Neuberger et al v. Bushweller et al
| Bruce C. Smith and Bridgeville Kenpo Karate, Inc. doing business as BKK Firearms |
| Joshua Bushweller and Col. William Crotty |
| 1:2025cv01341 |
| November 3, 2025 |
| U.S. District Court for the District of Delaware |
| Maryellen Noreika |
| Constitutional - State Statute |
| 28 U.S.C. § 1651 Petition for Writ of Coram Nobis |
| None |
Docket Report
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| Filing 46 NOTICE of Docketing Record on Appeal from USCA for the Third Circuit re #40 Notice of Appeal (Third Circuit), filed by Bridgeville Kenpo Karate, Inc., Bridgeville Rifle and Pistol Club, Ltd., Bruce C. Smith, Delaware State Sportsmen's Association, Inc., Jerry L. Martin, Thomas S. Neuberger, William R. Hague, Jr.. USCA Case Number 25-3250. USCA Case Manager: Pamela (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF) (pb, ) |
Filing 45
ORAL ORDER re #44 Letter - Having considered Plaintiffs' 12/5/2025 letter seeking clarification of the Court's 11/25/2025 Oral Order (D.I. 42), IT IS HEREBY ORDERED that the Amended Complaint shall be filed fourteen (14) days after the United States Court of Appeals for the Third Circuit issues a final decision on the appeal of injunctive relief following merits briefing. Defendants retain the sixty (60) day deadline to answer, move, or otherwise respond once the Amended Complaint is filed. ORDERED by Judge Maryellen Noreika on 12/10/2025. (dlw)
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| Filing 44 Letter to The Honorable Maryellen Noreika from Keith Walter, Esquire regarding Guidance regarding the Court's November 25, 2025 Order - re 42 Order on Motion for Extension of Time to Amend,,. (Attachments: #1 Attachment - Third Circuit's December 1, 2025 Order)(Walter, Keith) |
| Pro Hac Vice Attorney Alexander MacMullan for Bruce C. Smith added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (jmn) |
| Filing 43 Official Transcript of Motion Hearing held on 11/13/2025 before Judge Maryellen Noreika. Court Reporter/Transcriber Dale C. Hawkins, Email: [email protected]. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 12/17/2025. Redacted Transcript Deadline set for 12/29/2025. Release of Transcript Restriction set for 2/24/2026. (dh) |
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Filing 42
ORAL ORDER GRANTING #41 Plaintiffs' Motion to Extend the Deadline to Amend the Complaint - IT IS HEREBY ORDERED that the motion is GRANTED. The Amended Complaint shall be filed fourteen (14) days after the United States Court of Appeals for the Third Circuit issues its final decision on Appellants' Emergency Motion for Expedited Injunctive Relief. IT IS FURTHER ORDERED that Defendants shall have sixty (60) days to answer, move, or otherwise respond to the Amended Complaint. ORDERED by Judge Maryellen Noreika on 11/25/2025. (dlw)
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| Filing 41 MOTION for Extension of Time to Amend Plaintiffs' Motion to Extend the Deadline to Amend the Complaint - filed by Bridgeville Kenpo Karate, Inc., Bridgeville Rifle and Pistol Club, Ltd., Delaware State Sportsmen's Association, Inc., William R. Hague, Jr, Jerry L. Martin, Thomas S. Neuberger, Bruce C. Smith. (Attachments: #1 Text of Proposed Order, #2 Statement of Compliance with Local Rule 7.1.1 Regarding Plaintiffs' Motion to Extend the Deadline to Amend the Complaint, #3 Certificate of Service)(Walter, Keith) Modified on 11/24/2025 (dlw). |
| CORRECTING ENTRY: D.I. 37 has been replaced on the docket. (dlw) |
| Filing 40 NOTICE OF APPEAL of #37 Order on Motion for Miscellaneous Relief, #38 Order . Appeal filed by Bridgeville Kenpo Karate, Inc., Bridgeville Rifle and Pistol Club, Ltd., Delaware State Sportsmen's Association, Inc., William R. Hague, Jr, Jerry L. Martin, Thomas S. Neuberger, Bruce C. Smith. (Neuberger, Stephen) |
| Filing 39 NOTICE of Appearance by Stephen J. Neuberger on behalf of All Plaintiffs (Neuberger, Stephen) |
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Filing 38
ORDER DENYING Motion for Expedited Injunctive Relief #3 . Signed by Judge Maryellen Noreika on 11/14/2025. (dlw)
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| Filing 37 MEMORANDUM OPINION denying #3 MOTION for Expedited Injunctive Relief. Signed by Judge Maryellen Noreika on 11/14/2025. (dlw) (Main Document 37 replaced on 11/17/2025) (dlw). |
| Filing 36 DECLARATION of Stevenson re #35 Letter, by Joshua Bushweller, William Crotty. (Attachments: #1 A - Training Certification, #2 B - Handgun Permit)(Aaronson, Jennifer-Kate) |
| Filing 35 Letter to The Honorable Judge Noreika from Jennifer Kate Aaronson regarding Defendants' Supplemental Letter to Brief in Opposition to Plaintiff's Motion for Expedited Relief - re #20 Answering Brief in Opposition,. (Aaronson, Jennifer-Kate) |
| Filing 34 Letter to The Honorable Maryellen Noreika from Francis G.X. Pileggi, Esquire regarding Replying to Court's request from November 13, 2025 - re Motion Hearing,. (Attachments: #1 Attachment to Letter)(Walter, Keith) |
| APPEAL - Credit Card Payment received re #40 Notice of Appeal (Third Circuit), filed by Bridgeville Kenpo Karate, Inc., Bridgeville Rifle and Pistol Club, Ltd., Bruce C. Smith, Delaware State Sportsmen's Association, Inc., Jerry L. Martin, Thomas S. Neuberger, William R. Hague, Jr.. ( Filing fee $605, receipt number ADEDC-4838454.) (Neuberger, Stephen) |
| Pro Hac Vice Attorney Jacob Johnston, Rebecca Kerr, Lauren Kaplin, Jennifer B. Loeb & Austin R. Evers for Joshua Bushweller & William Crotty added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (slk) |
| Minute Entry for proceedings held before Judge Maryellen Noreika - Motion Hearing held on 11/13/2025 re #3 Motion for Expedited Injunctive Relief. The parties shall submit the filings as ordered by NOON tomorrow; the motion is taken under consideration and a ruling will be issued in due course. (Court Reporter Dale Hawkins.) (mdb) |
| Filing 33 DECLARATION of Jerry L. Martin in Support of Plaintiffs' Motion for Expedited Injunctive Relief re #29 Reply Brief, by Bridgeville Kenpo Karate, Inc., Bridgeville Rifle and Pistol Club, Ltd., Delaware State Sportsmen's Association, Inc., William R. Hague, Jr, Jerry L. Martin, Thomas S. Neuberger, Bruce C. Smith. (Attachments: #1 Exhibit A)(Walter, Keith) |
| Filing 32 Second DECLARATION of Bruce C. Smith, Owner and Operator of Bridgeville Kenpo Karate, Inc. d/b/a BKK Firearms in Support of Plaintiffs' Motion for Expedited Injunctive Relief re #29 Reply Brief, by Bridgeville Kenpo Karate, Inc., Bridgeville Rifle and Pistol Club, Ltd., Delaware State Sportsmen's Association, Inc., William R. Hague, Jr, Jerry L. Martin, Thomas S. Neuberger, Bruce C. Smith. (Attachments: #1 Exhibit A)(Walter, Keith) |
| Filing 31 DECLARATION of Alexander D. MacMullan, Esquire in Support of Plaintiffs' Motion for Expedited Injunctive Relief re #29 Reply Brief, by Bridgeville Kenpo Karate, Inc., Bridgeville Rifle and Pistol Club, Ltd., Delaware State Sportsmen's Association, Inc., William R. Hague, Jr, Jerry L. Martin, Thomas S. Neuberger, Bruce C. Smith. (Attachments: #1 Exhibit A, #2 Exhibit B)(Walter, Keith) |
| Filing 30 Second DECLARATION of Thomas S. Neuberger in Support of Plaintiffs' Motion for Expedited Injunctive Relief re #29 Reply Brief, by Bridgeville Kenpo Karate, Inc., Bridgeville Rifle and Pistol Club, Ltd., Delaware State Sportsmen's Association, Inc., William R. Hague, Jr, Jerry L. Martin, Thomas S. Neuberger, Bruce C. Smith. (Attachments: #1 Exhibit A)(Walter, Keith) |
| Filing 29 REPLY BRIEF re #3 MOTION for Expedited Injunctive Relief filed by Bridgeville Kenpo Karate, Inc., Bridgeville Rifle and Pistol Club, Ltd., Delaware State Sportsmen's Association, Inc., William R. Hague, Jr, Jerry L. Martin, Thomas S. Neuberger, Bruce C. Smith. (Attachments: #1 Certificate of Service)(Walter, Keith) Modified on 11/12/2025 (dlw). |
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SO ORDERED re #27 MOTION for Pro Hac Vice Appearance of Attorney Alexander D. MacMullan filed by Bridgeville Kenpo Karate, Inc., Bridgeville Rifle and Pistol Club, Ltd., Bruce C. Smith, Delaware State Sportsmen's Association, Inc., Jerry L. Martin, Thomas S. Neuberger, William R. Hague, Jr. ORDERED by Judge Maryellen Noreika on 11/12/2025. (dlw)
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SO ORDERED re #25 MOTION for Pro Hac Vice Appearance of Rebecca Curwin Kerr, #22 MOTION for Pro Hac Vice Appearance of Jennifer B. Loeb, #21 MOTION for Pro Hac Vice Appearance of Austin R. Evers, #24 MOTION for Pro Hac Vice Appearance of Lauren Kaplin, #23 MOTION for Pro Hac Vice Appearance of Jacob Johnston filed by Joshua Bushweller, William Crotty. ORDERED by Judge Maryellen Noreika on 11/12/2025. (dlw)
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| Filing 28 Pro Hac Vice Fee - Credit Card Payment received for Alexander D. MacMullan. ( re #27 MOTION for Pro Hac Vice Appearance of Attorney Alexander D. MacMullan )( Payment of $ 50, receipt number ADEDC-4834631).(Walter, Keith) |
| Filing 27 MOTION for Pro Hac Vice Appearance of Attorney Alexander D. MacMullan - filed by Bridgeville Kenpo Karate, Inc., Bridgeville Rifle and Pistol Club, Ltd., Delaware State Sportsmen's Association, Inc., William R. Hague, Jr, Jerry L. Martin, Thomas S. Neuberger, Bruce C. Smith. (Walter, Keith) |
| Filing 26 Pro Hac Vice Fee - Credit Card Payment received for Jacob Johnson, Jennifer B. Loeb, Auston R. Evers, Lauren Kaplin, and Rebecca Curwin Kerr. ( re #25 MOTION for Pro Hac Vice Appearance of Attorney Rebecca Curwin Kerr, #22 MOTION for Pro Hac Vice Appearance of Attorney Jennifer B. Loeb, #21 MOTION for Pro Hac Vice Appearance of Attorney Austin R. Evers, #24 MOTION for Pro Hac Vice Appearance of Attorney Lauren Kaplin, #23 MOTION for Pro Hac Vice Appearance of Attorney Jacob Johnston )( Payment of $ 250, receipt number ADEDC-4834512).(Liston, Ian) |
| Filing 25 MOTION for Pro Hac Vice Appearance of Attorney Rebecca Curwin Kerr - filed by Joshua Bushweller, William Crotty. (Liston, Ian) |
| Filing 24 MOTION for Pro Hac Vice Appearance of Attorney Lauren Kaplin - filed by Joshua Bushweller, William Crotty. (Liston, Ian) |
| Filing 23 MOTION for Pro Hac Vice Appearance of Attorney Jacob Johnston - filed by Joshua Bushweller, William Crotty. (Liston, Ian) |
| Filing 22 MOTION for Pro Hac Vice Appearance of Attorney Jennifer B. Loeb - filed by Joshua Bushweller, William Crotty. (Liston, Ian) |
| Filing 21 MOTION for Pro Hac Vice Appearance of Attorney Austin R. Evers - filed by Joshua Bushweller, William Crotty. (Liston, Ian) |
| Filing 20 ANSWERING BRIEF in Opposition re #3 MOTION for Expedited Injunctive Relief filed by Joshua Bushweller, William Crotty.Reply Brief due date per Local Rules is 11/17/2025. (Attachments: #1 Declaration of Sgt. Jason L. Stevenson, #2 Exhibit Ex. A. to Stevenson Decl., #3 Exhibit Ex. B to Stevenson Decl.)(Liston, Ian) |
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Filing 19
ORAL ORDER re #18 Letter: IT IS HEREBY ORDERED that the requests for extensions of time are GRANTED-IN-PART and DENIED-IN-PART as follows: Defendants have until NOON on Monday, 11/10/2025, to file their answering brief, and the plaintiffs have until NOON on Wednesday, 11/12/2025, to file their reply brief. The date and time of the motion hearing remains unchanged. ORDERED by Judge Maryellen Noreika on 11/6/2025. (mdb)
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| Filing 18 Letter to The Honorable Maryellen Noreika from Jennifer Kate Aaronson regarding Plaintiffs' filings and Request for Extension of Deadline to Respond to Motion for Temporary Restraining Order from November 7 to November 10 - re #1 Complaint,, 16 Oral Order,,, #12 Letter, 13 Oral Order,,, Set Briefing Schedule,,, Set Hearings,, #4 Opening Brief in Support, #3 MOTION for Expedited Injunctive Relief. (Liston, Ian) |
| Filing 17 Summons Issued as to Joshua Bushweller on 11/5/2025; William Crotty on 11/5/2025. (Attachments: #1 Summons Issued)(mrr) |
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Filing 16
ORAL ORDER re 13 Oral Order - Having reviewed again the briefing in related case C.A. No. 24-590 (MN), IT IS HEREBY ORDERED that the Court's 11/4/2025 Oral Order in this case (D.I. 13) is amended as follows: Defendants need not repeat the arguments made in their briefing in C.A. No. 24-590 (MN); rather, Defendants' response should include, to the extent they have a response, argument as to the challenged law's consistency with the principles that underpin the nation's regulatory tradition, as set forth by Bruen and Rahimi. In addition, Defendants shall address Plaintiffs' allegations regarding the absence of an appropriate infrastructure to implement the challenged law as of 11/16/2025. ORDERED by Judge Maryellen Noreika on 11/5/2025. (dlw)
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| Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (alb) |
| Filing 15 NOTICE of Appearance by Jennifer-Kate M. Aaronson on behalf of All Defendants (Aaronson, Jennifer-Kate) |
| Filing 14 NOTICE of Appearance by Ian Robert Liston on behalf of All Defendants (Liston, Ian) |
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Filing 13
ORAL ORDER re #3 Motion for Expedited Injunctive Relief: IT IS HEREBY ORDERED that a hearing on the plaintiffs' motion is set for 11/13/2025 at 02:00 PM in Courtroom 4A before Judge Maryellen Noreika. The defendants shall file a response to the motion by Friday, 11/7/2025, and the plaintiffs shall file a reply by NOON on Monday, 11/10/2025. IT IS FURTHER ORDERED that the plaintiffs shall serve a copy of this Oral Order on the defendants promptly. ORDERED by Judge Maryellen Noreika on 11/4/2025. (mdb)
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| Filing 12 Letter to Judge Noreika from Francis G.X. Pileggi regarding Two Related Cases. (Pileggi, Francis) |
| Filing 11 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Bridgeville Kenpo Karate, Inc.. (Pileggi, Francis) |
| Filing 10 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Bridgeville Rifle and Pistol Club, Ltd.. (Pileggi, Francis) |
| Filing 9 Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate National Rifle Association for Delaware State Sportsmen's Association, Inc. filed by Delaware State Sportsmen's Association, Inc.. (Pileggi, Francis) |
| Remark: Exit Electronic Copies to Duty Judge (MN). (jfm) |
| Filing 8 DECLARATION of Bruce C. Smith in Support of #3 MOTION for Expedited Injunctive Relief - filed by Bridgeville Kenpo Karate, Inc., Bridgeville Rifle and Pistol Club, Ltd., Delaware State Sportsmen's Association, Inc., William R. Hague, Jr, Jerry L. Martin, Thomas S. Neuberger, Bruce C. Smith. (jfm) |
| Filing 7 DECLARATION of Jeffrey W. Hague in Support of #3 MOTION for Expedited Injunctive Relief - filed by Bridgeville Kenpo Karate, Inc., Bridgeville Rifle and Pistol Club, Ltd., Delaware State Sportsmen's Association, Inc., William R. Hague, Jr, Jerry L. Martin, Thomas S. Neuberger, Bruce C. Smith. (jfm) |
| Filing 6 DECLARATION of Thomas S. Neuberger in Support of #3 MOTION for Expedited Injunctive Relief - filed by Bridgeville Kenpo Karate, Inc., Bridgeville Rifle and Pistol Club, Ltd., Delaware State Sportsmen's Association, Inc., William R. Hague, Jr, Jerry L. Martin, Thomas S. Neuberger, Bruce C. Smith. (jfm) |
| Filing 5 DECLARATION of Keith A. Walter, Jr. in Support of #3 MOTION for Expedited Injunctive Relief - filed by Bridgeville Kenpo Karate, Inc., Bridgeville Rifle and Pistol Club, Ltd., Delaware State Sportsmen's Association, Inc., William R. Hague, Jr, Jerry L. Martin, Thomas S. Neuberger, Bruce C. Smith. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(jfm) |
| Filing 4 OPENING BRIEF in Support of #3 MOTION for Expedited Injunctive Relief - filed by Bridgeville Kenpo Karate, Inc., Bridgeville Rifle and Pistol Club, Ltd., Delaware State Sportsmen's Association, Inc., William R. Hague, Jr, Jerry L. Martin, Thomas S. Neuberger, Bruce C. Smith. Answering Brief/Response due date per Local Rules is 11/17/2025. (jfm) |
| Filing 3 MOTION for Expedited Injunctive Relief - filed by Bridgeville Kenpo Karate, Inc., Bridgeville Rifle and Pistol Club, Ltd., Delaware State Sportsmen's Association, Inc., William R. Hague, Jr, Jerry L. Martin, Thomas S. Neuberger, Bruce C. Smith. (Attachments: #1 Letter, #2 Proposed Order)(jfm) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (jfm) |
| Filing 1 COMPLAINT for Declaratory and Injunctive Relief against Joshua Bushweller, William Crotty (Filing fee $ 405, receipt number ADEDC-4828380) - filed by William R. Hague, Jr, Delaware State Sportsmen's Association, Inc., Bridgeville Rifle and Pistol Club, Ltd., Jerry L. Martin, Thomas S. Neuberger, Bridgeville Kenpo Karate, Inc., Bruce C. Smith. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Civil Cover Sheet)(jfm) |
| DEFICIENCY NOTICE issued by the Court to Plaintiff: Pursuant to Fed. R. Civ. P. 7.1 (b)(1), A party must: (1) file the disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. Counsel is requested to supplement the docket with an appropriate Rule 7.1 Disclosure Statement. (jfm) |
| No Summons Issued. (jfm) |
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