Gun Owners of America, Inc. et al v. Barr et al
| Tim Harmsen, Rachel Malone, Jacob Lilley, Matt Watkins, Gun Owners Foundation, Gun Owners of America, Inc. and Virginia Citizens Defense League |
| Thomas E. Brandon, Bureau of Alcohol, Tobacco, Firearms and Explosives, United States Department of Justice, United States Attorney General, U.S. Department of Justice, Matthew Whitaker and William P. Barr |
| Gun Owners of California, Inc. |
| 1:2018cv01429 |
| December 26, 2018 |
| US District Court for the Western District of Michigan |
| Ray Kent |
| Paul L Maloney |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 |
| None |
Docket Report
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Filing 57
ORDER of USCA (certified copy) re appeal #49 GRANTING motion to amend Sixth Circuit case caption designating Gun Owners of America as a movant only. (mg)
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| Filing 56 APPEAL TRANSCRIPT of the Hearing on Plaintiffs' Motion for Preliminary Injunction held March 6, 2019, before the Honorable Paul L. Maloney; re appeal #49 ; NOTE: this transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the release of transcript restriction date; after that date it may be obtained through PACER; under the #Policy Regarding Transcripts the parties have 14 days within which to file a Notice of Intent to redact, and 21 days within which to file a Redaction Request; if no Transcript Redaction Request is filed, the court will assume redaction of personal identifiers is not necessary and this transcript will be made available via PACER after the release of transcript restriction set for 8/12/2019 ; redaction request due 6/3/2019 (Court Reporter-Transcriptionist: K. Thomas, (269) 385-3050) |
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Filing 55
ORDER granting #54 motion to stay; the parties are to file a joint status report no later than 2 weeks after resolution of the appeal; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) Modified text on 5/7/2019 (acr).
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| Filing 54 FIRST MOTION to stay Proceedings Pending Appeal and Supporting Memorandum by plaintiffs Gun Owners Foundation, Gun Owners of America, Inc., Tim Harmsen, Rachel Malone, Virginia Citizens Defense League, Matt Watkins, movant Gun Owners of California, Inc.; (Morgan, Kerry) |
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Filing 53
ORDER setting Rule 16 scheduling conference: Rule 16 scheduling conference is set for 5/10/2019 at 11:00 AM at 174 Federal Building, Kalamazoo, MI before District Judge Paul L. Maloney; status report due by 5/7/2019; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
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Filing 52
ORDER of USCA (certified copy) re appeal #49 DENYING motion for stay of appeal (mg)
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| Filing 51 LETTER FROM CCA regarding petition for writ of mandamus filed with CCA (re #46 19-1268) ORDER filed; the petition for a writ of mandamus is DISMISSED as moot; a stay pending appeal is DENIED, without prejudice to the plaintiffs' right to move for a stay in an appeal from the denial of a preliminary injunction. (mg) |
| Filing 50 LETTER FROM CCA regarding appeal #49 indicating case #19-1298 and regarding deadlines. (mg) |
| Filing 49 NOTICE OF APPEAL re #48 by plaintiffs Gun Owners Foundation, Gun Owners of America, Inc., Tim Harmsen, Rachel Malone, Virginia Citizens Defense League, Matt Watkins, movant Gun Owners of California, Inc. [Attorney Robert Jeffrey Olson added to party Gun Owners of California, Inc.(pty:mov)] (Olson, Robert) |
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Filing 48
OPINION AND ORDER denying #9 motion for preliminary injunction; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc)
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| Filing 47 LETTER FROM CCA regarding petition for writ of mandamus filed with CCA with copy of order GRANTING motion for leave to file Reply in Support of Petition for Writ of Mandamus and Motion for Stay of Agency Action. (mg) |
| Filing 46 LETTER FROM CCA regarding petition for writ of mandamus filed with CCA indicating case #19-1268 (with copy of petition for writ of mandamus) (mg) Modified text on 3/20/2019 (mg). |
| Filing 45 Defendants' ANSWER to complaint,,, #1 with affirmative defenses by Thomas E. Brandon, Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Department of Justice, Matthew Whitaker (Soskin, Eric) |
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Filing 44
ORDER Substituting Defendant; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc)
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| Filing 43 MINUTES of motion hearing re #9 MOTION for preliminary injunction filed by Gun Owners Foundation, Rachel Malone, Tim Harmsen, Matt Watkins, Gun Owners of America, Inc.; motion taken under advisement, opinion and order to issue; held before District Judge Paul L. Maloney (Court Reporter: Kathleen Thomas) (Judge Paul L. Maloney, acr) |
| (NON-DOCUMENT) ATTORNEY APPEARANCE of Matthew J. Glover on behalf of defendant U.S. Department of Justice (Glover, Matthew) |
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Filing 42
ORDER denying #41 motion to bring firearm into courthouse for hearing; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
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| Filing 41 MOTION for order to Bring Secured Operable Bumpstock Firearm to Hearing by plaintiffs Gun Owners Foundation, Gun Owners of America, Inc., Tim Harmsen, Rachel Malone, Virginia Citizens Defense League, Matt Watkins, movant Gun Owners of California, Inc.; (Morgan, Kerry) |
| Filing 40 BRIEF in support of MOTION for joinder of Gun Owners of California, Inc. Pursuant to FRCP 20 #39 filed by Movant Gun Owners of California, Inc. (Morgan, Kerry) Modified text on 3/1/2019 (mg). |
| Filing 39 MOTION for joinder of Gun Owners of California, Inc. Pursuant to FRCP 20 by movant Gun Owners of California, Inc. (Morgan, Kerry) Modified text on 3/1/2019 (mg). |
| Filing 38 NOTICE of Supplemental Authority by defendants Thomas E. Brandon, Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Department of Justice, Matthew Whitaker (Soskin, Eric) |
| (NON-DOCUMENT) ATTORNEY APPEARANCE of Robert Jeffrey Olson on behalf of plaintiffs Gun Owners Foundation, Gun Owners of America, Inc., Tim Harmsen, Rachel Malone, Virginia Citizens Defense League, Matt Watkins (Olson, Robert) |
| Filing 37 REPLY to response to motion #9 for Preliminary Injunction filed by Gun Owners Foundation, Gun Owners of America, Inc., Tim Harmsen, Rachel Malone, Virginia Citizens Defense League, Matt Watkins (Morgan, Kerry) |
| Filing 36 CERTIFICATE OF SERVICE by plaintiffs Gun Owners Foundation, Gun Owners of America, Inc., Tim Harmsen, Rachel Malone, Virginia Citizens Defense League, Matt Watkins for Plaintiffs' First Set of Requests for Admissions, Interrogatories and Requests for Production of Documents to Defendants (Morgan, Kerry) |
| Filing 35 CERTIFICATE OF SERVICE by plaintiffs Gun Owners Foundation, Gun Owners of America, Inc., Tim Harmsen, Rachel Malone, Virginia Citizens Defense League, Matt Watkins for Rule 34 Request to Defendants for Entry Upon Designated Land or Other Property in the Possession or Control of the Defendants for the Purpose of Inspection and Measuring, Photographing, Testing, and Sampling Property or any Designated Object or Operation Thereon (Morgan, Kerry) |
| Filing 34 RESPONSE in opposition to MOTION for preliminary injunction #9 filed by Thomas E. Brandon, Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Department of Justice (Soskin, Eric) |
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Filing 33
ORDER denying #31 request for pre-motion conference; Hearing on Plaintiffs' motion for preliminary injunction is 3/6/2019 at 9:00 a.m.; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc)
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| Filing 32 RESPONSE TO REQUEST for pre-motion conference by plaintiffs Rachel Malone, Matt Watkins, Gun Owners Foundation, Virginia Citizens Defense League, Gun Owners of America, Inc., Tim Harmsen #31 filed by Thomas E. Brandon, Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Department of Justice, Matthew Whitaker (Soskin, Eric) |
| Filing 31 REQUEST for pre-motion conference by plaintiffs Rachel Malone, Matt Watkins, Gun Owners Foundation, Virginia Citizens Defense League, Gun Owners of America, Inc., Tim Harmsen by plaintiffs Rachel Malone, Matt Watkins, Gun Owners Foundation, Virginia Citizens Defense League, Gun Owners of America, Inc., Tim Harmsen; (Morgan, Kerry) |
| Filing 30 SUMMONS returned executed on Thomas E. Brandon, Bureau of Alcohol, Tobacco, Firearms and Explosives, US Attorney and US Attorney General; service upon defendant, Thomas E. Brandon complete on 1/22/2019, answer due 3/25/2019; Bureau of Alcohol, Tobacco, Firearms and Explosives complete on 1/22/2019, answer due 3/25/2019 (Morgan, Kerry) |
| Filing 29 NOTICE to attorney Kerry Morgan regarding recent filing #26 , #28 , #27 , #25 (mla) |
| Filing 28 PROOF OF SERVICE by plaintiffs Gun Owners Foundation, Gun Owners of America, Inc., Tim Harmsen, Rachel Malone, Virginia Citizens Defense League, Matt Watkins for Complaint (Morgan, Kerry) |
| Filing 27 PROOF OF SERVICE by plaintiffs Gun Owners Foundation, Gun Owners of America, Inc., Tim Harmsen, Rachel Malone, Virginia Citizens Defense League, Matt Watkins for Complaint (Morgan, Kerry) |
| Filing 26 PROOF OF SERVICE by plaintiffs Gun Owners Foundation, Gun Owners of America, Inc., Tim Harmsen, Rachel Malone, Virginia Citizens Defense League, Matt Watkins for Complaint (Morgan, Kerry) |
| Filing 25 PROOF OF SERVICE by plaintiffs Gun Owners Foundation, Gun Owners of America, Inc., Tim Harmsen, Rachel Malone, Virginia Citizens Defense League, Matt Watkins for Complaint (Morgan, Kerry) |
| Filing 24 CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION for preliminary injunction #9 filed by Gun Owners Foundation, Gun Owners of America, Inc., Tim Harmsen, Rachel Malone, Virginia Citizens Defense League, Matt Watkins (Morgan, Kerry) |
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Filing 23
ORDER establishing briefing schedule related to Motion for Preliminary Injunction #9 ; responses due 2/11/2019; replies due by 2/25/2019; oral argument scheduled for 3/11/2019 at 1:00 p.m., 174 Federal Building, Kalamazoo, Michigan; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
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| Filing 22 STIPULATION and PROPOSED ORDER for Expedited Briefing by plaintiffs Gun Owners Foundation, Gun Owners of America, Inc., Tim Harmsen, Rachel Malone, Virginia Citizens Defense League, Matt Watkins (Attachments: #1 Proposed Order) (Morgan, Kerry) |
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Filing 21
ORDER granting #8 motion to enlarge page limits; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
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Filing 20
ORDER denying without prejudice #16 motion to stay the litigation; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
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| Filing 19 SUMMONS ISSUED as to defendants Thomas E. Brandon, Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Department of Justice, Matthew Whitaker, U.S. Attorney and U.S. Attorney General (ems) |
| Filing 18 RESPONSE in opposition to MOTION to stay All Proceedings in Light of Lapse of Appropriations #16 filed by Gun Owners Foundation, Gun Owners of America, Inc., Tim Harmsen, Rachel Malone, Virginia Citizens Defense League, Matt Watkins (Morgan, Kerry) |
| Filing 17 CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION to stay All Proceedings in Light of Lapse of Appropriations #16 filed by Thomas E. Brandon, Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Department of Justice (Cobb, Ryan) |
| Filing 16 MOTION to stay All Proceedings in Light of Lapse of Appropriations by defendants Thomas E. Brandon, Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Department of Justice; (Attachments: #1 Proposed Order) (Cobb, Ryan) |
| Filing 15 PROPOSED SUMMONS to be issued re #1 (Morgan, Kerry) |
| Filing 14 CORPORATE DISCLOSURE STATEMENT by Virginia Citizens Defense League (Morgan, Kerry) Modified text and filers on 12/28/2018 (ems). |
| Filing 13 CORPORATE DISCLOSURE STATEMENT by Gun Owners Foundation (Morgan, Kerry) Modified text and filers on 12/28/2018 (ems). |
| Filing 12 CORPORATE DISCLOSURE STATEMENT by Gun Owners of America, Inc. (Morgan, Kerry) Modified text and filers on 12/28/2018 (ems). |
| Filing 11 NOTICE that this case has been assigned Paul L. Maloney ; with NOTICE OF DEFICIENCY re corporate disclosure statement (ems) |
| SUMMONS NOT ISSUED as to defendants Thomas E. Brandon, Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Department of Justice, Matthew Whitaker (none provided; please refer to Federal Rule of Civil Procedure 4(i) regarding service on the United States and Its Agencies, Corporations, Officers, or Employees) (ems) |
| Filing 10 BRIEF in support of MOTION for preliminary injunction #9 filed by Gun Owners Foundation, Gun Owners of America, Inc., Tim Harmsen, Virginia Citizens Defense League, Rachel Malone, Matt Watkins (Morgan, Kerry) Modified text on 12/27/2018 (jlg) |
| Filing 9 MOTION for preliminary injunction by plaintiffs Gun Owners Foundation, Gun Owners of America, Inc., Tim Harmsen, Virginia Citizens Defense League, Rachel Malone, Matt Watkins; (Morgan, Kerry) Modified text on 12/27/2018 (jlg) |
| Filing 8 EX PARTE MOTION to Enlarge Page Limit for Its Motion for a Preliminary Injunction by plaintiffs Gun Owners Foundation, Gun Owners of America, Inc., Tim Harmsen, Virginia Citizens Defense League, Rachel Malone, Matt Watkins (Morgan, Kerry) Modified text on 12/27/2018 (jlg) |
| Filing 7 VERIFICATION STATEMENT re #1 of Richard (Rick) Vasquez by plaintiffs Gun Owners Foundation, Gun Owners of America, Inc., Tim Harmsen, Virginia Citizens Defense League, Rachel Malone, Matt Watkins (Morgan, Kerry) Modified text on 12/27/2018 (jlg) |
| Filing 6 VERIFICATION STATEMENT re #1 of Philip Van Cleave by plaintiffs Gun Owners Foundation, Gun Owners of America, Inc., Tim Harmsen, Virginia Citizens Defense League, Rachel Malone, Matt Watkins (Morgan, Kerry) Modified on 12/27/2018 (jlg) |
| Filing 5 VERIFICATION STATEMENT re #1 of Matthew Watkins by plaintiffs Gun Owners Foundation, Gun Owners of America, Inc., Tim Harmsen, Virginia Citizens Defense League, Rachel Malone, Matt Watkins (Morgan, Kerry) Modified text on 12/27/2018 (jlg) |
| Filing 4 VERIFICATION STATEMENT re #1 of Rachel Malone by plaintiffs Gun Owners Foundation, Gun Owners of America, Inc., Tim Harmsen, Virginia Citizens Defense League, Rachel Malone, Matt Watkins (Morgan, Kerry) Modified text on 12/27/2018 (jlg) |
| Filing 3 VERIFICATION STATEMENT re #1 of Erich M. Pratt by plaintiffs Gun Owners Foundation, Gun Owners of America, Inc., Tim Harmsen, Virginia Citizens Defense League, Rachel Malone, Matt Watkins (Morgan, Kerry) Modified text on 12/27/2018 (jlg) |
| Filing 2 VERIFICATION STATEMENT re #1 of Timothy Harmsen by plaintiffs Gun Owners Foundation, Gun Owners of America, Inc., Tim Harmsen, Virginia Citizens Defense League, Rachel Malone, Matt Watkins (Morgan, Kerry) Modified text on 12/27/2018 (jlg) |
| Filing 1 COMPLAINT for Declaratory and Injunctive Relief against All Defendants filed by Rachel Malone, Matt Watkins, Gun Owners Foundation, Gun Owners of America, Inc., Tim Harmsen, Virginia Citizens Defense League (Attachments: #1 Index of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Errata 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34) (Morgan, Kerry) Modified text on 12/27/2018 (jlg) Modified text on 12/27/2018 (ems). |
| FILING FEE PAID re #1 by plaintiffs Gun Owners Foundation, Gun Owners of America, Inc., Tim Harmsen, Virginia Citizens Defense League, Rachel Malone, Matt Watkins in the amount of $400, receipt number 0646-4324720 (Morgan, Kerry) Modified text on 12/27/2018 (jlg) |
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