Kull Auction & Real Estate Co., Inc. v. Miller
| Kull Auction & Real Estate Co., Inc. |
| William Miller |
| 5:2023cv04117 |
| December 21, 2023 |
| US District Court for the District of Kansas |
| Toby Crouse |
| Julie A Robinson |
| Brooks G Severson |
| Forfeit/Penalty: Other |
| None |
Docket Report
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This docket was last retrieved on February 14, 2024. A more recent docket listing may be available from PACER.
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Filing 28
INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for 3/21/2024 at 10:00 AM by Telephone (BGS - CONFERENCE LINE 1-888-363-4749; ACCESS CODE 5407703) before Magistrate Judge Brooks G. Severson. Rule 26 Planning Conference Deadline 2/29/2024. Rule 26 Initial Disclosures Deadline set for 3/11/2024. Proposed Scheduling Order Deadline 3/11/2024. Signed by Magistrate Judge Brooks G. Severson on 2/14/2024. (jal)
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| Filing 29 MINUTE ENTRY for proceedings held before Magistrate Judge Brooks G. Severson: STATUS CONFERENCE held on 2/7/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (df) |
| Filing 27 NOTICE OF TELEPHONE STATUS CONFERENCE: (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Status Conference set for 2/7/2024 at 11:00 AM by telephone (BGS - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 5407703) before Magistrate Judge Brooks G. Severson. (df) |
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Filing 26
MEMORANDUM AND ORDER following previous order (DE #25 ): #5 MOTION for Temporary Restraining Order or Preliminary Injunction is denied. Signed by District Judge Toby Crouse on 1/22/24. (msb)
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Filing 25
ORDER denying #5 Motion for TRO; denying #5 Motion for Preliminary Injunction. A Memorandum and Order that more fully explains he reasoning will follow. Signed by District Judge Toby Crouse on 1/10/24. (msb)
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| Filing 24 INDEX OF EXHIBITS by Petitioner Kull Auction & Real Estate Co., Inc. re #5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction (Drumright, Greg) |
| Filing 23 REPLY TO RESPONSE TO MOTION by Petitioner Kull Auction & Real Estate Co., Inc. re: #5 Motion for TRO, Motion for Preliminary Injunction (Attachments: #1 Exhibit 3)(Drumright, Greg) |
| Filing 22 NOTICE OF SERVICE by Kull Auction & Real Estate Co., Inc. of Pleading Docs 1-14 to Dept of Justice - USAO for District of Kansas (Drumright, Greg) |
| Filing 21 NOTICE OF SERVICE by Kull Auction & Real Estate Co., Inc. of Pleading Docs 1-14 to U.S. Attorney General at Washington, D.C. (Drumright, Greg) |
| Filing 20 CERTIFICATE OF SERVICE of Summons and pleading Docs 1-14 to Respondent, William Miller by Kull Auction & Real Estate Co., Inc. (Drumright, Greg) |
| Filing 19 ENTRY OF APPEARANCE by Audrey D. Koehler on behalf of William Miller. (Koehler, Audrey) |
| Filing 18 ENTRY OF APPEARANCE by Sarah Burch Macke on behalf of William Miller. (Macke, Sarah) |
| Filing 17 INDEX OF EXHIBITS by Respondent William Miller re #5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction (Koehler, Audrey) |
| Filing 16 RESPONSE by Respondent William Miller re #5 Motion for TRO, Motion for Preliminary Injunction (Attachments: #1 Exhibit 1 - Licensee's Acknowledgements of Federal Firearms Regulations, #2 Exhibit 2 - Excerpts of Transcript of Administrative Hearing, #3 Exhibit 3 - 2007 Warning Letter, #4 Exhibit 4 - 2011 Warning Letter, #5 Exhibit 5 - 2023 Report of Violations, #6 Exhibit 6 - Williams Mullen Letter, #7 Exhibit 7 - ATF Form 4473, #8 Exhibit 8 - ATF Form 3310.4, #9 Exhibit 9 - Open Letter to All Kansas Federal Firearms Licencees, #10 Exhibit 10 - Ruff v. ATF - Order)(Koehler, Audrey) |
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Filing 15
ORDER. At the December 27, 2023 telephone conference, the parties discussed a briefing schedule and the possibility of an in-person hearing on the motion. Doc. #14 . Counsel for Plaintiff emailed Chambers on December 28, 2023 to confirm that, upon conferring with their client, they do not wish to have an in-person hearing. The motion, Doc. #5 , will be decided on the papers submitted. The Government's response brief is due on January 4, 2024 and Plaintiff's reply, if any, is due on or before January 8, 2024. Signed by District Judge Toby Crouse on 12/28/23. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ta)
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| Filing 14 MINUTE ENTRY for proceedings held before District Judge Toby Crouse: TELEPHONE CONFERENCE held on 12/27/2023. The Court sets a deadline of January 4, 2024 for the Government to file a response. The Petitioner's reply will be due by January 8, 2024. In the event a hearing is needed, parties are to contact the Court by email at: ksd_crouse_chambers@ksd.uscourts.gov to request a hearing which will be set for January 9, 2024 in Kansas City, Kansas. (Court Reporter Kelli Stewart.) (ta) |
| SUMMONS ISSUED as to William Miller. (issued to Attorney for service) Notice, Consent, and Reference of a Civil Action to a Magistrate Judge Form provided to counsel for service with complaint. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (nac) |
| Filing 13 NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING. A Telephone Conference is set for 12/27/2023 at 01:30 PM by Telephone TC - CONFERENCE LINE 1-877-402-9753 ACCESS CODE 6722344 before District Judge Toby Crouse. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ta) |
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Filing 12
ORDER regarding #5 Motion for Temporary Restraining Order and Motion for Preliminary Injunction. Following prior interactions with ATF officials and counsel, Plaintiff filed suit seeking a hearing--to occur before January 12, 2024--on its motion for temporary restraining order against an ATF decision that will revoke Plaintiff's license to sell firearms. See generally Docs. 1 & 5. Counsel for Plaintiff is directed to contact counsel for Defendants prior to December 27, 2023 and communicate with chambers by email at: ksd_crouse_chambers@ksd.uscourts.gov concerning a telephone hearing that will occur on December 27. The telephone hearing will be focused on identifying the pertinent issues and scheduling matters related to Plaintiff's request for a temporary restraining order. Signed by District Judge Toby Crouse on 12/22/23. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ta)
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Filing 11
ORDER REASSIGNING CASE: Case reassigned to District Judge Toby Crouse for all further proceedings. District Judge Julie A. Robinson no longer assigned to case. Signed by District Judge Julie A. Robinson on 12/22/23. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ss)
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Filing 10
ORDER granting #8 Motion to Appear Pro Hac Vice of Camden R. Webb for Kull Auction & Real Estate Co., Inc. pursuant to D. Kan. Rule 83.5.4 for purposes of this case only; granting #9 Motion to Appear Pro Hac Vice of John G. Tamasitis for Kull Auction & Real Estate Co., Inc. pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Brooks G. Severson on 12/22/23. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (df)
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| MOTION REFERRAL to Magistrate Judge REMOVED as to: #5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction. The motion will be resolved by the District Judge. (df) |
| Filing 9 MOTION for attorney John Tamasitis to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6233167.) by Petitioner Kull Auction & Real Estate Co., Inc. (referred to Magistrate Judge Brooks G. Severson) (Attachments: #1 Exhibit A, #2 Exhibit B)(Drumright, Greg) |
| Filing 8 MOTION for attorney Camden Webb to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6233162.) by Petitioner Kull Auction & Real Estate Co., Inc. (referred to Magistrate Judge Brooks G. Severson) (Attachments: #1 Exhibit A, #2 Exhibit B)(Drumright, Greg) |
| Filing 7 INDEX OF EXHIBITS by Petitioner Kull Auction & Real Estate Co., Inc. re #5 MOTION for Temporary Restraining Order (Drumright, Greg) |
| Filing 6 MEMORANDUM IN SUPPORT of #5 MOTION for Temporary Restraining Order by Petitioner Kull Auction & Real Estate Co., Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Drumright, Greg) |
| Filing 5 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction by Petitioner Kull Auction & Real Estate Co., Inc. (Drumright, Greg). Added Motion for preliminary injunction on 12/22/2023 (msb). |
| Filing 4 DESIGNATION OF PLACE OF TRIAL filed by Petitioner Kull Auction & Real Estate Co., Inc. - trial to be held in Topeka. (Drumright, Greg) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by Kull Auction & Real Estate Co., Inc. identifying None as corporate parent . (Drumright, Greg) |
| Filing 2 CIVIL COVER SHEET by Petitioner Kull Auction & Real Estate Co., Inc.. (Drumright, Greg) |
| Filing 1 COMPLAINT with trial location of Topeka ( Filing fee $405, Internet Payment Receipt Number AKSDC-6233056.), filed by Kull Auction & Real Estate Co., Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Drumright, Greg) |
| NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Julie A. Robinson and Magistrate Judge Brooks G. Severson for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) NOTICE OF MAGISTRATE JUDGE AVAILABILITY: A United States magistrate judge is available to conduct all proceedings in this civil action if all parties voluntarily consent. Information & consent forms are available at http://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civil-action-magistrate-judge (nac) |
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