Everytown for Gun Safety Support Fund v. Bureau of Alcohol, Tobacco, Firearms, and Explosives
Plaintiff: Everytown for Gun Safety Support Fund
Defendant: Bureau of Alcohol, Tobacco, Firearms, and Explosives
Case Number: 1:2018cv02296
Filed: March 15, 2018
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Alison J Nathan
Nature of Suit: Freedom of Information Act
Cause of Action: 05 U.S.C. § 552
Jury Demanded By: None
RSS RSS Track this Docket
Docket Report

This docket was last retrieved on February 25, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 1, 2019 Opinion or Order Filing 48 ORDER granting #46 LETTER MOTION to Stay re: #39 Clerk's Judgment. In light of Plaintiffs consent, Dkt. No. 47, Defendant's request for a stay of the judgment pending appeal is hereby GRANTED. See Dkt. No. 46. SO ORDERED (Signed by Judge Alison J. Nathan on 11/1/2019) (jca)
October 31, 2019 Filing 47 LETTER RESPONSE to Motion addressed to Judge Alison J. Nathan from James Miller dated October 31, 2019 re: #46 LETTER MOTION to Stay re: #39 Clerk's Judgment,, addressed to Judge Alison J. Nathan from AUSA Tomoko Onozawa dated 10/28/2019. . Document filed by Everytown for Gun Safety Support Fund. (Miller, James)
October 28, 2019 Filing 46 LETTER MOTION to Stay re: #39 Clerk's Judgment,, addressed to Judge Alison J. Nathan from AUSA Tomoko Onozawa dated 10/28/2019. Document filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives.(Onozawa, Tomoko)
October 21, 2019 Filing 45 NOTICE OF APPEAL from #39 Clerk's Judgment,,. Document filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Onozawa, Tomoko)
October 21, 2019 Appeal Fee Not Required for #45 Notice of Appeal. Appeal filed by U.S. Government. (tp)
October 21, 2019 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #45 Notice of Appeal. (tp)
October 21, 2019 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #45 Notice of Appeal filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives were transmitted to the U.S. Court of Appeals. (tp)
October 8, 2019 Opinion or Order Filing 44 ORDER granting in part and denying in part #42 Letter Motion to Stay. Defendant's motion for a stay is GRANTED in part. On consent, the judgment is stayed until October 21, 2019, pending Defendant's consideration of whether to appeal. Defendant's motion for a stay pending the disposition of its appeal is DENIED with leave to refile. If Defendant chooses to appeal, then Defendant must renew its motion to stay the judgment pending appeal within one week of filing a notice of appeal. The parties shall meet and confer to consider stipulating to a stay pending appeal. In the absence of agreement, Plaintiff's Opposition shall be due one week after the motion to stay is filed, and any Reply shall be due three days after the Opposition deadline. Furthermore, if Defendant chooses to appeal, then the stay granted in this Order will extend through the resolution of Defendant's renewed motion to stay the judgment pending appeal. This resolves Dkt. No. 42. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/7/19) (yv)
October 7, 2019 Filing 43 LETTER REPLY to Response to Motion addressed to Judge Alison J. Nathan from James Miller dated October 7, 2019 re: #42 LETTER MOTION to Stay re: #39 Clerk's Judgment,, pending defendant ATF's consideration of whether to appeal, and should the Solicitor General decide to appeal, a stay pending appeal to take effect upon filing a notice of appeal, a . Document filed by Everytown for Gun Safety Support Fund. (Attachments: #1 Exhibit Exhibit 1 - Correspondence)(Miller, James)
October 2, 2019 Filing 42 LETTER MOTION to Stay re: #39 Clerk's Judgment,, pending defendant ATF's consideration of whether to appeal, and should the Solicitor General decide to appeal, a stay pending appeal to take effect upon filing a notice of appeal, addressed to Judge Alison J. Nathan from AUSA Tomoko Onozawa dated October 2, 2019. Document filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives.(Onozawa, Tomoko)
September 10, 2019 Filing 41 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/12/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
September 10, 2019 Filing 40 TRANSCRIPT of Proceedings re: CONFERENCE held on 8/12/2019 before Judge Alison J. Nathan. Court Reporter/Transcriber: Raquel Robles, (212) 805-0300. 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. Redaction Request due 10/1/2019. Redacted Transcript Deadline set for 10/11/2019. Release of Transcript Restriction set for 12/9/2019.(McGuirk, Kelly)
August 21, 2019 Filing 39 CLERK'S JUDGMENT re: #38 Memorandum & Opinion. in favor of Everytown for Gun Safety Support Fund against Bureau of Alcohol, Tobacco, Firearms, and Explosives. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated August 19, 2019, ATF's motion for summary judgment is denied, and Everytown's motion for summary judgment is granted; the ATF is hereby ordered to produce the requested records; accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 08/21/2019) (Attachments: #1 Notice of Right to Appeal)(dt)
August 19, 2019 Opinion or Order Filing 38 OPINION & ORDER re: #29 CROSS MOTION for Summary Judgment . filed by Everytown for Gun Safety Support Fund, #17 MOTION for Summary Judgment . filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives. For the foregoing reasons, ATF's motion for summary judgment is DENIED, and Everytown's motion for summary judgment is GRANTED. The ATF is hereby ordered to produce the requested records. The Clerk of Court is respectfully requested to enter judgment and close this case. This resolves Dkt. Nos. 17 and 29. SO ORDERED. (Signed by Judge Alison J. Nathan on 8/19/2019) (kv) Transmission to Orders and Judgments Clerk for processing.
August 12, 2019 Minute Entry for proceedings held before Judge Alison J. Nathan. Oral Argument held. Decision reserved. See transcript for complete details. (Court Reporter Raquel Robles) (qs)
August 6, 2019 Opinion or Order Filing 37 ORDER granting #25 Letter Motion for Oral Argument. The Court will hold oral argument on the cross-motions for summary judgment currently pending in the above-captioned matter on Monday, August 12, 2019 at 10 a.m. This resolves Dkt. No. 25. So Ordered. (Signed by Judge Alison J. Nathan on 8/6/2019) (js) Modified on 8/7/2019 (js).
August 6, 2019 Set/Reset Hearings: Oral Argument set for 8/12/2019 at 10:00 AM before Judge Alison J. Nathan. (js)
March 5, 2019 Filing 36 LETTER addressed to Judge Alison J. Nathan from AUSA Tomoko Onozawa dated 3/5/2019 re: the parties' cross-motions for summary judgment. Document filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives.(Onozawa, Tomoko)
January 25, 2019 Filing 35 NOTICE OF CHANGE OF ADDRESS by James E. Miller on behalf of Everytown for Gun Safety Support Fund. New Address: Everytown Law, 450 Lexington Ave, #4184, New York, NY, United States 10017,. (Miller, James)
December 27, 2018 Case Stayed (mro)
December 27, 2018 Opinion or Order Filing 34 STANDING ORDER M10-468: The United States Attorney's Office shall notify the Court immediately upon the restoration of Department of Justice funding. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 12/27/2018) (mro)
December 18, 2018 Filing 33 DECLARATION of Alla Lefkowitz, Esq. in Support re: #29 CROSS MOTION for Summary Judgment .. Document filed by Everytown for Gun Safety Support Fund. (Attachments: #1 Exhibit A-D)(Lustberg, Lawrence)
December 18, 2018 Filing 32 REPLY MEMORANDUM OF LAW in Support re: #29 CROSS MOTION for Summary Judgment . . Document filed by Everytown for Gun Safety Support Fund. (Lustberg, Lawrence)
December 18, 2018 Filing 31 DECLARATION of Alla Lefkowitz, Esq. in Support re: #29 CROSS MOTION for Summary Judgment .. Document filed by Everytown for Gun Safety Support Fund. (Attachments: #1 Exhibit A-H)(Lustberg, Lawrence)
December 18, 2018 Filing 30 MEMORANDUM OF LAW in Support re: #29 CROSS MOTION for Summary Judgment . . Document filed by Everytown for Gun Safety Support Fund. (Lustberg, Lawrence)
December 18, 2018 Filing 29 CROSS MOTION for Summary Judgment . Document filed by Everytown for Gun Safety Support Fund.(Lustberg, Lawrence)
December 18, 2018 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Lawrence S. Lustberg to RE-FILE Document #24 CROSS MOTION for Summary Judgment . ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi)
December 18, 2018 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Lawrence S. Lustberg to RE-FILE Document #28 Reply Memorandum of Law in Support of Motion. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi)
November 30, 2018 Filing 28 FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY MEMORANDUM OF LAW in Support re: #24 CROSS MOTION for Summary Judgment . . Document filed by Everytown for Gun Safety Support Fund. (Attachments: #1 Affidavit Alla Lefkowitz, Esq., #2 Exhibit Exhs. A-D)(Lustberg, Lawrence) Modified on 12/18/2018 (ldi).
November 16, 2018 Filing 27 DECLARATION of Charles J. Houser (Supplemental Declaration) in Support re: #17 MOTION for Summary Judgment .. Document filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives. (Attachments: #1 Exhibit D, #2 Exhibit E)(Onozawa, Tomoko)
November 16, 2018 Filing 26 REPLY MEMORANDUM OF LAW in Support re: #17 MOTION for Summary Judgment . and in Opposition to Plaintiff's Cross-Motion for Summary Judgment. Document filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives. (Onozawa, Tomoko)
November 2, 2018 Filing 25 LETTER MOTION for Oral Argument regarding Cross Motions for Summary Judgment addressed to Judge Alison J. Nathan from Lawrence S. Lustberg, Esq. dated 11/2/2018. Document filed by Everytown for Gun Safety Support Fund.(Lustberg, Lawrence)
November 2, 2018 Filing 24 CROSS MOTION for Summary Judgment . Document filed by Everytown for Gun Safety Support Fund. Responses due by 11/16/2018 (Attachments: #1 Brief in Support of Cross Motion for Summary Judgment and in Opposition to Defendant's Motion for Summary Judgment, #2 Affidavit Attorney Alla Lefkowitz, #3 Exhibit Exhibits A-H)(Lustberg, Lawrence)
November 2, 2018 Filing 23 NOTICE OF APPEARANCE by James E. Miller on behalf of Everytown for Gun Safety Support Fund. (Miller, James)
October 2, 2018 Opinion or Order Filing 22 ORDER granting #20 Letter Motion for Leave to File Document. The ATF may submit the declaration described below on October 1, 2018. This resolves Dkt. No. 20. (Signed by Judge Alison J. Nathan on 10/2/2018) (tro)
October 1, 2018 Filing 21 DECLARATION of Charles J. Houser in Support re: #17 MOTION for Summary Judgment .. Document filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Onozawa, Tomoko)
September 28, 2018 Filing 20 LETTER MOTION for Leave to File Signed Declaration of Charles J. Houser, previously filed as ECF No. 19 addressed to Judge Alison J. Nathan from AUSA Tomoko Onozawa dated 9/28/2018. Document filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives.(Onozawa, Tomoko)
September 28, 2018 Filing 19 DECLARATION of Charles J. Houser in Support re: #17 MOTION for Summary Judgment .. Document filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Onozawa, Tomoko)
September 28, 2018 Filing 18 MEMORANDUM OF LAW in Support re: #17 MOTION for Summary Judgment . . Document filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives. (Onozawa, Tomoko)
September 28, 2018 Filing 17 MOTION for Summary Judgment . Document filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives. Responses due by 11/2/2018(Onozawa, Tomoko)
September 13, 2018 Opinion or Order Filing 16 ORDER granting #15 Letter Motion for Extension of Time to File: SO ORDERED. (Signed by Judge Alison J. Nathan on 9/12/2018) (jwh)
September 13, 2018 Set/Reset Deadlines: Motions due by 9/28/2018. Cross Motions due by 11/2/2018. Responses due by 11/16/2018. Replies due by 11/30/2018. (jwh)
September 12, 2018 Filing 15 LETTER MOTION for Extension of Time to File Cross-Motions for Summary Judgment addressed to Judge Alison J. Nathan from AUSA Tomoko Onozawa dated 9/12/2018. Document filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives.(Onozawa, Tomoko)
July 13, 2018 Opinion or Order Filing 14 ORDER granting #13 Letter Motion to Adjourn Conference. The parties' joint request to be relieved of their obligation to submit a proposed Case Management Plan is GRANTED. The Court also SO ORDERS the parties' proposed briefing schedule for summary judgment practice. Accordingly, the initial pretrial conference previously scheduled for July 20, 2018 is hereby adjourned sine die. (Signed by Judge Alison J. Nathan on 7/13/2018) (cf)
July 12, 2018 Filing 13 LETTER MOTION to Adjourn Conference and Concerning Case Management Plan and Summary Judgment Briefing Schedule addressed to Judge Alison J. Nathan from Lawrence S. Lustberg dated July 12, 2018. Document filed by Everytown for Gun Safety Support Fund. (Attachments: #1 Exhibit)(Lustberg, Lawrence)
June 21, 2018 Filing 12 NOTICE OF APPEARANCE by Avram David Frey on behalf of Everytown for Gun Safety Support Fund. (Frey, Avram)
April 23, 2018 Filing 11 ANSWER to #1 Complaint,. Document filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives.(Onozawa, Tomoko)
April 20, 2018 Filing 10 CERTIFICATE OF SERVICE. Bureau of Alcohol, Tobacco, Firearms, and Explosives served on 3/28/2018, answer due 4/18/2018. Service was made by Mail. Document filed by Everytown for Gun Safety Support Fund. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Lustberg, Lawrence)
April 4, 2018 Filing 9 NOTICE OF APPEARANCE by Tomoko Onozawa on behalf of Bureau of Alcohol, Tobacco, Firearms, and Explosives. (Onozawa, Tomoko)
March 19, 2018 Opinion or Order Filing 8 NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on Friday, July 20th, 2018 at 3:00 pm in Courtroom 906 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York. Initial Conference set for 7/20/2018 at 3:00 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 3/19/2018) (js)
March 16, 2018 Filing 7 ELECTRONIC SUMMONS ISSUED as to Bureau of Alcohol, Tobacco, Firearms, and Explosives. (pne)
March 16, 2018 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Alla Lefkowitz. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due). The following correction has been made to your case entry: the Fee Status code has been modified to pd (paid). (pne)
March 16, 2018 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pne)
March 16, 2018 Case Designated ECF. (pne)
March 16, 2018 Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pne)
March 15, 2018 Filing 6 NOTICE OF APPEARANCE by Lawrence S. Lustberg on behalf of Everytown for Gun Safety Support Fund. (Lustberg, Lawrence)
March 15, 2018 Filing 5 NOTICE OF APPEARANCE by Eric Anders Tirschwell on behalf of Everytown for Gun Safety Support Fund. (Tirschwell, Eric)
March 15, 2018 Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Everytown for Gun Safety Support Fund.(Lefkowitz, Alla)
March 15, 2018 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Bureau of Alcohol, Tobacco, Firearms, and Explosives, re: #1 Complaint,. Document filed by Everytown for Gun Safety Support Fund. (Lefkowitz, Alla)
March 15, 2018 Filing 2 CIVIL COVER SHEET filed. (Lefkowitz, Alla)
March 15, 2018 Filing 1 COMPLAINT against Bureau of Alcohol, Tobacco, Firearms, and Explosives. (Filing Fee $ 400.00, Receipt Number 0208-14815331)Document filed by Everytown for Gun Safety Support Fund. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Lefkowitz, Alla)

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 Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Everytown for Gun Safety Support Fund v. Bureau of Alcohol, Tobacco, Firearms, and Explosives
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Everytown for Gun Safety Support Fund
Represented By: Lawrence S. Lustberg
Represented By: Alla Lefkowitz
Represented By: Eric Anders Tirschwell
Represented By: Avram David Frey
Represented By: James E. Miller
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Bureau of Alcohol, Tobacco, Firearms, and Explosives
Represented By: Tomoko Onozawa
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

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.

Why Is My Information Online?