CODREA et al v. WHITAKER et al
| SCOTT HEUMAN, OWEN MONROE and DAVID CODREA |
| BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, MATTHEW WHITAKER, WILLIAM BARR and WILLIAM P. BARR |
| 1:2018cv03086 |
| December 27, 2018 |
| US District Court for the District of Columbia |
| Rudolph Contreras |
| Dabney L Friedrich |
| Administrative Procedure Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 551 |
| None |
Docket Report
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This docket was last retrieved on February 19, 2021. A more recent docket listing may be available from PACER.
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| Filing 36 ADMINISTRATIVE RECORD (Index and Certification) by WILLIAM P. BARR, BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES. (Soskin, Eric) |
| Filing 35 AMENDED COMPLAINT against BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, MATTHEW WHITAKER filed by OWEN MONROE, DAVID CODREA, SCOTT HEUMAN.(Stamboulieh, Stephen) |
| Set/Reset Deadlines: Cross Motions due by 6/26/2020. Response to Cross Motions due by 7/24/2020. Reply to Cross Motions due by 8/21/2020. Summary Judgment motions due by 5/28/2020. Response to Motion for Summary Judgment due by 6/26/2020. Reply to Motion for Summary Judgment due by 7/24/2020. (zjch) |
| Filing 34 Joint STATUS REPORT by DAVID CODREA, SCOTT HEUMAN, OWEN MONROE. (See Docket Entry #33 to view document) (eg) |
| ENTERED IN ERROR.....Set/Reset Deadlines: Amended Complaint due by 3/31/2020. Administrative Record due by 4/7/2020. Cross Motions due by 6/26/2020. Response to Cross Motions due by 8/21/2020. Responses due by 5/28/2020. Summary Judgment motions due by 5/28/2020. Response to Motion for Summary Judgment due by 6/26/2020. Reply to Motion for Summary Judgment due by 8/21/2020. (zjch) Modified Text. Duplicate entry on 3/20/2020 (zjch, ). |
| Set/Reset Deadlines: Amended Complaint due by 3/31/2020. Administrative Record due by 4/7/2020. Answer due by 5/28/2020, Cross Motions due by 6/26/2020. Response to Cross Motions due by 8/21/2020. Summary Judgment motions due by 5/28/2020. Response to Motion for Summary Judgment due by 6/26/2020. Reply to Motion for Summary Judgment due by 8/21/2020. (zjch) |
| Filing 33 PROPOSED BRIEFING SCHEDULE by DAVID CODREA, SCOTT HEUMAN, OWEN MONROE. (Stamboulieh, Stephen) |
MINUTE ORDER. Upon consideration of the parties' #33 Joint Status Report, it is ORDERED that the following schedule shall govern further proceedings: (1) the plaintiffs shall file their amended complaint on or before March 31, 2020; (2) pursuant to LCvR 7(n), the defendants shall file a certified list of the contents of the administrative record, and provide a copy of the administrative record to the plaintiffs, on or before April 7, 2020; (3) the defendants shall file their answer in response to the plaintiffs' amended complaint, along with their motion for summary judgment, on or before May 28, 2020; (4) the plaintiffs shall file their cross-motion for summary judgment, along with their opposition to the defendants' motion for summary judgment, on or before June 26, 2020; (5) the defendants shall file their opposition to the plaintiffs' cross-motion, along with their reply in support of summary judgment, on or before July 24, 2020; and (6) the plaintiffs shall file their reply in support of summary judgment on or before August 21, 2020. So Ordered by Judge Dabney L. Friedrich on March 19, 2020. (lcdlf2)
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| Set/Reset Deadlines: Status Report due by 3/19/2020 (zjch) |
| Filing 32 Unopposed MOTION for Extension of Time to File Proposed Briefing Schedule by DAVID CODREA, SCOTT HEUMAN, OWEN MONROE (Attachments: #1 Exhibit Motion for Extension and Proposed Order in Guedes)(Stamboulieh, Stephen) |
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MINUTE ORDER. Upon consideration of the parties' 56 Joint Motion for Extension of Time, it is ORDERED that the motion is GRANTED. Accordingly, the parties shall file a report proposing a schedule for further proceedings on or before March 19, 2020. So Ordered by Judge Dabney L. Friedrich on March 10, 2020. (lcdlf2)
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| Filing 31 Joint MOTION for Extension of Time to Extend Deadline re July 4, 2019 Minute Order by DAVID CODREA, SCOTT HEUMAN, OWEN MONROE (Attachments: #1 Text of Proposed Order)(Stamboulieh, Stephen) |
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MINUTE ORDER. Upon consideration of the parties' 55 Joint Motion for Extension of Time, it is ORDERED that the motion is GRANTED. Accordingly, the Court shall file a report proposing a schedule for further proceedings on or before March 12, 2020. So Ordered by Judge Dabney L. Friedrich on March 3, 2020. (lcdlf2)
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| Filing 30 STATUS REPORT by DAVID CODREA, SCOTT HEUMAN, OWEN MONROE. (Stamboulieh, Stephen) |
| Filing 29 Joint STATUS REPORT by DAVID CODREA, SCOTT HEUMAN, OWEN MONROE. (Stamboulieh, Stephen) |
| Set/Reset Deadlines: Status Report due by 5/10/2019 (tj) |
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MINUTE ORDER directing the parties to file a joint status report on or before May 10, 2019 on the status of the appellate proceedings in this case and in Guedes v. Whitaker, No. 18-cv-2988. Signed by Judge Dabney L. Friedrich on May 7, 2019. (lcdlf2)
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MINUTE ORDER. Upon consideration of the parties' #28 Joint Status Update, it is ORDERED that the parties shall file another joint status report proposing a schedule for further proceedings within three days of the conclusion of any subsequent proceedings on appeal or certiorari, whichever is later. Signed by Judge Dabney L. Friedrich on April 4, 2019. (lcdlf2)
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| Filing 28 Joint STATUS REPORT by DAVID CODREA, SCOTT HEUMAN, OWEN MONROE. (Stamboulieh, Stephen) |
| Filing 27 MANDATE of USCA as to (29 in 1:18-cv-02988-DLF) Notice of Appeal to DC Circuit Court, filed by FIREARMS POLICY COALITION, INC., (28 in 1:18-cv-02988-DLF) Notice of Appeal to DC Circuit Court, filed by MADISON SOCIETY FOUNDATION, INC., FLORIDA CARRY, INC., SHANE RODEN, FIREARMS POLICY FOUNDATION, DAMIEN GUEDES, (23 in 1:18-cv-03086-DLF) Notice of Appeal to DC Circuit Court, filed by SCOTT HEUMAN, OWEN MONROE, DAVID CODREA ; USCA Case Number 19-5042 Consolidated with 19-5043, 19-5044. (Attachments: #1 USCA Order)(zrdj) |
| Filing 26 PROPOSED BRIEFING SCHEDULE (Proposed Schedule Pursuant to Feb. 25, 2019 Minute Order) by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, MATTHEW WHITAKER. (Soskin, Eric) Modified event title on 3/19/2019 (znmw). |
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MINUTE ORDER. Upon consideration of the parties' #26 Joint Status Report, it is ORDERED that the parties shall file a joint status report within three days of a decision by the D.C. Circuit Court of Appeals in the related appeal. The status report shall propose a schedule for further proceedings. Signed by Judge Dabney L. Friedrich on March 18, 2019. (lcdlf2)
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| Filing 25 TRANSCRIPT OF PRELIMINARY INJUNCTION MOTION HEARING, before Judge Dabney L. Friedrich, held on 02/19/2019. Page Numbers: 1-61. Date of Issuance: 03/08/2019. Court Reporter: Sara Wick, telephone number 202-354-3284. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court rep orter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 3/29/2019. Redacted Transcript Deadline set for 4/8/2019. Release of Transcript Restriction set for 6/6/2019.(Wick, Sara) |
| USCA Case Number 19-5044 for #23 Notice of Appeal to DC Circuit Court, filed by SCOTT HEUMAN, OWEN MONROE, DAVID CODREA. (zrdj) |
| Filing 24 Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re #23 Notice of Appeal to DC Circuit Court. (tth) |
| Filing 23 NOTICE OF APPEAL TO DC CIRCUIT COURT as to #22 Order, #21 Order on Motion for Preliminary Injunction by DAVID CODREA, SCOTT HEUMAN, OWEN MONROE. Filing fee $ 505, receipt number 0090-5965962. Fee Status: Fee Paid. Parties have been notified. (Stamboulieh, Stephen) |
| Filing 22 MEMORANDUM OPINION regarding the plaintiffs' motion for a preliminary injunction. See text for details. Signed by Judge Dabney L. Friedrich on February 25, 2019. (lcdlf2) Modified document type on 2/26/2019 (zcdw). |
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Filing 21
ORDER denying the plaintiffs' motion for a preliminary injunction. See text for details. Signed by Judge Dabney L. Friedrich on February 25, 2019. (lcdlf2)
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MINUTE ORDER directing the parties to propose a schedule for further proceedings on or before March 18, 2019. Signed by Judge Dabney L. Friedrich on February 25, 2019. (lcdlf2)
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| Minute Entry for proceedings held before Judge Dabney L. Friedrich: Hearing held on 2/19/2019 re #5 Motion for Preliminary Injunction. Motion heard and taken under advisement. (Court Reporter: Sara Wick) (zcdw) |
| Filing 20 Joint STATUS REPORT by DAVID CODREA, SCOTT HEUMAN, OWEN MONROE. (Stamboulieh, Stephen) |
| Filing 19 NOTICE of Appearance by Matthew J. Glover on behalf of All Defendants (Glover, Matthew) |
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MINUTE ORDER. The parties shall file a joint status report by 3:00 p.m. tomorrow, February 15, 2019, that briefly addresses whether the confirmation of William P. Barr as Attorney General affects the pending motions in this case. Signed by Judge Dabney L. Friedrich on February 14, 2019. (lcdlf2)
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| Set/Reset Deadlines/Hearings: Hearing on #5 Motion for Preliminary Injunction set for 2/19/2019 at 3:00 PM in Courtroom 12 before Judge Dabney L. Friedrich. (zcdw) |
| Filing 18 REPLY to opposition to motion re #5 MOTION for Preliminary Injunction filed by DAVID CODREA, SCOTT HEUMAN, OWEN MONROE. (Stamboulieh, Stephen) |
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MINUTE ORDER scheduling a hearing on the plaintiffs' #5 Motion for Preliminary Injunction at 3:00 p.m. on February 19, 2019. Consistent with the plaintiffs' "Statement Regarding Oral Argument" in their #18 Reply, the parties shall not present any argument on the claims regarding Acting Attorney General Whitaker's appointment. Signed by Judge Dabney L. Friedrich on February 8, 2019. (lcdlf2)
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| Filing 17 AMENDED COMPLAINT against BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, MATTHEW WHITAKER filed by OWEN MONROE, DAVID CODREA, SCOTT HEUMAN. (Attachments: #1 Exhibit ATF PowerPoint Slide)(Stamboulieh, Stephen) |
| Filing 16 Memorandum in opposition to re #5 MOTION for Preliminary Injunction filed by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, MATTHEW WHITAKER. (Attachments: #1 Exhibit 1 (Report of Len Savage / Historic Arms LLC), #2 Exhibit 2 (2018 OLC Opinion))(Soskin, Eric) |
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MINUTE ORDER. The parties have informed the Court that they are unavailable before February 19, 2019 for a hearing on the plaintiff's #5 Motion for Preliminary Injunction. Once the motion is fully briefed on February 8, 2019, the Court will determine whether a hearing is necessary, and if so, the Court will contact the parties to schedule a hearing on February 19, 2019 or February 20, 2019. Signed by Judge Dabney L. Friedrich on February 1, 2019. (lcdlf2)
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Filing 15
ORDER transferring this case to the Calendar and Case Managment Committee for Reassignment to Judge Dabney L. Friedrich as a case related to Guedes v. ATF, No. 18-cv-2988. See document for details. Signed by Judge Rudolph Contreras on January 30, 2019. (lcrc3)
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| Filing 14 Case directly reassigned to Judge Dabney L. Friedrich as related. Judge Rudolph Contreras is no longer assigned to the case. (ztnr) |
| Filing 13 Joint STATUS REPORT (Pursuant to the Court's Jan. 22 Minute Order regarding LCvR 40.5) by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, MATTHEW WHITAKER. (Soskin, Eric) |
| Filing 12 NOTICE to the Court of Restoration of Appropriations by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, MATTHEW WHITAKER (Soskin, Eric) |
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MINUTE ORDER: Upon consideration of #12 Defendants' Notice of Restoration of Appropriations, it is hereby ORDERED that #6 Defendants' Motion to Stay is denied as moot. SO ORDERED. Signed by Judge Rudolph Contreras on January 29, 2019. (lcrc3)
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| Filing 11 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/22/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES served on 1/22/2019; MATTHEW WHITAKER served on 1/22/2019 (Attachments: #1 Exhibit USPS proof on AG, #2 Summons Summons on ATF, #3 Exhibit USPS proof on ATF)(Stamboulieh, Stephen) (Main Document 11 replaced on 1/28/2019) (ztth). |
| Filing 10 Joint MOTION for Briefing Schedule for Plaintiffs' Motion for Preliminary Injunction, ECF No. 5 by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, MATTHEW WHITAKER (Attachments: #1 Text of Proposed Order)(Soskin, Eric) |
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MINUTE ORDER granting #10 the parties' Joint Motion to Set Briefing Schedule. It is hereby ORDERED that Defendants' Opposition to Plaintiffs' Motion for Preliminary Injunction shall be filed on or before February 1, 2019, and Plaintiffs' Reply in Support of the Motion for Preliminary Injunction shall be filed on or before February 8, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on January 23, 2019. (lcrc3)
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| Filing 9 REPLY to opposition to motion re #6 MOTION to Stay Proceedings in Light of Lapse of Appropriations filed by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, MATTHEW WHITAKER. (Attachments: #1 Exhibit 1 - Jan. 2, 2019 Order in Case No. 1-18-cv-01429 (W.D. Mich.))(Soskin, Eric) |
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MINUTE ORDER: It is hereby ORDERED that on or before January 29, 2019, the parties shall meet, confer, and submit a joint status report indicating the parties' respective positions on whether this matter is related, within the meaning of Local Civil Rule 40.5, to Guedes v. ATF, No. 18-cv-2988. SO ORDERED. Signed by Judge Rudolph Contreras on January 22, 2019. (lcrc3)
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| Filing 8 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/17/2019. Answer due for ALL FEDERAL DEFENDANTS by 3/18/2019. (Attachments: #1 Exhibit USPS Signature Delivery Confirmation)(Stamboulieh, Stephen) |
| Filing 7 RESPONSE re #6 MOTION to Stay Proceedings in Light of Lapse of Appropriations filed by DAVID CODREA, SCOTT HEUMAN, OWEN MONROE. (Stamboulieh, Stephen) |
| Filing 6 MOTION to Stay Proceedings in Light of Lapse of Appropriations by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, MATTHEW WHITAKER (Attachments: #1 Text of Proposed Order)(Soskin, Eric) |
| Filing 5 MOTION for Preliminary Injunction by DAVID CODREA, SCOTT HEUMAN, OWEN MONROE (Attachments: #1 Memorandum in Support Memorandum in Support, #2 Text of Proposed Order Proposed Order)(Stamboulieh, Stephen) |
| Filing 4 NOTICE of Appearance by Stephen D. Stamboulieh on behalf of All Plaintiffs (Stamboulieh, Stephen) |
| Filing 3 SUMMONS (3) Issued Electronically as to BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, MATTHEW WHITAKER, U.S. Attorney and U.S. Attorney General (Attachments: #1 Notice and Consent)(zef, ) |
| Filing 2 CIVIL COVER SHEET by DAVID CODREA filed by DAVID CODREA.(Beck, Alan) (Main Document 2 replaced on 12/28/2018) (zef, ). |
| Case Assigned to Judge Rudolph Contreras. (zef, ) |
| Filing 1 COMPLAINT against All Plaintiffs ( Filing fee $ 400 receipt number 0090-5858421) filed by DAVID CODREA. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Civil Cover Sheet, #5 Exhibit)(Beck, Alan) |
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