United States of America v. State of Missouri et al
| United States of America |
| State of Missouri, Michael L Parson, Eric Schmitt, Missouri Firearms Coalition, American Firearms Association, Iowa Gun Owners, Ohio Gun Owners, Minnesota Gun Rights, Georgia Gun Owners and Wyoming Gun Owners |
| Giffords Law Center to Prevent Gun Violence |
| 2:2022cv04022 |
| February 16, 2022 |
| US District Court for the Western District of Missouri |
| Nanette K Laughrey |
| Brian C Wimes |
| Constitutional - State Statute |
| 28 U.S.C. § 2201 Constitutionality of State Statute(s) |
| None |
Docket Report
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| Filing 43 REPORT of Rule 26(f) planning meeting. (Schwei, Daniel) |
| Filing 42 PRO SE NOTICE of filing by Don Hamrick. (Attachments: #1 Envelope)(Warren, Melissa) |
| Filing 41 SUGGESTIONS in support re #13 MOTION to dismiss for lack of jurisdiction filed by Edward Dean Greim on behalf of Defendants American Firearms Association, Georgia Gun Owners, Iowa Gun Owners, Minnesota Gun Rights, Missouri Firearms Coalition, Ohio Gun Owners, Wyoming Gun Owners. (Related document(s) #13 ) (Greim, Edward) |
| Filing 40 SUGGESTIONS in opposition re #8 MOTION for summary judgment filed by Dean John Sauer on behalf of Defendants Michael L Parson, Eric Schmitt, State of Missouri. Reply suggestions due by 4/25/2022 unless otherwise directed by the court. (Related document(s) #8 ) (Sauer, Dean) |
| Filing 39 REPLY SUGGESTIONS to motion re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #13 MOTION to dismiss for lack of jurisdiction filed by Dean John Sauer on behalf of Defendants Michael L Parson, Eric Schmitt, State of Missouri. (Related document(s) #16 , #13 ) (Sauer, Dean) |
| Filing 38 PRO SE NOTICE of filing by Don Hamrick. (Attachments: #1 Envelope)(Warren, Melissa) |
Filing 37
ORDERED the Motion of Giffords Law Center for Leave to File Amicus Brief (Doc. #15) is, with no party having any objection, GRANTED. It is further ORDERED the Motion for Leave to File a Brief of Amici Curiae of the Missouri Firearms Coalition, the American Firearms Association, Iowa Gun Owners, Ohio Gun Owners, Minnesota Gun Rights, Georgia Gun Owners, and Wyoming Gun Owners (Doc. #21) is, with no party having any objection, GRANTED. Signed on 4/4/2022 by District Judge Brian C. Wimes. This is a TEXT ONLY ENTRY. No document is attached.
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Filing 36
ORDERED Defendants' Motion to Extend Defendants' Deadline to File Opposing Suggestions to Plaintiff's Motion for Summary Judgment (Doc. #35) is, with Plaintiff having no objection, GRANTED. Defendants are granted leave to file their opposition suggestions on or before April 11, 2022. Signed on 4/4/2022 by District Judge Brian C. Wimes. This is a TEXT ONLY ENTRY. No document is attached.
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| Filing 35 Consent MOTION for extension of time to file opposing suggestions to Plaintiffs Motion for Summary Judgment filed by Dean John Sauer on behalf of Michael L Parson, Eric Schmitt, State of Missouri. Suggestions in opposition/response due by 4/13/2022 unless otherwise directed by the court. (Sauer, Dean) |
| Filing 34 NOTICE of appearance by Jeff P. Johnson on behalf of Michael L Parson, Eric Schmitt, State of Missouri (Attorney Jeff P. Johnson added to party Michael L Parson(pty:dft), Attorney Jeff P. Johnson added to party Eric Schmitt(pty:dft), Attorney Jeff P. Johnson added to party State of Missouri(pty:dft))(Johnson, Jeff) |
| Filing 33 SUGGESTIONS in opposition re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Cassie Snyder on behalf of Plaintiff United States of America. Reply suggestions due by 4/11/2022 unless otherwise directed by the court. (Related document(s) #16 ) (Snyder, Cassie) |
| Filing 32 SUGGESTIONS in opposition re #13 MOTION to dismiss for lack of jurisdiction filed by Daniel Schwei on behalf of Plaintiff United States of America. Reply suggestions due by 4/11/2022 unless otherwise directed by the court. (Attachments: #1 Exhibit A - Filings from City of St Louis v State of Missouri, #2 Exhibit B - Filings from City of Arnold v State of Missouri)(Related document(s) #13 ) (Schwei, Daniel) |
| Filing 31 AMENDED NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Scheduling Conference set for 4/26/2022 WILL BE IN PERSON at 10:00 AM in Courtroom 7D, Kansas City (BCW) before District Judge Brian C. Wimes. (Diefenbach, Tracy) |
| Filing 30 PRO SE NOTICE of filing by Don Hamrick. (Attachments: #1 Envelope)(Warren, Melissa) |
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Filing 29
ORDERED, consistent with the Court's ruling on the record during a telephone conference held on March 21, 2022, Defendants' Motion to Extend Defendants' Deadline to File Opposing Suggestions to Plaintiff's Motion for Summary Judgment (Doc. #27) is, with Plaintiff having no objection, GRANTED. Defendant is granted leave to file its opposition suggestions to Plaintiff's Motion for Summary Judgment (Doc. #8) on or before April 4, 2022. Signed on 3/21/2022 by District Judge Brian C. Wimes. This is a TEXT ONLY ENTRY. No document is attached.
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| Filing 28 Minute Entry. Proceedings held before District Judge Brian C. Wimes: TELEPHONE CONFERENCE held on 3/21/2022. Counsel appearing for Plaintiff(s): Daniel Schwei and Cassie Snyder. Counsel appearing for Defendant(s): Dean Sauer and Jesus Osete. Time in court: 8:30 am to 8:45 am. To order a transcript of this hearing please contact Denise Halasey, 816-512-5657, denise_halasey@mow.uscourts.gov. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy) |
| Filing 27 Consent MOTION for extension of time to file response/reply as to #8 MOTION for summary judgment Unopposed First Motion to Extend Defendants' Deadline to File Opposing Suggestions to Plaintiff's Motion for Summary Judgment filed by Jesus A Osete on behalf of Michael L Parson, Eric Schmitt, State of Missouri. Suggestions in opposition/response due by 4/4/2022 unless otherwise directed by the court. (Related document(s) #8 ) (Osete, Jesus) |
| Filing 26 REPLY SUGGESTIONS to motion re #14 MOTION to stay re #8 MOTION for summary judgment , #13 MOTION to dismiss for lack of jurisdiction Motion to Stay Briefing on Plaintiff's Motion for Summary Judgment Pending Resolution of Defendants' Motion to Dis filed by Jesus A Osete on behalf of Defendants Michael L Parson, Eric Schmitt, State of Missouri. (Related document(s) #14 ) (Osete, Jesus) |
| Filing 25 SUGGESTIONS in opposition re #14 MOTION to stay re #8 MOTION for summary judgment , #13 MOTION to dismiss for lack of jurisdiction Motion to Stay Briefing on Plaintiff's Motion for Summary Judgment Pending Resolution of Defendants' Motion to Dis filed by Daniel Riess on behalf of Plaintiff United States of America. Reply suggestions due by 3/31/2022 unless otherwise directed by the court. (Related document(s) #14 ) (Riess, Daniel) |
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Filing 24
ORDER granting #23 motion to appear pro hac vice entered by Clerk of Court. Attorney Samual A Garner for Giffords Law Center to Prevent Gun Violence allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Berner, Crystal)
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| Filing 23 Motion to allow Samual A. Garner to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7848972) filed by Fred L. Sgroi on behalf of Giffords Law Center to Prevent Gun Violence. (Sgroi, Fred) |
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Filing 22
ORDER granting #20 motion to appear pro hac vice entered by Clerk of Court. Attorney Stephen R. Klein for Missouri Firearms Coalition allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Warren, Melissa)
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| Filing 21 Consent MOTION for leave to file Brief of The Missouri Firearms Coalition, et al. as Amici Curiae in Support of Defendants' Motion to Dismiss filed by Edward Dean Greim on behalf of American Firearms Association, Georgia Gun Owners, Iowa Gun Owners, Minnesota Gun Rights, Missouri Firearms Coalition, Ohio Gun Owners, Wyoming Gun Owners. Suggestions in opposition/response due by 3/29/2022 unless otherwise directed by the court. (Attachments: #1 Exhibit Brief of Amici Curiae)(Greim, Edward) |
| Filing 20 Motion to allow Stephen R. Klein to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7846916) filed by Edward Dean Greim on behalf of Missouri Firearms Coalition, American Firearms Association, Iowa Gun Owners, Ohio Gun Owners, Minnesota Gun Rights, Georgia Gun Owners, Wyoming Gun Owners. (Attorney Edward Dean Greim added to party Missouri Firearms Coalition(pty:dft), Attorney Edward Dean Greim added to party American Firearms Association(pty:dft), Attorney Edward Dean Greim added to party Iowa Gun Owners(pty:dft), Attorney Edward Dean Greim added to party Ohio Gun Owners(pty:dft), Attorney Edward Dean Greim added to party Minnesota Gun Rights(pty:dft), Attorney Edward Dean Greim added to party Georgia Gun Owners(pty:dft), Attorney Edward Dean Greim added to party Wyoming Gun Owners(pty:dft))(Greim, Edward) |
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Filing 19
ORDER granting #17 and #18 motion to appear pro hac vice entered by Clerk of Court. Attorney James Bennett Clark and Brian M. Underwood, Jr for Giffords Law Center to Prevent Gun Violence allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Warren, Melissa)
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| Filing 18 Motion to allow Brian M. Underwood, Jr. to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7845248) filed by Fred L. Sgroi on behalf of Giffords Law Center to Prevent Gun Violence. (Sgroi, Fred) |
| Filing 17 Motion to allow James Bennett Clark to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7845242) filed by Fred L. Sgroi on behalf of Giffords Law Center to Prevent Gun Violence. (Sgroi, Fred) |
| Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jesus A Osete on behalf of Michael L Parson, Eric Schmitt, State of Missouri. Suggestions in opposition/response due by 3/28/2022 unless otherwise directed by the court. (Attachments: #1 Exhibit Second Amendment Preservation Act)(Osete, Jesus) |
| Filing 15 MOTION for leave to file filed by Fred L. Sgroi on behalf of Giffords Law Center to Prevent Gun Violence. Suggestions in opposition/response due by 3/28/2022 unless otherwise directed by the court. (Attachments: #1 Exhibit 1)(Attorney Fred L. Sgroi added to party Giffords Law Center to Prevent Gun Violence(pty:am))(Sgroi, Fred) |
| Filing 14 MOTION to stay re #8 MOTION for summary judgment , #13 MOTION to dismiss for lack of jurisdiction Motion to Stay Briefing on Plaintiff's Motion for Summary Judgment Pending Resolution of Defendants' Motion to Dismiss for Lack of Subject-Matter Jurisdiction filed by Jesus A Osete on behalf of All Defendants. Suggestions in opposition/response due by 3/28/2022 unless otherwise directed by the court. (Related document(s) #8 , #13 ) (Osete, Jesus) |
| Filing 13 MOTION to dismiss for lack of jurisdiction filed by Jesus A Osete on behalf of All Defendants. Suggestions in opposition/response due by 3/28/2022 unless otherwise directed by the court. (Osete, Jesus) |
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Filing 12
RULE 16 NOTICE. Proposed scheduling order due by 4/14/2022. Rule 26 conference due by 3/31/2022. Scheduling Conference set for 4/26/2022 10:00 AM by telephone before District Judge Brian C. Wimes. Signed on 3/2/22 by District Judge Brian C. Wimes. (Diefenbach, Tracy)
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| Filing 11 NOTICE of appearance by Dean John Sauer on behalf of All Defendants (Attorney Dean John Sauer added to party Michael L Parson(pty:dft), Attorney Dean John Sauer added to party Eric Schmitt(pty:dft), Attorney Dean John Sauer added to party State of Missouri(pty:dft))(Sauer, Dean) |
| Filing 10 CERTIFICATE OF SERVICE by United States of America re #8 MOTION for summary judgment filed by Cassie Snyder on behalf of Plaintiff United States of America. Related document: #8 MOTION for summary judgment filed by United States of America.(Snyder, Cassie) |
| Filing 9 NOTICE of appearance by Jesus A Osete on behalf of All Defendants (Attorney Jesus A Osete added to party Michael L Parson(pty:dft), Attorney Jesus A Osete added to party Eric Schmitt(pty:dft), Attorney Jesus A Osete added to party State of Missouri(pty:dft))(Osete, Jesus) |
| Filing 8 MOTION for summary judgment filed by Cassie Snyder on behalf of United States of America. Suggestions in opposition/response due by 3/21/2022 unless otherwise directed by the court. (Attachments: #1 Exhibit Cover Sheet, #2 Exhibit 1 - Winston Decl., #3 Exhibit 2 - Jordan Decl., #4 Exhibit 3 - Stokes Decl., #5 Exhibit 4 - Brooks Decl., #6 Exhibit 5 - Enc. of the Am. Const.)(Snyder, Cassie) |
| Filing 7 PRO SE NOTICE of filing filed by Don Hamrick. (Warren, Melissa) |
| Filing 6 RETURN OF SERVICE of complaint executed by United States of America. Michael L Parson served on 2/22/2022, answer due 3/15/2022; Eric Schmitt served on 2/22/2022, answer due 3/15/2022; State of Missouri served on 2/22/2022, answer due 3/15/2022. (Attachments: #1 Return of Service on Gov. Michael L. Parson, #2 Return of Service on Atty. Gen. Eric Schmitt)(Riess, Daniel) |
| Filing 5 ADMINISTRATIVE TRANSFER (AMENDED). With the consent of the Honorable District Judge Nanette K. Laughrey, this case is reassigned to the Honorable District Judge Brian C. Wimes for all further proceedings. Please note the new case number: 2:22-cv-04022-BCW. This is a TEXT ONLY ENTRY. No document is attached. (Moore, Terri) |
| Filing 4 NOTICE of appearance by Daniel Riess on behalf of United States of America (Riess, Daniel) |
| SUMMONS ISSUED as to Michael L Parson, Eric Schmitt and State of Missouri. Summons returned to plaintiff for service. (Warren, Melissa) |
| Filing 3 NOTICE of appearance by Cassie Snyder on behalf of United States of America (Attorney Cassie Snyder added to party United States of America(pty:pla))(Snyder, Cassie) |
| Filing 2 ADMINISTRATIVE TRANSFER. This case is randomly reassigned to the Honorable District Judge Nanette K. Laughrey for all further proceedings. Please note the new case number: 2:22-cv-04022-NKL. This is a TEXT ONLY ENTRY. No document is attached. (Warren, Melissa) |
| Filing 1 COMPLAINT against All Defendants filed by Daniel Schwei on behalf of United States of America. Filing fee waived. Service due by 5/17/2022 unless otherwise directed by the court. (Attachments: #1 Civil Cover Sheet)(Schwei, Daniel) |
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