New York State Rifle & Pistol Association, Inc. et al v. Beach et al
| Robert Nash, New York State Rifle & Pistol Association, Inc. and Brandon Koch |
| George P. Beach, III, Richard J. McNally, Jr. and George P. Beach, II |
| Everytown for Gun Safety |
| 1:2018cv00134 |
| February 1, 2018 |
| US District Court for the Northern District of New York |
| Albany Office |
| Albany |
| Andrew T Baxter |
| Brenda K Sannes |
| Constitutional - State Statute |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 22, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 35 ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals re #34 Notice of Appeal. (Attachments: #1 Civil Appeals Packet)(hmr) |
| Filing 34 NOTICE OF APPEAL as to #33 Judgment, #32 Order on Motion to Dismiss for Failure to State a Claim by Brandon Koch, Robert Nash, New York State Rifle & Pistol Association, Inc.. Filing fee $ 505, receipt number ANYNDC-4618401. (Attachments: #1 Exhibit(s) Memorandum-Decision and Order, #2 Exhibit(s) Judgment in a Civil Case)(Baynes, Kathleen) |
| Filing 33 JUDGMENT in favor of George P. Beach, II, Richard J. McNally, Jr. against New York State Rifle & Pistol Association, Inc., Brandon Koch, Robert Nash. (rjb, ) |
Filing 32
ORDER granting #19 Motion to Dismiss for Failure to State a Claim and dismissing the #31 Amended Complaint with prejudice. Signed by Judge Brenda K. Sannes on 12/17/2018. (rjb,)
|
| ***Answer due date updated for George P. Beach, II answer due 5/30/2018; Richard J. McNally, Jr. answer due 5/30/2018. As noted in the 30 Text Order, defts' motion to dismiss shall apply to the complaint as amended and the new pltf, without the need to re-file the motion. (see) |
| Filing 31 AMENDED COMPLAINT against All Defendants filed by New York State Rifle & Pistol Association, Inc., Robert Nash, Brandon Koch.(Baynes, Kathleen) |
| Filing 30 TEXT ORDER: GRANTING #28 plaintiff's motion to amend/join plaintiff and #29 plaintiff's letter motion. Defendants, reportedly, do not object to the motion to amend and join an additional plaintiff. By agreement of the parties and without objection of this court, #19 defendants' motion to dismiss shall apply to the complaint as amended and the new plaintiff, without the need to re-file the motion to dismiss or any of the subsequently-filed briefs, or the need of the new plaintiff to file any further opposition to the motion to dismiss. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 5/16/2018. (nmk) |
| Filing 29 Letter Motion from Kathleen McCaffrey Baynes, Esq. for Robert Nash, New York State Rifle & Pistol Association, Inc. requesting Leave to Amend Complaint submitted to Judge Baxter . (Baynes, Kathleen) |
| Filing 28 MOTION to Amend/Correct Complaint Motion Hearing set for 6/28/2018 09:30 AM in Syracuse before US Magistrate Judge Andrew T. Baxter Response to Motion due by 6/11/2018 filed by Robert Nash, New York State Rifle & Pistol Association, Inc.. (Attachments: #1 Affidavit, #2 Proposed Amended Pleading, #3 Exhibit(s), #4 Memorandum of Law) Motions referred to Andrew T. Baxter. (Baynes, Kathleen) |
| Filing 27 REPLY to Response to Motion re #19 MOTION to Dismiss for Failure to State a Claim filed by George P. Beach, III, Richard J. McNally, Jr.. (Munkwitz, Kelly) |
| Filing 26 MEMORANDUM OF LAW re #19 Motion to Dismiss for Failure to State a Claim, filed by Robert Nash, New York State Rifle & Pistol Association, Inc.. (Baynes, Kathleen) |
| Filing 25 MEMORANDUM OF LAW re #19 Motion to Dismiss for Failure to State a Claim, As Amicus Curiae in Support of Defendants filed by Everytown for Gun Safety. (Attachments: #1 Appendix Appendix of Historical Gun Las of Amicus Curiae Everytown for Gun Safety)(Maazel, Ilann) |
|
Filing 24
TEXT ORDER: The motion of Everytown for Gun Safety (Everytown) for leave to participate as amicus curiae #23 is GRANTED. Since Everytown seeks to provide historical analysis regarding firearms laws to assist the Court in resolving the Plaintiffs' constitutional challenge to a New York State firearms licensing law; the parties consent to the participation of Everytown as amicus curiae; and the motion was filed shortly after the Defendants' motion to dismiss, the Court finds that the information offered is timely and useful. See United States v. Heleniak, No. 14-CR-42A, 2015 WL 4208622, at *4, 2015 U.S. Dist. LEXIS 89728, at *9 (W.D.N.Y. July 10, 2015); Avitabile v. Beach, 277 F.Supp. 3d 326, 330 (N.D.N.Y. 2017). Everytown is directed to file on the docket its Memorandum, which is currently attached to its motion as Exhibit 3 ( #23 -3). The deadline for further briefing is extended to give the parties time to respond to Everytown's memorandum. The Response to Defendants' motion is due by 5/7/18 and the Reply is due by 5/14/18. SO ORDERED by Judge Brenda K. Sannes on 4/3/18. (rjb, )
|
| Reset Deadlines as to #19 MOTION to Dismiss for Failure to State a Claim - Response to Motion due by 5/7/2018; Reply to Response to Motion due by 5/14/2018. Motion will be heard on submission of the papers unless otherwise directed by the Court. (rjb, ) |
| Filing 23 Consent MOTION for Leave to File Amicus Brief in Supportof Defendants' Motion to Dismiss the Complaint filed by Everytown for Gun Safety. (Attachments: #1 Consent Motion of Everytown for Gun Safety for Leave to Participate as Amicus Curiae, #2 Declaration Declaration in Support of Everytown for Gun Safety's Motion for Leave to Participate as Amicus Curiae, #3 Exhibit(s) Memorandum of Everytown for Gun Safety as Amicus Curiae in Support of Defendants, #4 Exhibit(s) [Proposed] Order Granting Motion of Everytown for Gun Safety for Leave to Participate as Amicus Curiae) Motions referred to Andrew T. Baxter. (Maazel, Ilann) |
| Filing 22 NOTICE of Appearance by Ogilvie Wilson on behalf of Everytown for Gun Safety (Wilson, Ogilvie) |
| Filing 21 NOTICE of Appearance by Ilann M. Maazel on behalf of Everytown for Gun Safety (Maazel, Ilann) |
| Filing 20 TEXT ORDER: The Rule 16 conference set for 5/2/2018 and 4/25/2018 deadline for the submission of a joint Civil Case Management Plan and exchange of Mandatory Disclosures are ADJOURNED WITHOUT DATE. The hearing and related deadlines will be reset, if deemed necessary, after disposition of the #19 motion to dismiss. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 3/29/2018. (nmk) |
| Filing 19 MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 5/3/2018 10:00 AM in Syracuse before Judge Brenda K. Sannes Response to Motion due by 4/16/2018 Reply to Response to Motion due by 4/23/2018. filed by George P. Beach, III, Richard J. McNally, Jr.. (Attachments: #1 Exhibit(s) in Support of Motion to Dismiss) (Munkwitz, Kelly) |
| Filing 18 TEXT ORDER: granting #13 Letter Request. The deadline for George P. Beach, III and Richard J. McNally, Jr. to answer or otherwise respond to the complaint is extended to 3/26/2018. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 2/9/2018. (nmk) |
| Filing 17 NOTICE by Robert Nash, New York State Rifle & Pistol Association, Inc. re #5 Notice of Admission Requirement, (Thompson, David) |
| Filing 16 NOTICE of Appearance by John D. Ohlendorf on behalf of All Plaintiffs (Ohlendorf, John) |
| Filing 15 NOTICE of Appearance by Peter A. Patterson on behalf of All Plaintiffs (Patterson, Peter) |
| Filing 14 NOTICE of Appearance by David H. Thompson on behalf of All Plaintiffs (Thompson, David) |
| Filing 13 Letter Motion from Kelly L. Munkwitz for George P. Beach, III, Richard J. McNally, Jr. requesting an extention of time to respond to the complaint submitted to Judge Andrew T. Baxter . (Munkwitz, Kelly) |
| Filing 12 NOTICE of Appearance by Kelly L. Munkwitz on behalf of All Defendants (Munkwitz, Kelly) |
| Filing 11 TEXT ORDER: granting #6 , #7 and #8 Motions for Limited Admission Pro Hac Vice. Attorneys David H. Thompson, John D. Ohlendorf and Peter A. Patterson are hereby admitted to practice in this action on behalf of New York State Rifle & Pistol Association, Inc. and Robert Nash. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen;. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 2/7/2018. (nmk) |
| ***Answer due date updated for George P. Beach, III answer due 2/23/2018; Richard J. McNally, Jr. answer due 2/23/2018. (see) |
| Filing 10 AFFIDAVIT of Service for Summons, Complaint, Filing Order, Corporate Disclosure Statement served on Richard J. McNally, Jr. on 2/2/18, filed by Robert Nash, New York State Rifle & Pistol Association, Inc.. (Baynes, Kathleen) |
| Filing 9 AFFIDAVIT of Service for Summons, Complaint, Filing Order, Corporate Disclosure Statement served on George P. Beach, II, via Maureen Price, Counsel's Office/Designated to Accept on 2/2/18, filed by Robert Nash, New York State Rifle & Pistol Association, Inc.. (Baynes, Kathleen) |
| Filing 8 MOTION for Limited Admission Pro Hac Vice of Peter A. Patterson Filing fee $100, receipt number ANYNDC-4278963. filed by New York State Rifle & Pistol Association, Inc.. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Affidavit) Motions referred to Andrew T. Baxter. (Baynes, Kathleen) |
| Filing 7 MOTION for Limited Admission Pro Hac Vice of John D. Ohlendorf Filing fee $100, receipt number ANYNDC-4278945. filed by New York State Rifle & Pistol Association, Inc.. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Affidavit) Motions referred to Andrew T. Baxter. (Baynes, Kathleen) |
| Filing 6 MOTION for Limited Admission Pro Hac Vice of David H. Thompson Filing fee $100, receipt number BNYNDC-4278853. filed by New York State Rifle & Pistol Association, Inc.. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Affidavit, #4 Exhibit(s)) Motions referred to Andrew T. Baxter. (Baynes, Kathleen) |
| Filing 5 NOTICE of Admission Requirement as to Party Plaintiffs; Attorneys David H. Thompson, Peter A. Patterson, and John D. Ohlendorf. Phone number is 202-220-9600. Admissions due by 2/15/2018. (Letter mailed by regular mail on 2/1/2018 to all three attorneys)(see) |
| Filing 4 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by New York State Rifle & Pistol Association, Inc. (see) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 5/2/2018 at 10:00 AM by telephone, unless the parties are specifically directed to appear, before US Magistrate Judge Andrew T. Baxter. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 4/25/2018. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (see) |
| Filing 2 Summonses Issued as to George P. Beach, III and Richard J. McNally, Jr. (Attachments: #1 Summons for Richard J. McNally, Jr.)(see) |
| Filing 1 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against George P. Beach, III and Richard J. McNally, Jr. (Filing fee $400 receipt number ANYNDC-4273520) filed by New York State Rifle & Pistol Association, Inc. and Robert Nash. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Civil Cover Sheet)(see) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
