We The Patriots USA, INC. et al v. Grisham et al
| We The Patriots USA, INC., Dennis Smith, National Association for Gun Rights, Foster Allen Haines, Randy Donk, Gun Owners of America, Inc., Gun Owners Foundation, Shawn Blas, Zachary Fort, New Mexico Shooting Sports Association, Firearms Policy Coalition, Inc, Second Amendment Foundation and Richard M Anderson |
| Michelle Lujan Grisham, Patrick M. Allen, Jason R. Bowie, Troy W. Weisler, Harold Medina, Office of the Governor of New Mexico and New Mexico Department of Health |
| 1:2023cv00773 |
| September 9, 2023 |
| US District Court for the District of New Mexico |
| Laura Fashing |
| David H Urias |
| Civil Rights: Other |
| 28 U.S.C. § 1343 Violation of Civil Rights |
| None |
Docket Report
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This docket was last retrieved on November 7, 2023. A more recent docket listing may be available from PACER.
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Filing 54
ORDER by District Judge David H. Urias GRANTING #50 Motion for Extension of Time to File Response/Reply re #50 MOTION for Extension of Time to File Response/Reply as to #37 Emergency MOTION to Stay re #27 Order on Motion for Preliminary Injunction Pending Appeal (Relief Requested by 5 PM, October 23, 2023) Responses due by 11/10/2023 (fs)
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Filing 53
TRANSCRIPT ORDER FORM by Randy Donk, Gun Owners Foundation, Gun Owners of America, Inc. requesting the proceedings held on 10/3/2023 be transcribed for the #49 Notice of Appeal (Stamboulieh, Stephen)
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Filing 52
NOTICE by Richard M Anderson Affidavit of Good Standing Pro-Hac (Woods, Joseph)
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Filing 51
Transmission of Preliminary Record to US Court of Appeals re #49 Notice of Appeal (Attachments: #1 Preliminary Record) (bap)
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Filing 50
MOTION for Extension of Time to File Response/Reply as to #37 Emergency MOTION to Stay re #27 Order on Motion for Preliminary Injunction Pending Appeal (Relief Requested by 5 PM, October 23, 2023) by Patrick M. Allen, Jason R. Bowie, Michelle Lujan Grisham, Troy W. Weisler. (Rogers, Cody)
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Filing 49
NOTICE OF APPEAL as to #27 Order on Motion for Preliminary Injunction by Randy Donk, Gun Owners Foundation, Gun Owners of America, Inc.. (Filing Fee - Online Payment) (Stamboulieh, Stephen)
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Filing Fee Received: $ 505 receipt number ANMDC-9079106 re #49 Notice of Appeal filed by Gun Owners Foundation, Gun Owners of America, Inc., Randy Donk (Payment made via Pay.gov)(Stamboulieh, Stephen)
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Filing 48
TRANSCRIPT ORDER FORM by Firearms Policy Coalition, Inc, Zachary Fort, New Mexico Shooting Sports Association, Second Amendment Foundation requesting the proceedings held on 10/03/23 be transcribed for the #33 Notice of Appeal (George, Jordon)
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Filing 47
Court Reporter's Transcript Order Form filed on 11/3/2023 re #33 Notice of Appeal Estimated Completion Date: 12/3/2023.(cm)
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Filing 46
SUMMONS Returned Executed by Randy Donk., SUMMONS Returned Executed by Randy Donk. (Caruso, Mark)
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Filing 45
SUMMONS Returned Executed by Randy Donk. (Caruso, Mark)
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Filing 44
SUMMONS Returned Executed by Randy Donk. (Caruso, Mark)
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Filing 43
SUMMONS Returned Executed by Randy Donk. (Caruso, Mark)
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Filing 42
SUMMONS Returned Executed by Randy Donk. Randy Donk served on 10/18/2023, answer due 11/8/2023. (Caruso, Mark)
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Filing 41
Emergency MOTION for Preliminary Injunction Pending Appeal by Firearms Policy Coalition, Inc, Zachary Fort, New Mexico Shooting Sports Association, Second Amendment Foundation. (George, Jordon)
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Filing 40
USCA Information Letter with Case Number 23-2167 for #33 Notice of Appeal filed by New Mexico Shooting Sports Association, Zachary Fort, Second Amendment Foundation, Firearms Policy Coalition, Inc. (fs)
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Filing 39
Transmission of Preliminary Record to US Court of Appeals re #33 Notice of Appeal (Attachments: #1 Preliminary Record) (bap)
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Filing 38
USCA Appeal Fees received $ 505 receipt number ANMDC-9057975 re #33 Notice of Appeal filed by New Mexico Shooting Sports Association, Zachary Fort, Second Amendment Foundation, Firearms Policy Coalition, Inc (bap)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Filing 37
Emergency MOTION for Injunction Pending Appeal re #27 Order on Motion for Preliminary Injunction Pending Appeal (Relief Requested by 5 PM, October 23, 2023) by Dennis Smith, We The Patriots USA, INC.. (Attachments: #1 Supplement Memorandum of Law In Support) (Atkinson, Cameron) Modified title of document on 10/23/2023 (bap).
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Filing 35
NOTICE OF HEARING WITH VIDEO STREAMING: Rule 16 Initial Scheduling Conference set for 11/27/2023 at 10:00 AM Remote via Zoom before Magistrate Judge Laura Fashing. Joint Status Report and Provisional Discovery Plan due 11/17/2023. (cda)NOTE:1. This proceeding will be held via Zoom Video/Web Conferencing with all participants appearing remotely; The Zoom ID and Passcode will be docketed separately and available to the parties but not the public.2. Participants should connect to the proceeding 15 minutes prior its scheduled start time to allow time for trouble-shooting of any connectivity issues.3. To ensure the record is of the best quality participants are encouraged to utilize a headset to reduce static and background noise; if not using a headset participants must ensure the audio feed at their location is muted when not speaking.*** REMINDER: Recording or broadcasting of this hearing is prohibited. ***This hearing will be available for remote viewing by video stream.Please visit the Court's website at #www.nmd.uscourts.gov for information and instructions to connect. Modified on 10/23/2023 (jg).
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Filing 34
USCA Information Letter with Case Number 23-2166 for #31 Notice of Appeal filed by We The Patriots USA, INC., Dennis Smith. (fs)
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Filing 33
NOTICE OF APPEAL as to #27 Order on Motion for Preliminary Injunction by Firearms Policy Coalition, Inc, Zachary Fort, New Mexico Shooting Sports Association, Second Amendment Foundation. (Filing Fee - Online Payment) (George, Jordon)
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Filing 32
Transmission of Preliminary Record to US Court of Appeals re #31 Notice of Appeal (Attachments: #1 Preliminary Record) (bap)
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Filing 31
NOTICE OF APPEAL as to #27 Order on Motion for Preliminary Injunction by Dennis Smith, We The Patriots USA, INC.. (Filing Fee - Online Payment) (Atkinson, Cameron)
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Filing Fee Received: $ 505 receipt number ANMDC-9056394 re #31 Notice of Appeal filed by We The Patriots USA, INC., Dennis Smith (Payment made via Pay.gov)(Atkinson, Cameron)
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Filing 30
Clerk's Minutes for proceedings held before Magistrate Judge Laura Fashing: Status Conference held on 10/18/2023. (Recording Info: Liberty/MARS) (cda)
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Filing 29
NOTICE of Appearance by Cody R. Rogers on behalf of Patrick M. Allen, Jason R. Bowie, Michelle Lujan Grisham, New Mexico Department of Health, Troy W. Weisler (Rogers, Cody)
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Filing 28
ASSOCIATION of Attorney Licensed Outside the District for Plaintiff Richard M Anderson by Joseph Lee Woods on behalf of: CJ Grisham Law Offices of CJ Grisham 3809 S. General Bruce Dr #103-101Temple, TX 76502 2543831726 cj@cjgrisham.com (Association Dues - Online Payment) (Woods, Joseph)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Association Dues Received: $ 100 receipt number ANMDC-9044900 re: # 28 Association of Attorney Licensed Outside the District, filed by Richard M Anderson (Payment made via Pay.gov)(Woods, Joseph)
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Filing 27
ORDER by District Judge David H. Urias denying #25 Motion for Preliminary Injunction (crg)
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Filing 26
ORDER CONSOLIDATING CASES by District Judge David H. Urias. Cases: 23-CV-771, 23-CV-772, 23-CV-773, 23-CV-774, 23-CV-778, and 23-CV-839. All pleadings shall be filed under the lead case number 23-CV-773. (fs)
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Filing 25
Third MOTION for Preliminary Injunction by Dennis Smith, We The Patriots USA, INC.. (Attachments: #1 Supplement Plaintiffs' Memorandum of Law In Support, #2 Exhibit A - Declaration of Dennis Smith, #3 Exhibit B - 9/15/2023 Public Health Order, #4 Exhibit C - 10/6/2023 Public Health Order, #5 Exhibit D - Executive Order 2023-135) (Atkinson, Cameron)
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Filing 24
APPENDIX/SUPPLEMENT re #13 Second MOTION for Temporary Restraining Order Second MOTION for Preliminary Injunction Supplemental Declaration of Dennis Smith by Dennis Smith, We The Patriots USA, INC. (Atkinson, Cameron)
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Filing 22
NOTICE OF HEARING WITH VIDEO STREAMING: Status Conference set for 10/18/2023 at 11:00 AM in Remote via Zoom before Magistrate Judge Laura Fashing. (cda)NOTE:1. This proceeding will be held via Zoom Video/Web Conferencing with all participants appearing remotely; The Zoom ID and Passcode will be docketed separately and available to the parties but not the public. 2. Participants should connect to the proceeding 15 minutes prior its scheduled start time to allow time for trouble-shooting of any connectivity issues.3. To ensure the record is of the best quality participants are encouraged to utilize a headset to reduce static and background noise; if not using a headset participants must ensure the audio feed at their location is muted when not speaking.*** REMINDER: Recording or broadcasting of this hearing is prohibited. ***This hearing will be available for remote viewing by video stream.Please visit the Court's website at #www.nmd.uscourts.gov for information and instructions to connect.
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Filing 21
ORDER by District Judge David H. Urias: DENYING Plaintiffs Motion for Preliminary Injunction as to Defendants Public Health Order dated September 8, 2023 (Original PHO) on mootness grounds; Extending Temporary Restraining Order as to firearms restrictions in public parks until October 11, 2023; The Court takes Plaintiffs request for a preliminary injunction [Doc. 13] as to the Amended Public Health Order issued September 15, 2023, under advisement. (crg) THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.
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Filing 20
Clerk's Minutes for proceedings held before District Judge David H. Urias: Preliminary Injunction Hearing held on 10/3/2023. (Court Reporter C. McAlister) (fs)
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Filing 19
NOTICE of Appearance by Holly Agajanian on behalf of Patrick M. Allen, Jason R. Bowie, Michelle Lujan Grisham, Troy W. Weisler (Agajanian, Holly)
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Filing 18
**FILED IN ERROR** NOTICE of Appearance by Holly Agajanian on behalf of Patrick M. Allen, Jason R. Bowie, Michelle Lujan Grisham, Troy W. Weisler (Agajanian, Holly) Modified on 10/3/2023 - attorney refiled with correct attachment (bp).
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Filing 17
NOTICE OF PUBLIC ACCESS TO HEARING scheduled for 10/3/2023 at 10:00 AM:AUDIO connection to this hearing can be accessed by following the link below and using the login information provided:#Click here to access public hearing.USERNAME: audioPASSWORD: 07FE9C (jmg)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Filing 16
RESPONSE in Opposition re #13 Second MOTION for Temporary Restraining Order Second MOTION for Preliminary Injunction filed by Patrick M. Allen, Jason R. Bowie, Michelle Lujan Grisham, Troy W. Weisler. (Attachments: #1 Exhibit A) (Agajanian, Holly)
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Filing 15
ORDER by District Judge David H. Urias denying #13 Motion for TRO; denying #13 Motion for Preliminary Injunction (jmg)
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Filing 14
TRANSCRIPT of Proceedings held on September 13, 2023, before District Judge David H. Urias. Court Reporter/Transcriber Carmela McAlister, Telephone number 505-348-2094. Transcript may be viewed at the Clerk's Office public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. PLEASE TAKE NOTICE that each party now has seven (7) calendar days to file a Notice of Intent to Request Redaction of any personal identifiers from this transcript. If no notice is filed during this seven-day period, the court will assume that redaction of personal data is not necessary and will make the transcript electronically available, as is, to the public after 90 days. For additional guidance, PLEASE REVIEW the complete policy, located in the CM/ECF Administrative Procedures Manual at https://www.nmd.uscourts.gov. Notice of Intent to Request Redaction set for 9/29/2023. Redaction Request due 10/13/2023. Redacted Transcript Deadline set for 10/23/2023. Release of Transcript Restriction set for 12/21/2023.(cm)
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Filing 13
Second MOTION for Temporary Restraining Order , Second MOTION for Preliminary Injunction by Dennis Smith, We The Patriots USA, INC.. (Attachments: #1 Supplement Memorandum of Law In Support, #2 Exhibit A - Amended Public Health Order Issued 9-15-2023, #3 Exhibit B - Declaration of Dennis Smith, #4 Supplement FRCP 65 Certification of Counsel, #5 Supplement TRO Info Sheet) (Atkinson, Cameron)
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Filing 12
Clerk's Minutes for proceedings held before District Judge David H. Urias: Motion Hearing held on 9/13/2023 re #3 First MOTION for Temporary Restraining Orders and Preliminary Injunction filed by We The Patriots USA, INC., Dennis Smith. (Court Reporter C. McAlister) (bap)
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Set Hearings: Motion Hearing set for 10/3/2023 at 10:00 AM in Albuquerque - 420 Mimbres Courtroom before District Judge David H. Urias. (fs)
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Filing 11
TEMPORARY RESTRAINING ORDER by District Judge David H. Urias GRANTING #3 Motion for Temporary Restraining Order (jdf). Modified on 9/14/2023 (bc).
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Filing 10
NOTICE OF PUBLIC ACCESS TO HEARING scheduled for 9/13/2023 at 1:00 PM:AUDIO connection to this hearing can be accessed by following the link below and using the login information provided:#Click here to access public hearing.USERNAME: audioPASSWORD: 7AE9EC (jmg)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Filing 9
NOTICE of Hearing on Motion #3 Temporary Restraining Order : Motion Hearing set for 9/13/2023 at 01:00 PM in Albuquerque - 420 Mimbres Courtroom before District Judge David H. Urias. (jmg)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Filing 8
NOTICE by Dennis Smith, We The Patriots USA, INC. re #3 First MOTION for Preliminary Injunction , #5 Appendix/Supplement Confirming That All Defendants Have Received Actual Notice Of The Request For Emergency Relief (Atkinson, Cameron)
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Filing 7
Corporate Disclosure Statement by We The Patriots USA, INC. (Atkinson, Cameron)
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Filing 6
NOTICE of Appearance by Cameron Lee Atkinson on behalf of Dennis Smith, We The Patriots USA, INC. (Atkinson, Cameron)
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Filing 5
INFORMATION SHEET for T.R.O re #3 Emergency MOTION for a Temporary Restraining Order and Preliminary Injunction (Ex Parte Relief Requested) by Dennis Smith, We The Patriots USA, INC. (Gay, Jeremy) Modified docket text on 9/11/2023 (ng).
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Filing 4
ASSOCIATION of Attorney Licensed Outside the District for Plaintiffs Dennis Smith, We The Patriots USA, INC. by Jeremy M. Gay on behalf of: Cameron L. Atkinson ATKINSON LAW, LLC 122 Litchfield Rd., Ste. 2 P.O. Box 340Harwinton, CT 06791 203.677.0782 catkinson@atkinsonlawfirm.com (Association Dues - Online Payment) (Gay, Jeremy)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Association Dues Received: $ 100 receipt number BNMDC-8999186 re: # 4 Association of Attorney Licensed Outside the District, filed by We The Patriots USA, INC., Dennis Smith (Payment made via Pay.gov)(Gay, Jeremy)
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United States District Judge David H. Urias and United States Magistrate Judge Laura Fashing assigned. (dr)
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Filing 3
Emergency MOTION for a Temporary Restraining Order and Preliminary Injunction (Ex Parte Relief Requested) by Dennis Smith, We The Patriots USA, INC. (Attachments: #1 Supplement Memorandum of Law in Support of Motion For Temporary Injunction, #2 Supplement FRCP 65 Certification) (Gay, Jeremy) Modified docket text on 9/11/2023 (ng).
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Filing 2
NOTICE of Appearance by Jeremy M. Gay on behalf of We The Patriots USA, INC. (Gay, Jeremy)
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Filing 1
COMPLAINT against All Defendants ( Filing Fee - Online Payment), filed by We The Patriots USA, INC.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Gay, Jeremy)
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Filing and Administrative Fees Received: $ 402 receipt number ANMDC-8997796 re #1 Complaint filed by We The Patriots USA, INC. (Payment made via Pay.gov)(Gay, Jeremy)
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