Damien Guedes, et al v. ATF, et al
| Firearms Policy Coalition, Inc., CA 18-3083 |
| Florida Carry, Inc., Firearms Policy Foundation, Madison Society Foundation, Inc., Shane Roden and Damien Guedes |
| Thomas E. Brandon, in his official capacity as Acting Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, United States of America, Bureau of Alcohol, Tobacco, Firearms and Explosives and William P. Barr, in his official capacity as Attorney General of the United States |
| Erwin Chemerinsky, Victoria Nourse, Jed Shugerman, Morton Rosenberg, W. Clark Aposhian, Lawrence Reynolds, Richard Painter, Giffords Law Center to Prevent Gun Violence, Trip Rothschild, Alan B. Morrison, Cato Institute, Citizens for Responsibility and Ethics in Washington, The New Civil Liberties Alliance, Peter M. Shane, Karen Kucik, Marilyn Glynn, Virginia Canter and Don Fox |
| 19-5042 |
| February 26, 2019 |
| U.S. Court of Appeals, D.C. Circuit |
| Other |
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| EMERGENCY MOTION [1781365] to stay mandate filed by Firearms Policy Foundation, Florida Carry, Inc., Damien Guedes, Madison Society Foundation, Inc. and Shane Roden in 19-5042, David Codrea, Scott Heuman and Owen Monroe in 19-5044 (Service Date: 04/05/2019 by CM/ECF NDA) Length Certification: 509 words. [19-5042, 19-5044] (Kraut, Adam) [Entered: 04/05/2019 02:03 PM] |
| NOTICE [1781304] from Supreme Court: Order: Order denying application of stay and referring request to DC Circuit [Service Date: 04/05/2019 ] [19-5042, 19-5044] [Entered: 04/05/2019 12:57 PM] |
| LETTER [1781369] pursuant to FRAP 28j advising of additional authorities filed by ATF, William P. Barr, Thomas E. Brandon and USA in 19-5042, ATF and William P. Barr in 19-5044 [Service Date: 04/05/2019 ] [19-5042, 19-5044] (Wright, Abby) [Entered: 04/05/2019 02:10 PM] |
| LETTER [1781441] pursuant to FRAP 28j advising of additional authorities filed by ATF, William P. Barr, Thomas E. Brandon and USA in 19-5042, ATF and William P. Barr in 19-5044 [Service Date: 04/05/2019 ] [19-5042, 19-5044] (Wright, Abby) [Entered: 04/05/2019 04:24 PM] |
| MANDATE ISSUED to Clerk, U.S. District Court. [19-5042, 19-5044] [Entered: 04/05/2019 05:48 PM] |
| PER CURIAM ORDER [1781463] filed that, based on the governments representation that it will not enforce the Bump-Stock Rule against the named plaintiffs or their bona fide members before 5:00 p.m. on Wednesday, April 10, 2019, the emergency joint motion to extend stay order [ # 1781365-2 ] be denied and the administrative stay entered on March 23, 2019, and clarified on March 25, 2019, be dissolved. The Clerk is directed to issue the mandate forthwith. Before Judges: Henderson, Srinivasan and Millett. [19-5042, 19-5044] [Entered: 04/05/2019 05:43 PM] |
| NOTICE [1780804] requesting that the administrative stay granted by this Court remain in effect pending disposition of the stay application before the Supreme Court of the United States, pursuant to the Court's Judgment of April 1, 2019. filed by Firearms Policy Foundation, Madison Society Foundation, Inc., Florida Carry, Inc., Damien Guedes and Shane Roden in 19-5042, David Codrea, Scott Heuman and Owen Monroe in 19-5044 [Service Date: 04/03/2019 ] [19-5042, 19-5044] (Prince, Joshua) [Entered: 04/03/2019 09:41 AM] |
| PER CURIAM JUDGMENT [1780390] filed it is ORDERED and ADJUDGED that the District Courts denial of the preliminary injunction appealed from in these causes be affirmed, in accordance with the opinion of the court filed herein this date. It is FURTHER ORDERED that the administrative stay of the effective date of the Bump Stock Rule, 83 Fed. Reg. 66,514 (Dec. 26, 2018), that was entered on the courts own motion on March 23, 2019, will remain in effect for 48 hours from the time of the issuance of the opinion in this case to allow plaintiffs, if they wish, to seek a stay from the Supreme Court of the United States. Should plaintiffs do so, the administrative stay will remain in effect pending disposition of the stay application. Plaintiffs are directed to notify the court promptly should an application for a stay be filed. It is FURTHER ORDERED that Codrea plaintiffs-appellants notice of voluntary dismissal of Whitaker-based claim in No. 19-5044, construed by the court as a motion for voluntary dismissal, be denied. The Clerk is directed to withhold issuance of the mandate pending resolution of any stay application filed in the Supreme Court. Plaintiffs are directed to notify the court promptly of the disposition of a stay application. If plaintiffs do not seek a stay from the Supreme Court, the Clerk is directed to issue the mandate 48 hours after the opinion in these consolidated cases issues. See Fed. R. App. P. 41(b); D.C. Cir. Rule 41(a)(1). [19-5042, 19-5044] [Entered: 04/01/2019 11:02 AM] |
| OPINION [1780398] filed PER CURIAM OPINION (Pages: 59), CONCURRING IN PART AND DISSENTING IN PART OPINION (Pages: 27) by Judge Henderson. [19-5042, 19-5044] [Entered: 04/01/2019 11:14 AM] |
| LETTER [1780328] Dismiss Only Whitaker-based argument from 19-5044 as done in 19-5043 filed by David Codrea, Scott Heuman and Owen Monroe in 19-5044 [Service Date: 03/31/2019 ] [19-5044, 19-5042] (Stamboulieh, Stephen) [Entered: 03/31/2019 02:26 PM] |
| TRANSCRIPT [1780260] of oral argument [19-5042, 19-5044] [Entered: 03/29/2019 02:47 PM] |
| LETTER [1780126] pursuant to FRAP 28j advising of additional authorities filed by ATF, William P. Barr, Thomas E. Brandon and USA in 19-5042, ATF and William P. Barr in 19-5044 [Service Date: 03/28/2019 ] [19-5042, 19-5044] (Hinshelwood, Bradley) [Entered: 03/28/2019 05:11 PM] |
| RESPONSE IN OPPOSITION [1779072] to motion clarify [ # 1779028-2 ] filed by ATF, William P. Barr, Thomas E. Brandon and USA in 19-5042, ATF and William P. Barr in 19-5044 [Service Date: 03/25/2019 by CM/ECF NDA] Length Certification: 1215 words. [19-5042, 19-5044] (Wright, Abby) [Entered: 03/25/2019 10:19 AM] |
| REPLY [1779232] filed by Firearms Policy Foundation, Florida Carry, Inc., Damien Guedes, Madison Society Foundation, Inc. and Shane Roden in 19-5042, David Codrea, Scott Heuman and Owen Monroe in 19-5044 to response [ # 1779072-2 ] [Service Date: 03/25/2019 by CM/ECF NDA] Length Certification: 771. [19-5042, 19-5044]--[Edited 03/25/2019 by AH--MODIFIED EVENT] (Prince, Joshua) [Entered: 03/25/2019 01:36 PM] |
| PER CURIAM ORDER [1779283] filed that the motion to modify be denied. It is FURTHER ORDERED that the request for clarification be granted in part and be denied in part. The administrative stay entered on March 23, 2019, applies only to the named Appellants in appeals Nos. 19-5042 and 19-5044, including any current bona fide members of the named membership associations. See Sorenson Communications v. FCC, 897 F.3d 214, 224-225 (D.C. Cir. 2018). Before Judges: Henderson, Srinivasan and Millett. [19-5042, 19-5044] [Entered: 03/25/2019 03:17 PM] |
| EMERGENCY MOTION [1779028] to clarify Merits Panel order to stay case, Merits Panel order [1779028-2] filed by Firearms Policy Foundation, Florida Carry, Inc., Damien Guedes, Madison Society Foundation, Inc. and Shane Roden in 19-5042, David Codrea, Scott Heuman and Owen Monroe in 19-5044 (Service Date: 03/24/2019 by CM/ECF NDA) Length Certification: 1088. [19-5042, 19-5044] (Prince, Joshua) [Entered: 03/24/2019 05:12 PM] |
| PER CURIAM ORDER [1779025] filed that the motion of the Firearms Policy Coalition, Inc., to dismiss its appeal, No. 19-5043, be granted. Appeal No. 19-5043 is hereby dismissed. It is FURTHER ORDERED, on the courts own motion, that the effective date of the Bump-Stock Rule, 83 Fed. Reg. 66514 (Dec. 26, 2018), be administratively stayed in its application only as to the named Appellants in appeals Nos. 19-5042 and 19-5044, pending further order of this Court. The purpose of this stay is exclusively to give the Court sufficient opportunity to consider the disposition of this highly expedited appeal, and should not be construed in any way as a ruling on the merits of the appeal. See D.C. Circuit Handbook of Practice and Internal Procedures 33 (2018). The Clerk is directed to issue the mandate forthwith in No. 19-5043 only. Before Judges: Henderson, Srinivasan and Millett. [19-5042, 19-5043, 19-5044] [Entered: 03/23/2019 05:53 PM] |
| ORAL ARGUMENT HELD before Judges Henderson, Srinivasan and Millett. [19-5042, 19-5043, 19-5044] [Entered: 03/22/2019 10:20 AM] |
| MOTION [1779005] to dismiss case voluntarily (Response to Motion served by hand due on 04/01/2019). (Response to Motion served by mail due on 04/01/2019), to stay underlying order in case filed by Firearms Policy Coalition, Inc. in 19-5043 (Service Date: 03/22/2019 by CM/ECF NDA) Length Certification: 704 words. [19-5043, 19-5042, 19-5044] (Goldstein, Thomas) [Entered: 03/22/2019 05:08 PM] |
| LETTER [1778789] pursuant to FRAP 28j advising of additional authorities filed by David Codrea, Scott Heuman and Owen Monroe in 19-5044 [Service Date: 03/21/2019 ] [19-5044, 19-5042, 19-5043] (Stamboulieh, Stephen) [Entered: 03/21/2019 04:22 PM] |
| LETTER [1778253] pursuant to FRAP 28j advising of additional authorities filed by ATF, William P. Barr, Thomas E. Brandon and USA in 19-5042, 19-5043, ATF and William P. Barr in 19-5044 [Service Date: 03/19/2019 ] [19-5042, 19-5043, 19-5044] (Hinshelwood, Bradley) [Entered: 03/19/2019 10:22 AM] |
| ENTRY OF APPEARANCE [1778205] filed by Alan Alexander Beck on behalf of Appellants David Codrea, Scott Heuman and Owen Monroe in 19-5044. [19-5044, 19-5042, 19-5043] (Beck, Alan) [Entered: 03/18/2019 07:58 PM] |
| APPELLANT REPLY BRIEF [1777825] filed by Firearms Policy Coalition, Inc. in 19-5043 [Service Date: 03/15/2019 ] Length of Brief: 4,966 words. [19-5043, 19-5042, 19-5044] (Goldstein, Thomas) [Entered: 03/15/2019 12:01 PM] |
| APPELLANT REPLY BRIEF [1777941] filed by Firearms Policy Foundation, Florida Carry, Inc., Damien Guedes, Madison Society Foundation, Inc. and Shane Roden in 19-5042 [Service Date: 03/15/2019 ] Length of Brief: 3,197 words. [19-5042, 19-5043, 19-5044] (Kraut, Adam) [Entered: 03/15/2019 03:58 PM] |
| LETTER [1777529] pursuant to FRAP 28j advising of additional authorities filed by ATF, William P. Barr, Thomas E. Brandon and USA in 19-5042, 19-5043, ATF and William P. Barr in 19-5044 [Service Date: 03/14/2019 ] [19-5042, 19-5043, 19-5044] (Hinshelwood, Bradley) [Entered: 03/14/2019 10:09 AM] |
| PER CURIAM ORDER [1777634] filed denying the motion of appellant Firearms Policy Coalition, Inc. to exceed word limits [ # 1777512-2 ]. Before Judges: Henderson, Srinivasan and Millett. [19-5042, 19-5043, 19-5044] [Entered: 03/14/2019 02:50 PM] |
| MOTION [1777512] to exceed reply filed by Firearms Policy Coalition, Inc. in 19-5042, 19-5043 (Service Date: 03/14/2019 by CM/ECF NDA) Length Certification: 472 words. [19-5042, 19-5043, 19-5044] (Woofter, Daniel) [Entered: 03/14/2019 09:21 AM] |
| APPELLANT REPLY BRIEF [1777713] filed by David Codrea, Scott Heuman and Owen Monroe in 19-5044 [Service Date: 03/14/2019 ] Length of Brief: 1,579 Words. [19-5044, 19-5042, 19-5043] (Stamboulieh, Stephen) [Entered: 03/14/2019 09:26 PM] |
| AMICUS FOR APPELLEE BRIEF [1777403] filed by Giffords Law Center to Prevent Gun Violence in 19-5042, 19-5043, 19-5044 [Service Date: 03/13/2019 ] Length of Brief: 5339 words. [19-5042, 19-5043, 19-5044] (Simmons, Ian) [Entered: 03/13/2019 03:09 PM] |
| CORRECTED AMICUS FOR APPELLEE BRIEF [1777448] filed by Giffords Law Center to Prevent Gun Violence in 19-5042, 19-5043, 19-5044 [Service Date: 03/13/2019 ] Length of Brief: 5339 words. [19-5042, 19-5043, 19-5044] (Simmons, Ian) [Entered: 03/13/2019 04:16 PM] |
| APPELLEE BRIEF [1777426] filed by ATF, William P. Barr, Thomas E. Brandon and USA in 19-5042, 19-5043, ATF and William P. Barr in 19-5044 [Service Date: 03/13/2019 ] Length of Brief: 19,490 words. [19-5042, 19-5043, 19-5044] (Hinshelwood, Bradley) [Entered: 03/13/2019 03:33 PM] |
| PER CURIAM ORDER [1777489] filed granting motions of movant-amici Constitutional Scholars, Morton Rosenberg, Citizens for Responsibility and Ethics in Washington and Former Government Ethics Officials, and the New Civil Liberties Alliance and W. Clark Aposhian for leave to file briefs amici curiae in support of appellants. The Clerk is directed to file the lodged briefs amici curiae. The parties are directed to be prepared to address at oral argument any relevant issues raised in the briefs amici curiae that are accepted for filing. Before Judges: Henderson, Srinivasan and Millett. [19-5042, 19-5043, 19-5044] [Entered: 03/13/2019 05:17 PM] |
| PER ABOVE ORDER lodged Amicus brief [ # 1777286-2 ], Amicus final brief [ # 1777140-2 ], Amicus brief [ # 1777134-2 ], Amicus brief [ # 1777088-2 ] is filed [19-5042, 19-5043, 19-5044] [Entered: 03/13/2019 05:18 PM] |
| FORM 72 submitted by arguing attorney, Hashim M. Mooppan, on behalf of Appellees ATF, William P. Barr, Thomas E. Brandon and USA in 19-5042, 19-5043, Appellees ATF and William P. Barr in 19-5044 (For Internal Use Only: Form is restricted to protect counsel's personal contact information) . [19-5042, 19-5043, 19-5044] (Mooppan, Hashim) [Entered: 03/12/2019 12:39 PM] |
| FORM 72 submitted by arguing attorney, Thomas C. Goldstein, on behalf of Appellee Firearms Policy Coalition, Inc. in 19-5042, Appellant Firearms Policy Coalition, Inc. in 19-5043 (For Internal Use Only: Form is restricted to protect counsel's personal contact information) . [19-5042, 19-5043, 19-5044] (Goldstein, Thomas) [Entered: 03/12/2019 12:19 PM] |
| CORRECTED AMICUS FOR APPELLANT BRIEF [1777286] lodged by Morton Rosenberg in 19-5042 [Service Date: 03/11/2019 ] Length of Brief: 4,643 words.. [19-5043, 19-5042, 19-5044]--[Edited 03/13/2019 by AH--MODIFIED EVENT FROM FILED TO LODGED] (Cecere, Joseph) [Entered: 03/12/2019 10:05 PM] |
| FORM 72 submitted by arguing attorney, Erik Scott Jaffe, on behalf of Appellants Firearms Policy Foundation, Florida Carry, Inc., Damien Guedes, Madison Society Foundation, Inc. and Shane Roden in 19-5042 (For Internal Use Only: Form is restricted to protect counsel's personal contact information) . [19-5042, 19-5043, 19-5044] (Jaffe, Erik) [Entered: 03/12/2019 11:50 AM] |
| NOTICE [1777244] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by Giffords Law Center to Prevent Gun Violence in 19-5044, 19-5043, 19-5042 [Service Date: 03/12/2019 ] [19-5042, 19-5043, 19-5044]--[Edited 03/12/2019 by AH] (Simmons, Ian) [Entered: 03/12/2019 04:15 PM] |
| ENTRY OF APPEARANCE [1777145] filed by Matthew J. Glover on behalf of Appellees ATF, William P. Barr, Thomas E. Brandon and USA in 19-5042, 19-5043, Appellees ATF and William P. Barr in 19-5044. [19-5042, 19-5043, 19-5044] (Glover, Matthew) [Entered: 03/12/2019 11:47 AM] |
| MOTION [1777099] to participate as amicus curiae [Disclosure Listing: Attached] filed by MORTON ROSENBERG [Service Date: 03/11/2019 ] [19-5043, 19-5042, 19-5044] (Cecere, Joseph) [Entered: 03/12/2019 10:30 AM] |
| AMICUS FOR APPELLANT BRIEF [1777088] lodged by Citizens for Responsibility and Ethics in Washington, Virginia Canter, Don Fox, Marilyn Glynn, Karen Kucik, Richard Painter, Lawrence Reynolds, Trip Rothschild [Service Date: 03/12/2019 ] Length of Brief: This brief contains 5,346 words, excluding the parts of the brief exempted by Federal Rule of Appellate Procedure 32(f).. [19-5043, 19-5042, 19-5044]--Edited 03/12/2019 by AH--MODIFIED EVENT FROM FILED TO LODGED] (Shaw, Conor) [Entered: 03/12/2019 10:09 AM] |
| AMICUS FOR APPELLANT BRIEF [1777134] lodged by Professors Erwin Chemerinsky, Alan B. Morrison, Victoria Nourse, Peter M. Shane, and Jed Shugerman [Service Date: 03/12/2019 ] Length of Brief: 5,170 words. [19-5043, 19-5042, 19-5044]--[Edited 03/12/2019 by AH--MODIFIED EVENT FROM FILED TO LODGED] (Weisbrod, Stephen) [Entered: 03/12/2019 11:12 AM] |
| AMICUS FOR APPELLANT BRIEF [1777102] lodged by Morton Rosenberg in 19-5043 [Service Date: 03/11/2019 ] Length of Brief: 4,643 words. [19-5043, 19-5042, 19-5044]--[Edited 03/12/2019 by AH--MODIFIED EVENT FROM FILED TO LODGED] (Cecere, Joseph) [Entered: 03/12/2019 10:32 AM] |
| CORRECTED AMICUS FOR APPELLANT FINAL BRIEF [1777140] lodged by New Civil Liberties Alliance and W. Clark Aposhian [Service Date: 03/11/2019 ] Length of Brief: 6298 words. [19-5042, 19-5043, 19-5044]--[Edited 03/12/2019 by AH--MODIFIED EVENT FROM FILED TO LODGED] (Simpson, Steven) [Entered: 03/12/2019 11:21 AM] |
| FORM 72 submitted by arguing attorney, Brad Hinshelwood, on behalf of Appellees ATF, William P. Barr, Thomas E. Brandon and USA in 19-5042, 19-5043, Appellees ATF and William P. Barr in 19-5044 (For Internal Use Only: Form is restricted to protect counsel's personal contact information) . [19-5042, 19-5043, 19-5044] (Hinshelwood, Bradley) [Entered: 03/12/2019 11:27 AM] |
| TRANSCRIPT STATUS REPORT [1776946] filed by David Codrea, Scott Heuman and Owen Monroe in 19-5044 [Service Date: 03/11/2019 ]. Status of Transcripts: Final - All transcripts needed for the appeal have been completed and received. [19-5044, 19-5042, 19-5043] (Stamboulieh, Stephen) [Entered: 03/11/2019 02:35 PM] |
| PER CURIAM ORDER [1776905] filed granting the joint motion to divide oral argument [ # 1776662-2 ], The following revised allocation of oral argument will now apply: I. Not-Whitaker Based Issues - Erik Jaffe (Appellants) - 10 Minutes, Brad Hinshelwood (Appellees) - 10 Minutes; II. Whitaker Based Issues - Tom Goldstein (Appellants) - 5 Minutes, Hashim Mooppan (Appellees) - 5 Minutes. [19-5042, 19-5043, 19-5044] [Entered: 03/11/2019 01:09 PM] |
| MOTION [1776884] to participate as amicus curiae [Disclosure Listing: Not Applicable to this Party] filed by Jed Shugerman, Peter M. Shane, Victoria Nourse, Alan B. Morrison and Erwin Chemerinsky in 19-5044, 19-5042, 19-5043 [Service Date: 03/11/2019 ] [19-5043, 19-5042, 19-5044]--[Edited 03/12/2019 by AH] (Weisbrod, Stephen) [Entered: 03/11/2019 11:56 AM] |
| MOTION [1776964] to participate as amicus curiae [Disclosure Listing: Not Applicable to this Party] filed by Morton Rosenberg in 19-5043, 19-5042, 19-5044 [Service Date: 03/11/2019 ] [19-5043, 19-5042, 19-5044]--[Edited 03/12/2019 by AH] (Cecere, Joseph) [Entered: 03/11/2019 03:16 PM] |
| MOTION [1777004] to participate as amicus curiae [Disclosure Listing: Attached] filed by Former Government Ethics Officials and Citizens for Responsibility and Ethics in Washington, Trip Rothschild, Lawrence Reynolds, Richard Painter, Karen Kucik, Marilyn Glynn, Don Fox and Virginia Canter in 19-5043, 19-5042, 19-5044 [Service Date: 03/11/2019 ] [19-5043, 19-5042, 19-5044]--[Edited 03/12/2019 by AH] (Shaw, Conor) [Entered: 03/11/2019 04:14 PM] |
| AMICUS FOR APPELLANT BRIEF [1777022] filed by New Civil Liberties Alliance and W. Clark Aposhian [Service Date: 03/11/2019 ] Length of Brief: 6298 words. [19-5042, 19-5043, 19-5044] (Simpson, Steven) [Entered: 03/11/2019 04:53 PM] |
| MOTION [1777019] to participate as amicus curiae [Disclosure Listing: Not Attached] filed by W. Clark Aposhian and The New Civil Liberties Alliance in 19-5042, 19-5043, 19-5044 [Service Date: 03/11/2019 ] [19-5042, 19-5043, 19-5044]--[Edited 03/12/2019 by AH] (Simpson, Steven) [Entered: 03/11/2019 04:47 PM] |
| JOINT UNOPPOSED MOTION [1776662] regarding oral argument attorneys per side filed by USA, Thomas E. Brandon, William P. Barr and ATF in 19-5042, 19-5043, William P. Barr and ATF in 19-5044 [Service Date: 03/08/2019 ] Length Certification: 716 words. [19-5042, 19-5043, 19-5044] (Wright, Abby) [Entered: 03/08/2019 10:24 AM] |
| NOTICE [1776665] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by Cato Institute [Service Date: 03/08/2019 ] [19-5042]--[Edited 03/08/2019 by AH] (Shapiro, Ilya) [Entered: 03/08/2019 10:32 AM] |
| AMICUS FOR APPELLANT BRIEF [1776768] filed by Cato Institute [Service Date: 03/08/2019 ] Length of Brief: 2,177 words. [19-5042] (Shapiro, Ilya) [Entered: 03/08/2019 03:14 PM] |
| PER CURIAM ORDER [1776605] filed allocating oral argument time as follows: Appellants - 15 Minutes, Appellees - 15 Minutes. One counsel per side to argue; directing party to file Form 72 notice of arguing attorney by 03/15/2019 [19-5042, 19-5043, 19-5044] [Entered: 03/07/2019 04:11 PM] |
| APPELLANT BRIEF [1775764] filed by Firearms Policy Foundation, Florida Carry, Inc., Damien Guedes, Madison Society Foundation, Inc. and Shane Roden in 19-5042 [Service Date: 03/04/2019 ] Length of Brief: 6,036 words. [19-5042, 19-5043, 19-5044] (Kraut, Adam) [Entered: 03/04/2019 12:57 PM] |
| ENTRY OF APPEARANCE [1775722] filed by Brad Hinshelwood on behalf of Appellees ATF, William P. Barr, Thomas E. Brandon and USA in 19-5042, 19-5043, Appellees ATF and William P. Barr in 19-5044. [19-5042, 19-5043, 19-5044] (Hinshelwood, Bradley) [Entered: 03/04/2019 10:28 AM] |
| APPELLANT BRIEF [1775777] filed by Firearms Policy Coalition, Inc. in 19-5043 [Service Date: 03/04/2019 ] Length of Brief: 8,305 Words. [19-5043, 19-5042, 19-5044] (Goldstein, Thomas) [Entered: 03/04/2019 01:36 PM] |
| PER CURIAM ORDER [1775890] filed ORDERED that the motion be dismissed as moot in light of the March 4, 2019 filing of the joint appendix. Before Judges: Henderson, Srinivasan and Millett. [19-5042, 19-5043, 19-5044] [Entered: 03/04/2019 04:20 PM] |
| SEPARATE STATUTORY ADDENDUM [1775778] filed by Firearms Policy Coalition, Inc. in 19-5043, 19-5042 to Appellant/Petitioner brief [ # 1775777-2 ] [Service Date:03/04/2019 ] [19-5043, 19-5042, 19-5044] (Goldstein, Thomas) [Entered: 03/04/2019 01:40 PM] |
| JOINT APPENDIX [1775782] filed by Firearms Policy Coalition, Inc. in 19-5042, 19-5043. [Volumes: 1] [Service Date: 03/04/2019 ] [19-5042, 19-5043, 19-5044] (Goldstein, Thomas) [Entered: 03/04/2019 01:44 PM] |
| APPELLANT BRIEF [1775704] filed by David Codrea, Scott Heuman and Owen Monroe in 19-5044 [Service Date: 03/03/2019 ] Length of Brief: 5044 Words. [19-5044, 19-5042, 19-5043] (Stamboulieh, Stephen) [Entered: 03/03/2019 07:34 PM] |
| UNOPPOSED MOTION [1775700] to dispense with appendix filed by Firearms Policy Coalition, Inc. in 19-5042, 19-5043 [Service Date: 03/02/2019 ] Length Certification: 99. [19-5042, 19-5043, 19-5044] (Woofter, Daniel) [Entered: 03/02/2019 02:06 PM] |
PER CURIAM ORDER [1775589] filed considering motion to expedite case [ # 1774980-2 ]. Setting briefing format (see order) and schedule: APPELLANTS' Briefs due 03/04/2019. APPENDIX due 03/04/2019. APPELLEES' Brief due on 03/13/2019. APPELLANTS' Reply Briefs due 03/15/2019. Scheduling oral argument on Friday, 03/22/2019. Before Judges: Henderson*, Srinivasan and Millett. (*A statement by Circuit Judge Henderson, dissenting from this order, is attached.) [19-5042, 19-5043, 19-5044] [Entered: 03/01/2019 01:42 PM]
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| REPLY [1775219] filed by Firearms Policy Coalition, Inc. and Firearms Policy Foundation, Florida Carry, Inc., Damien Guedes, Madison Society Foundation, Inc. and Shane Roden in 19-5042, 19-5043 to response [ # 1775047-2 ] [Service Date: 02/27/2019 by CM/ECF NDA] Length Certification: 96. [19-5042, 19-5043] (Woofter, Daniel) [Entered: 02/27/2019 04:21 PM] |
| MOTION [1774980] to expedite case, to expedite oral argument, to establish briefing schedule filed by Firearms Policy Coalition, Inc. and Firearms Policy Foundation, Florida Carry, Inc., Damien Guedes, Madison Society Foundation, Inc. and Shane Roden in 19-5042, 19-5043 (Service Date: 02/26/2019 by 3rd Party, CM/ECF NDA) Length Certification: 1,416 words. [19-5042, 19-5043] (Goldstein, Thomas) [Entered: 02/26/2019 03:27 PM] |
| ENTRY OF APPEARANCE [1774973] filed by Thomas C. Goldstein and co-counsel Daniel Woofter on behalf of Appellee Firearms Policy Coalition, Inc. in 19-5042, Appellant Firearms Policy Coalition, Inc. in 19-5043. [19-5042, 19-5043] (Goldstein, Thomas) [Entered: 02/26/2019 03:23 PM] |
| CLERK'S ORDER [1774914] filed consolidating cases 19-5043, 19-5044 (Consolidation started 02/26/2019) with 19-5042; directing party to file initial submissions: APPELLANT docketing statement due 03/28/2019. APPELLANT certificate as to parties due 03/28/2019. APPELLANT statement of issues due 03/28/2019. APPELLANT underlying decision due 03/28/2019. APPELLANT deferred appendix statement due 03/28/2019. APPELLANT notice of appearance due 03/28/2019. APPELLANT transcript status report due 03/28/2019. APPELLANT procedural motions due 03/28/2019. APPELLANT dispositive motions due 04/12/2019; directing party to file initial submissions: APPELLEE certificate as to parties due 03/28/2019. APPELLEE entry of appearance due 03/28/2019. APPELLEE procedural motions due 03/28/2019. APPELLEE dispositive motions due 04/12/2019 [19-5042, 19-5043, 19-5044] [Entered: 02/26/2019 12:31 PM] |
| ENTRY OF APPEARANCE [1774992] filed by Joshua Prince and co-counsel Adam Kraut on behalf of Appellants Firearms Policy Foundation, Florida Carry, Inc., Damien Guedes, Madison Society Foundation, Inc. and Shane Roden in 19-5042, Appellees Firearms Policy Foundation, Florida Carry, Inc., Damien Guedes, Madison Society Foundation, Inc. and Shane Roden in 19-5043. [19-5042, 19-5043] (Prince, Joshua) [Entered: 02/26/2019 03:56 PM] |
| NOTICE OF APPEAL [1774868] seeking review of a decision by the U.S. District Court in 1:18-cv-02988-DLF filed by Firearms Policy Foundation, Florida Carry, Inc., Damien Guedes, Madison Society Foundation, Inc. and Shane Roden. Appeal assigned USCA Case Number: 19-5042. [19-5042] [Entered: 02/26/2019 10:35 AM] |
| RESPONSE IN OPPOSITION [1775047] to motion to expedite case [ # 1774980-2 ], motion to expedite oral argument [ # 1774980-3 ], motion to establish briefing schedule [ # 1774980-4 ] filed by USA, Thomas E. Brandon, William P. Barr and ATF in 19-5042, 19-5043, William P. Barr and ATF in 19-5044 [Service Date: 02/26/2019 by CM/ECF NDA] Length Certification: 1,1019 words. [19-5042, 19-5043, 19-5044] (Wright, Abby) [Entered: 02/26/2019 08:55 PM] |
| US CIVIL CASE docketed. [19-5042] [Entered: 02/26/2019 10:34 AM] |
| NOTICE [1775048] to join motion to expedite case [ # 1774980-2 ] filed by Appellee and Appellants in 19-5042, Appellant and Appellees in 19-5043, motion to expedite oral argument [ # 1774980-3 ] filed by Appellee and Appellants in 19-5042, Appellant and Appellees in 19-5043, motion to establish briefing schedule [ # 1774980-4 ] filed by Appellee and Appellants in 19-5042, Appellant and Appellees in 19-5043 filed by David Codrea, Scott Heuman and Owen Monroe in 19-5044 [Service Date: 02/26/2019 ] [19-5044, 19-5042, 19-5043] (Stamboulieh, Stephen) [Entered: 02/26/2019 09:57 PM] |
| DOCKETING STATEMENT [1775037] filed by David Codrea, Scott Heuman and Owen Monroe in 19-5044 [Service Date: 02/26/2019 ] [19-5044, 19-5042, 19-5043] (Stamboulieh, Stephen) [Entered: 02/26/2019 05:27 PM] |
| ENTRY OF APPEARANCE [1775027] filed by Hashim M. Mooppan and co-counsel Abby C. Wright, Scott R. McIntosh on behalf of Appellees ATF, William P. Barr, Thomas E. Brandon and USA in 19-5042, 19-5043, Appellees ATF and William P. Barr in 19-5044. [19-5042, 19-5043, 19-5044] (Wright, Abby) [Entered: 02/26/2019 04:57 PM] |
| ENTRY OF APPEARANCE [1775014] filed by Stephen D. Stamboulieh on behalf of Appellants Scott Heuman, Owen Monroe and David Codrea in 19-5044. [19-5044, 19-5042, 19-5043] (Stamboulieh, Stephen) [Entered: 02/26/2019 04:39 PM] |
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