New York State Rifle & Pistol Association, Inc. et al v. Beach et al

Plaintiff: Robert Nash and New York State Rifle & Pistol Association, Inc.
Defendant: George P. Beach, III and Richard J. McNally, Jr.
Amicus Curiae: Everytown for Gun Safety
Case Number: 1:2018cv00134
Filed: February 1, 2018
Court: New York Northern District Court
Office: Albany Office
County: Albany
0 Judge: Andrew T Baxter
1 Judge: Brenda K Sannes
Nature of Suit: Constitutional - State Statute
Cause of Action: 42:1983
Jury Demanded By: None

Docket Report

This docket was last retrieved on May 17, 2018. A more recent docket listing may be available from PACER.

Date Filed#Document Text
May 17, 2018 ***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)
May 16, 2018 31 AMENDED COMPLAINT against All Defendants filed by New York State Rifle & Pistol Association, Inc., Robert Nash, Brandon Koch.(Baynes, Kathleen)
May 16, 2018 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)
May 15, 2018 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)
May 15, 2018 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)
May 14, 2018 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)
May 7, 2018 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)
April 3, 2018 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)
April 3, 2018 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, )
April 3, 2018 24 Featured Case 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, )
April 2, 2018 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)
April 2, 2018 22 NOTICE of Appearance by Ogilvie Wilson on behalf of Everytown for Gun Safety (Wilson, Ogilvie)
April 2, 2018 21 NOTICE of Appearance by Ilann M. Maazel on behalf of Everytown for Gun Safety (Maazel, Ilann)
March 29, 2018 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)
March 26, 2018 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)
February 9, 2018 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)
February 9, 2018 17 NOTICE by Robert Nash, New York State Rifle & Pistol Association, Inc. re #5 Notice of Admission Requirement, (Thompson, David)
February 9, 2018 16 NOTICE of Appearance by John D. Ohlendorf on behalf of All Plaintiffs (Ohlendorf, John)
February 9, 2018 15 NOTICE of Appearance by Peter A. Patterson on behalf of All Plaintiffs (Patterson, Peter)
February 9, 2018 14 NOTICE of Appearance by David H. Thompson on behalf of All Plaintiffs (Thompson, David)
February 8, 2018 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)
February 8, 2018 12 NOTICE of Appearance by Kelly L. Munkwitz on behalf of All Defendants (Munkwitz, Kelly)
February 7, 2018 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)
February 6, 2018 ***Answer due date updated for George P. Beach, III answer due 2/23/2018; Richard J. McNally, Jr. answer due 2/23/2018. (see)
February 5, 2018 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)
February 5, 2018 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)
February 5, 2018 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)
February 5, 2018 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)
February 5, 2018 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)
February 1, 2018 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)
February 1, 2018 4 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by New York State Rifle & Pistol Association, Inc. (see)
February 1, 2018 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)
February 1, 2018 2 Summonses Issued as to George P. Beach, III and Richard J. McNally, Jr. (Attachments: #1 Summons for Richard J. McNally, Jr.)(see)
February 1, 2018 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)

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Defendant: George P. Beach, III
Represented By: Kelly L. Munkwitz
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Defendant: Richard J. McNally, Jr.
Represented By: Kelly L. Munkwitz
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Plaintiff: Robert Nash
Represented By: Kathleen McCaffrey Baynes
Represented By: David H. Thompson
Represented By: Peter A. Patterson
Represented By: John D. Ohlendorf
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Plaintiff: New York State Rifle & Pistol Association, Inc.
Represented By: Kathleen McCaffrey Baynes
Represented By: David H. Thompson
Represented By: Peter A. Patterson
Represented By: John D. Ohlendorf
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Amicus curiae: Everytown for Gun Safety
Represented By: Ogilvie Wilson
Represented By: Ilann M. Maazel
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