United States of America v. Rare Breed Triggers, LLC et al
| United States of America |
| Rare Breed Triggers, LLC, Rare Breed Firearms, LLC, Lawrence Demonico and Kevin Maxwell |
| 1:2023cv00369 |
| January 19, 2023 |
| US District Court for the Eastern District of New York |
| Robert M Levy |
| Nina R Morrison |
| Other Statutory Actions |
| 28 U.S.C. § 1345 USA Plaintiff |
| None |
Docket Report
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This docket was last retrieved on September 5, 2023. A more recent docket listing may be available from PACER.
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MINUTE ENTRY and ORDER. Oral argument was held before Judge Morrison on March 17, 2023. Michael Blume, Paulina Stamatelos, and Joseph Marutollo appeared on behalf of Plaintiff. Caleb Kruckenberg and Steve Simpson appeared on behalf of Defendants. The Court heard argument on Defendants' motion to dismiss for lack of personal jurisdiction and took the motion under advisement. With Defendants' consent, the temporary restraining order #11 is extended until and including June 30, 2023, unless the Court dismisses the case for lack of personal jurisdiction before that date or the temporary restraining order is rendered moot before that date as a result of the Court's decision on Plaintiff's motion for a preliminary injunction. In light of this extension, the preliminary injunction hearing currently scheduled for April 26, 2023 is adjourned. The preliminary injunction hearing shall take place on May 23, 2023 (and, if necessary, May 24, 2023) at 10:30 a.m. EST in Courtroom 6E North of the Brooklyn Courthouse. Ordered by Judge Nina R. Morrison on 3/17/2023. (Court Reporter Anthony Frisolone.) (BC)
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| Filing 35 Letter Joint Letter Responding to the March 9, 2023 Minute Entry and Order by United States of America (Stamatelos, Paulina) |
| Filing 34 NOTICE of Appearance by Steve Simpson on behalf of All Defendants (notification declined or already on case) (Simpson, Steve) |
| Filing 33 TRANSCRIPT of Proceedings held on March 8, 2023, before Judge Morrison. Court Transcriber: Transcriptions Plus II, Inc.. Email address: RL.Transcriptions2@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 3/31/2023. Redacted Transcript Deadline set for 4/10/2023. Release of Transcript Restriction set for 6/8/2023. (RC) |
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ORDER granting #32 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Robert M. Levy on 3/10/2023. (JM)
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| Filing 32 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16485104. by Lawrence Demonico, Kevin Maxwell, Rare Breed Firearms, LLC, Rare Breed Triggers, LLC. (Attachments: #1 Affidavit) (Simpson, Steve) |
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MINUTE ENTRY and ORDER. A video status conference was held before Judge Morrison March 8, 2023. Michael Blume, Paulina Stamatelos, and Joseph Marutollo appeared on behalf of Plaintiff. Jon Houghton and Steve Simpson appeared on behalf of Defendants. The Court addressed the scope of a potential evidentiary hearing on Defendants' motion to dismiss for lack of personal jurisdiction. Prior to oral argument, the parties shall confer as to whether there are any material facts in dispute that either party believes should be resolved through the presentation of additional evidence at a hearing, rather than by affidavit and/or oral argument; if either party believes that the presentation of evidence is necessary to resolve such dispute(s), they shall inform the Court by joint letter on or before March 14, 2023. The Court also addressed the status of discovery. In light of Defendants' pending motion to dismiss for lack of personal jurisdiction, as well as Defendants' willingness to consent to an additional extension of the temporary restraining order, the Court denied Plaintiff's motion for merits discovery at this time. Oral argument on Defendants' motion to dismiss for lack of personal jurisdiction shall take place before Judge Morrison in Courtroom 6E North of the Brooklyn Courthouse on March 17, 2023 at 10:30 a.m. EST. The Court also discussed with the parties whether, in light of Plaintiff's motion for leave to conduct expedited discovery as to the merits and Defendants' still-pending motion to dismiss, the preliminary injunction hearing currently scheduled for April 26, 2023 should be moved to a date in late May 2023, in order to give the parties the necessary time to conduct discovery and adjudicate any disputes over the scope of discovery before the hearing after the motion to dismiss is resolved (if Defendants' motion is denied and the discovery motion is not therefore mooted). Defense counsel indicated that they had secured Defendants' consent to an extension of the TRO for that purpose, if necessary. Plaintiff requested the opportunity to further consider the matter, in light of its position that the preliminary injunction should be held as soon as practicable to promptly address what it contends is the ongoing harm to the public caused by Defendants' conduct. The Court agreed to defer any changes to the hearing schedule until after Plaintiff had the opportunity to confer and consider it further. Ordered by Judge Nina R. Morrison on 3/8/2023. (FTR Log #2:00-3:05.) (BC) Date modified on 3/10/2023 (FV).
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| Filing 31 RESPONSE to Motion re #30 MOTION for Discovery - the United States respectfully requests that the Court grant the United States' renewed motion to conduct expedited merits discovery on issues related to the United States' motion for preliminary injunction filed by All Defendants. (Houghton, Jonathan) |
| Filing 30 MOTION for Discovery - the United States respectfully requests that the Court grant the United States' renewed motion to conduct expedited merits discovery on issues related to the United States' motion for preliminary injunction by United States of America. (Marutollo, Joseph) |
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ORDER. A scheduling conference shall take place on March 8, 2023, at 2:00 p.m. EST by video. The parties will receive a video conference access link by email. During the conference, the Court will address (1) Defendants' request for an evidentiary hearing on their motion to dismiss for lack of personal jurisdiction, and (2) Plaintiff's motion for discovery, as well as how each of these matters may affect the timing of the preliminary injunction hearing currently scheduled for April 26, 2023, given that Defendants have consented to an extension of the temporary restraining order only until April 30, 2023. Ordered by Judge Nina R. Morrison on 3/7/2023. (BC)
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| Filing 29 REPLY in Support re #23 MOTION to Dismiss for Lack of Jurisdiction filed by All Defendants. (Attachments: #1 Declaration) (Kruckenberg, Caleb) |
| Filing 28 Letter attaching, under seal, Exhibit A (JPMorgan Chase Records) to the Declaration of Melissa Rodriguez by United States of America (Attachments: #1 Exhibit A) (Marutollo, Joseph) |
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ORDER granting #27 Motion for Leave to File; ORDER re #27 Consent MOTION for Leave to File Document - Pursuant to Rule 1.2 of Judge Morrison's Individual Practice Rules, the United States respectfully requests the Courts permission to file an exhibit containing subpoenaed records from JPMorgan Chase u filed by United States of America Ordered by Judge Nina R. Morrison on 2/24/2023. (FV)
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| Filing 27 Consent MOTION for Leave to File Document - Pursuant to Rule 1.2 of Judge Morrison's Individual Practice Rules, the United States respectfully requests the Courts permission to file an exhibit containing subpoenaed records from JPMorgan Chase under seal by United States of America. (Attachments: #1 Exhibit A) (Marutollo, Joseph) |
| Filing 26 DECLARATION re #24 Memorandum in Opposition Declaration of ATF Senior Forensic Auditor, Acting District Manager Central I Melissa Rodriguez by United States of America (Attachments: #1 Exhibit B, #2 Exhibit C) (Marutollo, Joseph) |
| Filing 25 DECLARATION re #24 Memorandum in Opposition Declaration of ATF Special Agent Dean Conigliaro by United States of America (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Marutollo, Joseph) |
| Filing 24 MEMORANDUM in Opposition re #23 MOTION to Dismiss for Lack of Jurisdiction filed by United States of America. (Marutollo, Joseph) |
| Filing 23 MOTION to Dismiss for Lack of Jurisdiction by Lawrence Demonico, Kevin Maxwell, Rare Breed Firearms, LLC, Rare Breed Triggers, LLC. (Attachments: #1 Declaration) (Kruckenberg, Caleb) |
| Filing 22 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 2/14/2023, before Judge Nina R. Morrison. Court Reporter/Transcriber Abba Reporting. Email address: abbareporting@gmail.com. Transcript may be viewed at the court 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 3/9/2023. Redacted Transcript Deadline set for 3/20/2023. Release of Transcript Restriction set for 5/17/2023. (AJ) |
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MINUTE ENTRY AND ORDER. Oral argument on Defendants' motion to quash #17 was held before Judge Morrison on February 14, 2023 by video. Michael Blume, Joseph Marutollo, and Paulina Stamatelos appeared on behalf of Plaintiff. Caleb Kruckenberg and Steven Simpson appeared on behalf of Defendants. The Court inquired into the scope of Plaintiff's subpoena to JP Morgan Chase as written and its relation to Defendants' anticipated motion to dismiss for lack of personal jurisdiction. Defendants conceded that information regarding wire transfers, if any, processed through the account named in the subpoena may provide evidence relevant to, and potentially dispositive of, the Court's inquiry into whether it has personal jurisdiction over Defendants. Defendants also represented to the Court that, if the Court ultimately concludes that it has personal jurisdiction over Rare Breed Triggers LLC, then the Court would also have personal jurisdiction over the individual defendants. In light of that representation, Plaintiff agreed that the portions of the subpoena related to the individual defendants' contacts with the bank, which would likely elicit information that bears only on the Court's jurisdiction over the individual defendants, are not necessary at this time. The Court also inquired into Plaintiff's request for records that may include the identifying information of Defendants' customers in light of Defendants' expressed privacy concerns. The parties informed the Court that the customers whose information it sought are likely wholesalers/dealers who resell Defendants' products, and their sales will be relevant to the Court's ultimate analysis of Defendants' contacts with the state of New York. For the reasons stated on the record, the Court granted Defendants' motion in part and denied it in part. In particular, the Court denied the motion as it relates to the production of bank records concerning all sales or other financial transactions, including but not limited to wire transfers, associated with this account. The information sought includes, but may not be limited to, Paragraph 1 of Page 3 of Appendix A of the subpoena (ECF No. #17 , Exhibit 1 at 9). The Court denied Defendants' motion to narrow the scope of the subpoena to exclude or redact the third party customers' names or other identifying information. However, JP Morgan Chase need not produce documents relating to its emails, faxes, or other communications with Defendants at this time.Plaintiff shall provide JP Morgan Chase with a copy of this order, and inform the Court if JP Morgan Chase needs any further clarification from this Court as to the scope of production. Ordered by Judge Nina Morrison on 2/14/2023. (FTR Log #6:05-7:05.) (BC)
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| Filing 21 NOTICE of Appearance by Caleb Kruckenberg on behalf of All Defendants (notification declined or already on case) (Kruckenberg, Caleb) |
| Filing 20 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16406930. by Lawrence Demonico, Kevin Maxwell, Rare Breed Firearms, LLC, Rare Breed Triggers, LLC. (Attachments: #1 Affidavit, #2 Certificates of Good Standing) (Kruckenberg, Caleb) |
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ORDER granting #20 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Robert M. Levy on 2/14/2023. (JM)
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| Filing 19 NOTICE of Appearance by Jonathan Morgan Houghton on behalf of All Defendants (notification declined or already on case) (Houghton, Jonathan) |
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SCHEDULING ORDER. The conference previously scheduled for February 15, 2023 is adjourned. Oral argument on Defendants' #17 motion to quash shall take place before Judge Morrison on February 14, 2023 at 5:30 p.m. EST by video. The videoconference access link remains the same. Ordered by Judge Nina R. Morrison on 2/11/2023. (BC)
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| Filing 18 RESPONSE to Motion re #17 MOTION to Quash Letter to Judge Morrison in response to Defendants' Motion to Quash filed by United States of America. (Attachments: #1 Exhibit) (Blume, Michael) |
| Filing 17 MOTION to Quash by Lawrence Demonico, Kevin Maxwell, Rare Breed Firearms, LLC, Rare Breed Triggers, LLC. (Attachments: #1 Exhibit, #2 Proposed Order) (Houghton, Jonathan) |
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SCHEDULING ORDER. Plaintiff shall respond to Defendants' motion to quash #17 on or before February 13, 2023 at 2:00 p.m. EST. Oral argument on Defendants' motion shall take place before Judge Morrison on February 15, 2023 at 5:30 p.m. EST by video. The parties will receive a videoconference access link by email. Ordered by Judge Nina R. Morrison on 2/9/2023. (BC)
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MINUTE ENTRY and ORDER. A video status conference was held before Judge Morrison on February 2, 2023. Michael Blume, Joseph Marutollo, and Paulina Stamatelos appeared on behalf of Plaintiff. Caleb Kruckenberg and Steven Simpson appeared on behalf of Defendants. The Government consented to Mr. Kruckenberg and Mr. Simpson's appearance in advance of the filing of their written motions to appear in this Court pro hac vice. The Court addressed the parties proposed briefing schedule with respect to Plaintiff's motion for a preliminary injunction; Defendants' planned motion to dismiss for lack of personal jurisdiction; and the appropriate scope of discovery with respect to personal jurisdiction and other matters.The parties shall comply with the following procedure. Defendants shall file their motion to dismiss for lack of personal jurisdiction on or before February 16, 2023. Plaintiff shall file its response on or before February 23, 2023. Defendants shall file their reply, if any, on or before March 2, 2023. The parties are relieved of their obligation to comply with the Court's bundling practice outlined in Rule 5.2.3.1 of Judge Morrison's Individual Rules. Defendants indicated that if the Court were willing to first resolve the issue of jurisdiction before permitting discovery as to the merits, they would consent to Plaintiff's request to conduct limited discovery related to the issue of personal jurisdiction. Accordingly, Plaintiff shall serve its discovery requests on Defendants promptly, and if the parties cannot agree on the scope of discovery, Plaintiff may file a letter motion to compel directly with this Court. The Court denied, without prejudice, Plaintiff's request to conduct parallel discovery on issues related to the underlying motion for a preliminary injunction, but recognized that some of the discovery permitted as to jurisdiction may also include materials or information that relate to the merits, and urged Defendants to not unreasonably oppose or narrow its responses to such requests, so that the parties may timely conduct such discovery and facilitate the Court's prompt resolution of Defendants' motion to dismiss based on a complete record.If the Court concludes that it has personal jurisdiction over Defendants, a preliminary injunction hearing shall take place on April 26, 2023 at 10:30 a.m. EST in Courtroom 6E North of the Brooklyn Courthouse in the Eastern District of New York. On consent of the parties, the temporary restraining order currently in place is extended until and including April 30, 2023, unless the Court dismisses the case for lack of personal jurisdiction before that date or the temporary restraining order is rendered moot before that date as a result of the Court's decision on Plaintiff's motion for a preliminary injunction. The parties shall confer after briefing on Defendants' motion to dismiss is complete and propose a briefing schedule to the Court in advance of the preliminary injunction hearing. Ordered by Judge Nina R. Morrison on 2/2/2023. (Court Reporter Sophie Nolan.) (BC)
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| Filing 16 Letter to Judge Morrison re: Defendants' Response to the Order to Show Cause by United States of America (Stamatelos, Paulina) |
| Filing 15 RESPONSE TO ORDER TO SHOW CAUSE by Lawrence Demonico, Kevin Maxwell, Rare Breed Firearms, LLC, Rare Breed Triggers, LLC (Houghton, Jonathan) |
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ORDER. Defendants' unopposed motion #15 to convert tomorrow's preliminary injunction hearing to a status conference is granted. The Court will address the other matters in Defendants' response, including but not limited to the parties' proposed briefing schedules on the issues that remain in dispute, at the conference. Ordered by Judge Nina R. Morrison on 2/1/2023. (BC)
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| MINUTE ENTRY. An ex parte hearing was held before Judge Morrison on January 24, 2023 regarding Plaintiff's motion for a temporary restraining order. Joseph Marutollo and Michael Blume appeared on behalf on Plaintiff. Sworn testimony was heard from Daniel Koneschusky. The Court heard argument on Plaintiff's motion, specifically inquiring into whether and why Defendants' alleged conduct satisfies the requirements of 18 U.S.C. 1345. The Court granted Plaintiff's motion and set a schedule. A full transcript of this ex parte hearing has been filed on the docket #14 . (Court Reporter Linda Marino.) (BC) |
| Filing 14 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on January 24, 2023, before Judge Nina R. Morrison. Court Reporter/Transcriber Linda A. Marino, Telephone number 718-613-2484. Email address: lindacsr@aol.com. Transcript may be viewed at the court 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 2/17/2023. Redacted Transcript Deadline set for 2/27/2023. Release of Transcript Restriction set for 4/27/2023. (Marino, Linda) |
| Filing 13 SUMMONS Returned Executed by United States of America. Lawrence Demonico served on 1/26/2023, answer due 2/16/2023; Kevin Maxwell served on 1/26/2023, answer due 2/16/2023; Rare Breed Firearms, LLC served on 1/26/2023, answer due 2/16/2023; Rare Breed Triggers, LLC served on 1/26/2023, answer due 2/16/2023. (Marutollo, Joseph) |
| Filing 12 First MOTION to Unseal Case United States of America v. Rare Breed Triggers, LLC et al by United States of America. (FV) |
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ORDER granting #12 Motion to Unseal Case. Ordered by Judge Nina R. Morrison on 1/26/2023. (FV)
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Filing 11
ORDER: Plaintiffs motion for a temporary restraining order and order to show cause #5 is granted. The parties shall comply with the procedures outlined in the attached order. A hearing shall take place by video, unless counsel for Defendants elect to appear in person, on February 2, 2023 at 2:30 p.m. EST before Judge Morrison. The parties will receive a video conference access link by email after counsel for Defendants enter an appearance. (FV)
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SCHEDULING ORDER: An ex parte hearing shall take place on January 24, 2023, at 2:30PM in Courtroom 6E North. Ordered by Judge Nina R. Morrison on 1/23/2023. (FV)
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Filing 10
ORDER granting #6 Motion to Seal. Ordered by Judge Nina R. Morrison on 1/20/2023. (FV)
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| Filing 9 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (KD) |
| Filing 8 Summons Issued as to Lawrence Demonico, Kevin Maxwell, Rare Breed Firearms, LLC, Rare Breed Triggers, LLC. (KD) |
| Filing 7 DECLARATION of Daniel Koneschusky by United States of America (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit I, #7 Exhibit L, #8 Exhibit N, #9 Exhibit O, #10 Exhibit P, #11 Exhibit R, #12 Exhibit S, #13 Exhibit T, #14 Certificate Rule 65)(Exhibits F, G,H,J,K,M,and Q are voluminous and filed in hard copy, Exhibits H and J are videos. (KD) |
| Filing 6 MOTION to Seal Docket Temporarily by United States of America. (Attachments: #1 Proposed Order) (KD) |
| Filing 5 MOTION for Temporary Restraining Order And Order to Show Cause by United States of America. (Attachments: #1 Proposed Order) (KD) |
| Filing 4 NOTICE of Appearance by Paulina Stamatelos on behalf of United States of America (notification declined or already on case) (KD) |
| Filing 3 NOTICE of Appearance by Joseph Anthony Marutollo on behalf of United States of America (notification declined or already on case) (KD) |
| Filing 2 NOTICE of Appearance by Michael S. Blume on behalf of United States of America (notification declined or already on case) (KD) |
| Filing 1 COMPLAINT against Lawrence Demonico, Kevin Maxwell, Rare Breed Firearms, LLC, Rare Breed Triggers, LLC, filed by United States of America. (Attachments: #1 Civil Cover Sheet, #2 Sealing Cover Sheet) (KD) |
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