:27 AM] |
| APPELLANT brief of State of Arizona, State of Montana, State of West Virginia, State of Alaska, State of Arkansas, State of Idaho, State of Indiana, State of Kansas, Commonwealth of Kentucky, State of Louisiana, State of Missouri, State of Nebraska, State of Oklahoma, State of South Carolina, State of Texas, State of Utah and State of Wyoming in 22-2812, 22-2854 submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5210002] [22-2812, 22-2854] (ARN) [Entered: 10/20/2022 11:40 PM] |
| Addendum of APPELLANT submitted for review by State of Arizona, State of Montana, State of West Virginia, State of Alaska, State of Arkansas, State of Idaho, State of Indiana, State of Kansas, Commonwealth of Kentucky, State of Louisiana, State of Missouri, State of Nebraska, State of Oklahoma, State of South Carolina, State of Texas, State of Utah and State of Wyoming in 22-2812, 22-2854. To open/view this addendum, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. [5210003] [22-2812, 22-2854] (ARN) [Entered: 10/20/2022 11:45 PM] |
| JUDGE ORDER: The emergency motion for an injunction pending appeal is denied [ # 5195743-2 ]. Judge Grasz would grant this motion. STEVEN M. COLLOTON, RAYMOND W. GRUENDER, and L. STEVEN GRASZ Adp Sep 2022 [5204710] [22-2812, 22-2854] (CNL) [Entered: 10/04/2022 03:39 PM] |
| RESPONSE in opposition to motion for stay and for an expedited appeal [ # 5195743-3 ] filed by Attorney Mr. Sean Janda for Appellees Bureau of Alcohol, Tobacco & Firearms, Bureau of Alcohol, Tobacco, Firearms and Explosives and DOJ in 22-2812, 22-2854 w/service 09/26/2022. [5201993] [22-2812, 22-2854]--[Edited 09/27/2022 to correct docket text by NDG] (SJ) [Entered: 09/26/2022 04:35 PM] |
| RECORD FILED - HEARING TRANSCRIPT, 1 volumes, Comments: Status Conference - District Court document #96 [Copy do not return to the District Court at end of case], Source Location: USDC / ND, Dt. of Proceeding/Hearing: 08/19/2022, No. of Pgs.: 18, Court Reporter: Kroke, Kelly A. [5202328] [22-2812, 22-2854] (STL) [Entered: 09/27/2022 02:10 PM] |
| DESIGNATION of record filed by Appellants Gun Owners Foundation, Gun Owners of America, Inc., Eliezer Jimenez and Morehouse Enterprises, LLC in 22-2812. w/service 09/14/2022 [5198244] [22-2812, 22-2854] (SDS) [Entered: 09/14/2022 02:03 PM] |
| METHOD of appendix preparation filed by Appellants Gun Owners Foundation, Gun Owners of America, Inc., Eliezer Jimenez and Morehouse Enterprises, LLC in 22-2812 - Joint Appendix - w/service 09/14/2022 [5198248] [22-2812, 22-2854] (SDS) [Entered: 09/14/2022 02:05 PM] |
| STATEMENT of issues filed by Appellants Gun Owners Foundation, Gun Owners of America, Inc., Eliezer Jimenez and Morehouse Enterprises, LLC in 22-2812 - w/service 09/14/2022. [5198267] [22-2812, 22-2854] (SDS) [Entered: 09/14/2022 02:22 PM] |
| Certificate of transcript filed by Appellants Gun Owners Foundation, Gun Owners of America, Inc., Eliezer Jimenez and Morehouse Enterprises, LLC in 22-2812. Transcript ordered[5198249] [22-2812, 22-2854] (SDS) [Entered: 09/14/2022 02:07 PM] |
| APPEARANCE filed by Melissa A. Holyoak for Appellant State of Utah w/service 09/12/2022 [5197413] [22-2854] (MAH) [Entered: 09/12/2022 07:48 PM] |
| JUDGE ORDER: The motion to file an overlength motion [ # 5195719-2 ] is granted. Motion of 7,200 words may be filed. The government is directed to file a response to appellants' motion for injunction pending appeal and for an expedited appeal, [ # 5195743-3 ]. Response of Bureau of Alcohol, Tobacco & Firearms, Bureau of Alcohol, Tobacco, Firearms and Explosives and United States Department of Justice due 09/26/2022 Adp Sep 2022 [5196391] [22-2812, 22-2854] (NDG) [Entered: 09/08/2022 04:06 PM] |
| APPEARANCE filed by Matthew F. Kuhn for Appellant Commonwealth of Kentucky w/service 09/08/2022 [5196092] [22-2854] (MFK) [Entered: 09/08/2022 10:16 AM] |
| MOTION for stay pending appeal and for expedited appeal, filed by Attorney Mr. Stephen D. Stamboulieh for Appellants Gun Owners Foundation, Gun Owners of America, Inc., Eliezer Jimenez and Morehouse Enterprises, LLC in 22-2812 w/service 09/07/2022. [5195743] [22-2812, 22-2854]--[Edited 09/07/2022 to add expedited relief by NDG] (SDS) [Entered: 09/07/2022 02:12 PM] |
| MOTION to file an overlength brief, filed by Attorney Mr. Stephen D. Stamboulieh for Appellants Gun Owners Foundation, Gun Owners of America, Inc., Eliezer Jimenez and Morehouse Enterprises, LLC in 22-2812 w/service 09/07/2022. [5195719] [22-2812, 22-2854] (SDS) [Entered: 09/07/2022 01:50 PM] |
| Originating court document filed consisting of notice of appeal, Order Denying Motion for Preliminary Injunction filed 8/23/2022, and docket entries, [5193527] [22-2854] (ASL) [Entered: 08/31/2022 02:24 PM] |
| CONSOLIDATED BRIEFING SCHEDULE SET AS FOLLOWS: Transcript due on or before 10/11/2022. BRIEF APPELLANTS, Gun Owners Foundation, Gun Owners of America, Inc., Eliezer Jimenez, Morehouse Enterprises, LLC, Commonwealth of Kentucky, State of Alaska, State of Arizona, State of Arkansas, State of Idaho, State of Indiana, State of Kansas, State of Louisiana, State of Missouri, State of Montana, State of Nebraska, State of Oklahoma, State of South Carolina, State of Texas, State of Utah, State of West Virginia and State of Wyoming due 10/20/2022 Appellee brief is due 30 days from the date the court issues the Notice of Docket Activity filing the brief of appellant. [5193573] [22-2812, 22-2854] (ASL) [Entered: 08/31/2022 03:11 PM] |
| APPEARANCE filed by Sean R. Janda for Appellees Bureau of Alcohol, Tobacco & Firearms, Bureau of Alcohol, Tobacco, Firearms and Explosives and DOJ w/service 08/31/2022 [5193647] [22-2854] (SJ) [Entered: 08/31/2022 04:28 PM] |
| Civil case docketed. [5193522] [22-2854] (ASL) [Entered: 08/31/2022 02:14 PM] |
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