Everytown for Gun Safety Support Fund et al v. Bureau of Alcohol, Tobacco, Firearms and Explosives et al
| Everytown for Gun Safety Support Fund, The State of Illinois, THE CITY OF KANSAS CITY, MISSOURI, State of Illinois and City of Kansas City, Missouri |
| Bureau of Alcohol, Tobacco, Firearms and Explosives and REGINA LOMBARDO |
| 1:2021cv00376 |
| January 15, 2021 |
| US District Court for the Southern District of New York |
| Andrew L Carter |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 551 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on March 30, 2022. A more recent docket listing may be available from PACER.
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| Filing 59 JOINT LETTER addressed to Judge Andrew L. Carter, Jr. from AUSA Jean-David Barnea dated 3/30/22 re: Status of ATF Inspection. Document filed by Bureau of Alcohol, Tobacco, Firearms and Explosives, Regina Lombardo..(Barnea, Jean-David) |
Filing 58
MEMO ENDORSEMENT on re: #57 Letter filed by Regina Lombardo, Bureau of Alcohol, Tobacco, Firearms and Explosives. ENDORSEMENT: SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 3/14/2022) (ate)
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| Filing 57 JOINT LETTER addressed to Judge Andrew L. Carter, Jr. from AUSA Jean-David Barnea dated 3/11/22 re: Status of ATF Inspection. Document filed by Bureau of Alcohol, Tobacco, Firearms and Explosives, Regina Lombardo..(Barnea, Jean-David) |
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Filing 56
ORDER DENYING SUMMARY JUDGMENT denying without prejudice to renewal by formal motion #36 Motion for Summary Judgment. In light of the ongoing inspection process and concomitant stay of the summary judgment briefing, Plaintiffs' motion for summary judgment, ECF No. 36, is denied without prejudice with leave to renew. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 36. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 3/3/22) (yv)
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| Filing 55 MEMO ENDORSEMENT granting #54 Motion to Withdraw as Attorney. ENDORSEMENT: Application granted. The Clerk of Court is respectfully directed to terminate Joseph H. Margolies. Attorney Joseph Margolies terminated. (Signed by Judge Andrew L. Carter, Jr on 3/3/2022) (ate) |
| Filing 54 MOTION for Joseph H. Margolies to Withdraw as Attorney . Document filed by City of Kansas City, Missouri, Everytown for Gun Safety Support Fund..(Margolies, Joseph) |
| Filing 53 MEMO ENDORSEMENT on re: #52 Letter filed by Regina Lombardo, Bureau of Alcohol, Tobacco, Firearms and Explosives. ENDORSEMENT: Status report due on 3/11/22. (Signed by Judge Andrew L. Carter, Jr on 2/11/2022) (ate) |
| Filing 52 JOINT LETTER addressed to Judge Andrew L. Carter, Jr. from AUSA Jean-David Barnea dated 2/9/22 re: Status of ATF Inspection. Document filed by Bureau of Alcohol, Tobacco, Firearms and Explosives, Regina Lombardo..(Barnea, Jean-David) |
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Filing 51
MEMO ENDORSEMENT on re: #50 Letter Status of ATF Inspection filed by Regina Lombardo, Bureau of Alcohol, Tobacco, Firearms and Explosives. ENDORSEMENT : Joint status report due by 2/9/2022. So Ordered. (Signed by Judge Andrew L. Carter, Jr on 1/12/22) (yv)
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| Filing 50 JOINT LETTER addressed to Judge Andrew L. Carter, Jr. from AUSA Jean-David Barnea dated 1/11/22 re: Status of ATF Inspection. Document filed by Bureau of Alcohol, Tobacco, Firearms and Explosives, Regina Lombardo..(Barnea, Jean-David) |
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Filing 49
MEMO ENDORSEMENT on re: #48 Letter filed by Regina Lombardo, Bureau of Alcohol, Tobacco, Firearms and Explosives. The parties further propose that they provide a further status report to the Court in one monthon or before January 11, 2022. So Ordered. (Signed by Judge Andrew L. Carter, Jr on 12/13/2021) (js)
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| Filing 48 JOINT LETTER addressed to Judge Andrew L. Carter, Jr. from AUSA Jean-David Barnea dated 12/10/21 re: Status of ATF Inspection. Document filed by Bureau of Alcohol, Tobacco, Firearms and Explosives, Regina Lombardo..(Barnea, Jean-David) |
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Filing 47
MEMO ENDORSEMENT on re: #46 Letter Status of ATF Inspection filed by Regina Lombardo, Bureau of Alcohol, Tobacco, Firearms and Explosives. ENDORSEMENT : Joint status report due by Friday, December 10, 2021. So Ordered. (Signed by Judge Andrew L. Carter, Jr on 11/15/21) (yv) Modified on 12/1/2021 (yv).
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| Filing 46 JOINT LETTER addressed to Judge Andrew L. Carter, Jr. from AUSA Jean-David Barnea dated 11/12/21 re: Status of ATF Inspection. Document filed by Bureau of Alcohol, Tobacco, Firearms and Explosives, Regina Lombardo..(Barnea, Jean-David) |
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Filing 45
ORDER granting #44 Letter Motion to Stay re: #44 JOINT LETTER MOTION to Stay Briefing addressed to Judge Andrew L. Carter, Jr. from AUSA Jean-David Barnea dated 10/7/21. The request for a temporary stay of the briefing schedule is GRANTED. A joint status report is due on November 12, 2021. (Signed by Judge Andrew L. Carter, Jr on 10/8/2021) (ate)
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| Filing 44 JOINT LETTER MOTION to Stay Briefing addressed to Judge Andrew L. Carter, Jr. from AUSA Jean-David Barnea dated 10/7/21. Document filed by Bureau of Alcohol, Tobacco, Firearms and Explosives, Regina Lombardo..(Barnea, Jean-David) |
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Filing 43
ORDER granting #42 Letter Motion for Extension of Time to File Response/Reply re #42 LETTER MOTION for Extension of Time to File Response/Reply as to #36 MOTION for Summary Judgment . addressed to Judge Andrew L. Carter, Jr. from AUSA Jean-David Barnea dated 9/14/21. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 9/15/2021) (ks)
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| Set/Reset Deadlines: Cross Motions due by 10/8/2021. Responses due by 11/5/2021 Replies due by 12/1/2021. (ks) |
| Filing 42 LETTER MOTION for Extension of Time to File Response/Reply as to #36 MOTION for Summary Judgment . addressed to Judge Andrew L. Carter, Jr. from AUSA Jean-David Barnea dated 9/14/21. Document filed by Bureau of Alcohol, Tobacco, Firearms and Explosives, Regina Lombardo..(Barnea, Jean-David) |
| Filing 41 ***SELECTED PARTIES***RULE 56.1 STATEMENT. Document filed by Everytown for Gun Safety Support Fund, State of Illinois, City of Kansas City, Missouri, Bureau of Alcohol, Tobacco, Firearms and Explosives, Regina Lombardo. Motion or Order to File Under Seal: #27 .(Gruenstein, Benjamin) |
| Filing 40 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #36 MOTION for Summary Judgment . . Document filed by Everytown for Gun Safety Support Fund, State of Illinois, City of Kansas City, Missouri, Bureau of Alcohol, Tobacco, Firearms and Explosives, Regina Lombardo. Motion or Order to File Under Seal: #27 .(Gruenstein, Benjamin) |
| Filing 39 DECLARATION of Aaron Esty in Support re: #36 MOTION for Summary Judgment .. Document filed by City of Kansas City, Missouri, Everytown for Gun Safety Support Fund, State of Illinois. (Attachments: #1 Exhibit 1.1, #2 Exhibit 1.2, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21).(Gruenstein, Benjamin) |
| Filing 38 RULE 56.1 STATEMENT. Document filed by City of Kansas City, Missouri, Everytown for Gun Safety Support Fund, State of Illinois..(Gruenstein, Benjamin) |
| Filing 37 MEMORANDUM OF LAW in Support re: #36 MOTION for Summary Judgment . (Public Redacted Version). Document filed by City of Kansas City, Missouri, Everytown for Gun Safety Support Fund, State of Illinois..(Gruenstein, Benjamin) |
| Filing 36 MOTION for Summary Judgment . Document filed by City of Kansas City, Missouri, Everytown for Gun Safety Support Fund, State of Illinois..(Gruenstein, Benjamin) |
| Filing 35 NOTICE OF CHANGE OF ADDRESS by Alla Lefkowitz on behalf of City of Kansas City, Missouri, Everytown for Gun Safety Support Fund. New Address: Everytown Law, P.O. Box 14780, Washington, DC, United States 20044, 202-545-3257, ext. 1007..(Lefkowitz, Alla) |
| Filing 34 NOTICE of Filing of Supplemental Administrative Record. Document filed by Bureau of Alcohol, Tobacco, Firearms and Explosives. (Attachments: #1 Exhibit ATF 757-889, #2 Exhibit ATF 890-942, #3 Exhibit ATF 943-964, #4 Exhibit ATF 965-983, #5 Exhibit ATF 984-1022, #6 Exhibit Redaction Log).(Barnea, Jean-David) |
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Filing 33
MEMO ENDORSEMENT on re: #32 Letter re: Second Extension of the Briefing Schedule filed by Everytown for Gun Safety Support Fund. ENDORSEMENT: SO ORDERED., Cross Motions due by 9/24/2021., Motions due by 8/13/2021., Responses due by 10/22/2021, Replies due by 11/12/2021. (Signed by Judge Andrew L. Carter, Jr on 8/4/2021) (rj)
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| Filing 32 LETTER addressed to Judge Andrew L. Carter, Jr. from All Parties dated August 3, 2021 re: Second Extension of the Briefing Schedule. Document filed by Everytown for Gun Safety Support Fund..(Gruenstein, Benjamin) |
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Filing 31
MEMO ENDORSEMENT on re: #30 Letter filed by Everytown for Gun Safety Support Fund. ENDORSEMENT: SO ORDERED. ( Cross Motions due by 9/17/2021., Motions due by 8/6/2021., Responses due by 10/15/2021, Replies due by 11/5/2021.) (Signed by Judge Andrew L. Carter, Jr on 6/22/2021) (vfr)
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| Filing 30 LETTER addressed to Judge Andrew L. Carter, Jr. from All Parties dated June 21, 2021 re: Extension of the Briefing Schedule. Document filed by Everytown for Gun Safety Support Fund..(Gruenstein, Benjamin) |
| Filing 29 ***SELECTED PARTIES***NOTICE of Filing of Administrative Record (Produced to Plaintiffs) re: #21 LETTER MOTION to Seal and For Entry of Protective Order addressed to Judge Andrew L. Carter, Jr. from Stephen Cha-Kim dated 4/23/2021.. Document filed by Bureau of Alcohol, Tobacco, Firearms and Explosives, Regina Lombardo, City of Kansas City, Missouri, Everytown for Gun Safety Support Fund, State of Illinois. (Attachments: #1 ATF 712 - 746)Motion or Order to File Under Seal: #21 .(Cha-Kim, Stephen) |
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Filing 28
ORDER granting #21 Letter Motion to Seal. The Court grants the government leave to file portions of the AR under seal.. (Signed by Judge Andrew L. Carter, Jr on 4/26/2021) (nb)
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Filing 27
PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Andrew L. Carter, Jr on 4/26/2021) (vf)
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| Filing 26 DECLARATION of Megan Bennett in Support re: #21 LETTER MOTION to Seal and For Entry of Protective Order addressed to Judge Andrew L. Carter, Jr. from Stephen Cha-Kim dated 4/23/2021.. Document filed by Bureau of Alcohol, Tobacco, Firearms and Explosives, Regina Lombardo..(Cha-Kim, Stephen) |
| Filing 25 NOTICE of Filing of Administrative Record (Redacted as Proposed)) re: #21 LETTER MOTION to Seal and For Entry of Protective Order addressed to Judge Andrew L. Carter, Jr. from Stephen Cha-Kim dated 4/23/2021.. Document filed by Bureau of Alcohol, Tobacco, Firearms and Explosives, Regina Lombardo. (Attachments: #1 ATF 1 - 100, #2 ATF 101 - 200, #3 ATF 201 - 300, #4 ATF 301 - 400, #5 ATF 401 - 500, #6 ATF 501 - 600, #7 ATF 601 - 635, #8 ATF 636 - 670, #9 ATF 671 - 756).(Cha-Kim, Stephen) |
| Filing 24 ***SELECTED PARTIES***NOTICE of Filing of Administrative Record (Produced to Plaintiffs) re: #21 LETTER MOTION to Seal and For Entry of Protective Order addressed to Judge Andrew L. Carter, Jr. from Stephen Cha-Kim dated 4/23/2021.. Document filed by Bureau of Alcohol, Tobacco, Firearms and Explosives, Regina Lombardo, City of Kansas City, Missouri, Everytown for Gun Safety Support Fund, State of Illinois. (Attachments: #1 ATF 1 - 100, #2 ATF 101 - 200, #3 ATF 201 - 300, #4 ATF 301 - 400, #5 ATF 401 - 500, #6 ATF 501 - 600, #7 ATF 601 - 630, #8 ATF 631 - 661, #9 ATF 662 - 711, 747 - 756)Motion or Order to File Under Seal: #21 .(Cha-Kim, Stephen) |
| Filing 23 ***EX-PARTE***NOTICE of Filing of Administrative Record (Unredacted) re: #21 LETTER MOTION to Seal and For Entry of Protective Order addressed to Judge Andrew L. Carter, Jr. from Stephen Cha-Kim dated 4/23/2021.. Document filed by Bureau of Alcohol, Tobacco, Firearms and Explosives, Regina Lombardo. (Attachments: #1 ATF 1-200, #2 ATF 201-400, #3 ATF 401-500, #4 ATF 501-600, #5 ATF 601-639, #6 ATF 640-678, #7 ATF 679-756)Motion or Order to File Under Seal: #21 .(Cha-Kim, Stephen) |
| Filing 22 PROPOSED PROTECTIVE ORDER. Document filed by Bureau of Alcohol, Tobacco, Firearms and Explosives, Regina Lombardo..(Cha-Kim, Stephen) |
| Filing 21 LETTER MOTION to Seal and For Entry of Protective Order addressed to Judge Andrew L. Carter, Jr. from Stephen Cha-Kim dated 4/23/2021. Document filed by Bureau of Alcohol, Tobacco, Firearms and Explosives, Regina Lombardo..(Cha-Kim, Stephen) |
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Filing 20
MEMO ENDORSEMENT on re: #19 Letter re: Joint Proposed Briefing Schedule filed by Everytown for Gun Safety Support Fund, City of Kansas City, Missouri. ENDORSEMENT SO ORDERED., Cross Motions due by 7/26/2021., Motions due by 6/25/2021., Responses due by 8/27/2021, Replies due by 9/17/2021. (Signed by Judge Andrew L. Carter, Jr on 3/22/2021) (rj)
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| Filing 19 LETTER addressed to Judge Andrew L. Carter, Jr. from Benjamin Gruenstein dated March 19, 2021 re: Joint Proposed Briefing Schedule. Document filed by City of Kansas City, Missouri, Everytown for Gun Safety Support Fund..(Gruenstein, Benjamin) |
| Filing 18 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Regina Lombardo served on 1/22/2021, answer due 3/23/2021. Service was accepted by Osrick Gordon, Civil Clerk. Service was made by MAIL. Document filed by Everytown for Gun Safety Support Fund; State of Illinois; City of Kansas City, Missouri..(Gruenstein, Benjamin) |
| Filing 17 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Bureau of Alcohol, Tobacco, Firearms and Explosives served on 1/22/2021, answer due 3/23/2021. Service was accepted by Osrick Gordon, Civil Clerk. Service was made by MAIL. Document filed by Everytown for Gun Safety Support Fund; State of Illinois; City of Kansas City, Missouri..(Gruenstein, Benjamin) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to Regina Lombardo..(jgo) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to Bureau of Alcohol, Tobacco, Firearms and Explosives..(jgo) |
| Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to Regina Lombardo, in her official capacity as Acting Director of Bureau of Alcohol, Tobacco, Firearms and Explosives, re: #1 Complaint,. Document filed by City of Kansas City, Missouri, Everytown for Gun Safety Support Fund, State of Illinois..(Gruenstein, Benjamin) |
| Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to Bureau of Alcohol, Tobacco, Firearms and Explosives, re: #1 Complaint,. Document filed by City of Kansas City, Missouri, Everytown for Gun Safety Support Fund, State of Illinois..(Gruenstein, Benjamin) |
| Filing 12 NOTICE OF APPEARANCE by Aaron Esty on behalf of Everytown for Gun Safety Support Fund, THE CITY OF KANSAS CITY, MISSOURI..(Esty, Aaron) |
| Filing 11 NOTICE OF APPEARANCE by Alla Lefkowitz on behalf of Everytown for Gun Safety Support Fund, THE CITY OF KANSAS CITY, MISSOURI..(Lefkowitz, Alla) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Benjamin Gruenstein. The party information for the following party/parties has been modified: THE CITY OF KANSAS CITY, MISSOURI; The State of Illinois; REGINA LOMBARDO. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) |
| Magistrate Judge Gabriel W. Gorenstein 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Benjamin Gruenstein to RE-FILE Document No. #4 Request for Issuance of Summons, #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; remove ("ATF") from party name Bureau of Alcohol, Tobacco, Firearms and Explosives on the PDF case caption and 'To' section as party name must match exactly as it appears on the pleading caption; party information for Regina Lombardo does not have to be included on the 'as to' docket entry text, the PDF case caption, or the PDF 'To' section, but if included, it must match exactly as it appears on the pleading caption and must not be abbreviated;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 10 NOTICE OF APPEARANCE by Molly Anne Thomas-Jensen on behalf of Everytown for Gun Safety Support Fund, THE CITY OF KANSAS CITY, MISSOURI..(Thomas-Jensen, Molly) |
| Filing 9 NOTICE OF APPEARANCE by Kathryn Hunt Muse on behalf of The State of Illinois..(Muse, Kathryn) |
| Filing 8 NOTICE OF APPEARANCE by Joseph Margolies on behalf of Everytown for Gun Safety Support Fund, THE CITY OF KANSAS CITY, MISSOURI..(Margolies, Joseph) |
| Filing 7 NOTICE OF APPEARANCE by Samantha Hall on behalf of Everytown for Gun Safety Support Fund, THE CITY OF KANSAS CITY, MISSOURI..(Hall, Samantha) |
| Filing 6 NOTICE OF APPEARANCE by Sharonmoyee Goswami on behalf of Everytown for Gun Safety Support Fund, THE CITY OF KANSAS CITY, MISSOURI..(Goswami, Sharonmoyee) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Everytown for Gun Safety Support Fund..(Gruenstein, Benjamin) |
| Filing 4 FILING ERROR - SUMMONS REQUEST 'As To' AND PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Regina Lombardo, in her official capacity as Acting Director of ATF, re: #1 Complaint,. Document filed by Everytown for Gun Safety Support Fund, THE CITY OF KANSAS CITY, MISSOURI, The State of Illinois..(Gruenstein, Benjamin) Modified on 1/19/2021 (jgo). |
| Filing 3 FILING ERROR - SUMMONS REQUEST PDF ERROR - 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, THE CITY OF KANSAS CITY, MISSOURI, The State of Illinois..(Gruenstein, Benjamin) Modified on 1/19/2021 (jgo). |
| Filing 2 CIVIL COVER SHEET filed..(Gruenstein, Benjamin) |
| Filing 1 COMPLAINT against Bureau of Alcohol, Tobacco, Firearms and Explosives, REGINA LOMBARDO. (Filing Fee $ 402.00, Receipt Number ANYSDC-23531544)Document filed by Everytown for Gun Safety Support Fund, The State of Illinois, THE CITY OF KANSAS CITY, MISSOURI..(Gruenstein, Benjamin) |
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