Christian et al v. Nigrelli et al
| John Boron, Brett Christian, Firearms Policy Coalition, Inc. and Second Amendment Foundation |
| Kevin P. Bruen, John J. Flynn, Steven A. Nigrelli and Everytown for Gun Safety |
| 1:2022cv00695 |
| September 13, 2022 |
| US District Court for the Western District of New York |
| John L Sinatra |
| William M Skretny |
| Constitutional - State Statute |
| 42 U.S.C. § 1983 Civil Rights Act |
| Defendant |
Docket Report
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This docket was last retrieved on November 22, 2022. A more recent docket listing may be available from PACER.
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Filing 43
DECLARATION signed by William J. Taylor, Jr. re #41 MOTION for Leave to File Amicus Brief filed by Everytown for Gun Safety . (Attachments: #1 Exhibit A -- Proposed Amicus Brief)(Taylor, William)
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Filing 42
MEMORANDUM IN SUPPORT re #41 MOTION for Leave to File Amicus Brief byEverytown for Gun Safety. (Taylor, William)
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Filing 41
MOTION for Leave to File Amicus Brief by Everytown for Gun Safety.(Taylor, William)
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Filing 40
Minute Entry for proceedings held before Hon. John L. Sinatra, Jr.: Status Conference held on 11/10/2022 re the preliminary injunction hearing. Parties advise the Court that a deposition of Mr. Christian is scheduled and, as such, live testimony at the preliminary injunction hearing is not needed. Plaintiffs' reply memorandum is forthcoming. Mr. Belka to notify the court if sur-reply is needed. Appearances. For plaintiffs: Nicolas Rotsko and John Tienken (by teleconference). For defendant Nigrelli: Ryan Belka and James Thompson (by teleconference). For defendant Flynn: Kenneth Kirby (by teleconference). (Court Reporter Bonnie Weber) (KLH)
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Filing 39
TEXT ORDER granting #38 Motion for Leave to File Excess Pages. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 11/10/22. (MEM)
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Filing 38
MOTION for Leave to File Excess Pages by Brett Christian, Firearms Policy Coalition, Inc., Second Amendment Foundation. (Attachments: #1 Declaration in Support of Motion for Leave to File Excess Pages)(Rotsko, Nicolas)
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Filing 37
TEXT ORDER: The parties shall appear for a status conference on 11/10/2022 at 1:30 PM regarding the preliminary injunction hearing. Parties may appear in person or by telephone for the status conference. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 11/7/2022. (KLH)
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Filing 36
NOTICE of Appearance by James M. Thompson on behalf of Steven A. Nigrelli (Thompson, James)
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Filing 35
CONTINUATION OF EXHIBITS to #33 Memorandum in Opposition to Motion, Exhibits 66-78 re Parks. (Attachments: #1 Exhibit (s) re Public Transportation, #2 Declaration of Dr. Brennan Rivas, PhD with Exhibits A-B, #3 Declaration of David J. State, Esq.)(Belka, Ryan)
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Filing 34
CONTINUATION OF EXHIBITS to #33 Memorandum in Opposition to Motion, Exhibit 65 re Parks. (Belka, Ryan)
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Filing 33
MEMORANDUM in Opposition re #19 MOTION for Preliminary Injunction filed by Steven A. Nigrelli. (Attachments: #1 Declaration of Ryan L. Belka, Esq., #2 Exhibit (s) 1-11 re Private Property, #3 Exhibit (s) 12-45 re Parks, #4 Exhibit (s) 46-64 re Parks)(Belka, Ryan)
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Filing 32
TEXT ORDER granting #31 Motion for Leave to File Excess Pages. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 11/2/22. (MEM)
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Filing 31
MOTION for Leave to File Excess Pages by Steven A. Nigrelli. (Attachments: #1 Declaration of Ryan L. Belka, Esq.)(Belka, Ryan)
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Filing 30
TEXT ORDER vacating the Text Order issued at Dkt. 29. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 10/29/22. (MEM)
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Filing 29
TEXT ORDER granting #43 motion for leave to file amicus brief. Everytown for Gun Safety may file its proposed brief (Dkt. 45-1) by 10:00 am on Monday, October 31, 2022, but may not present evidence or participate in oral arguments or any hearing. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 10/29/2022.
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Filing 28
RESPONSE to Motion re #19 MOTION for Preliminary Injunction Affidavit in Response to Plaintiffs' Motion for a Preliminary Injunction/Temporary Restraining Order filed by John J. Flynn. (Kirby, Kenneth)
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Filing 27
PLAINTIFFS' STATUS REPORT re the TRO issued in Antonyuk v. Hochul (NDNY). (Attachments: #1 Exhibit) (KLH)
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Filing 26
Minute Entry for proceedings held before Hon. John L. Sinatra, Jr.: Status Conference held on 10/3/2022 re #19 Plaintiffs' Motion for Preliminary Injunction. Court sets briefing schedule. Defendants' opposition papers due 11/4/2022. Plaintiffs' reply due 11/18/2022. Parties to appear for argument on 11/22/2022 at 2:00 PM. Defendant Bruen's deadline to file an answer or motion to dismiss is extended to 11/4/2022. Appearances. For plaintiffs: Nicolas Rotsko. For defendant Flynn: Kenneth Kirby. For defendant Bruen: Ryan Belka. (Court Reporter Bonnie Weber) (KLH)
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Filing 25
NOTICE of Appearance by Ryan Lane Belka on behalf of Kevin P. Bruen (Belka, Ryan)
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Filing 24
CERTIFICATE OF SERVICE by John Boron, Brett Christian, Firearms Policy Coalition, Inc., Second Amendment Foundation re: Status Conference Text Order and motion papers (Rotsko, Nicolas)
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Filing 23
ANSWER to #1 Complaint, with Jury Demand by John J. Flynn.(Kirby, Kenneth)
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Filing 22
NOTICE of Appearance by Kenneth R. Kirby on behalf of John J. Flynn (Kirby, Kenneth)
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Filing 21
TEXT ORDER granting #18 Motion Amend/Correct Case Caption and Short Title. The Clerk is directed to amend the caption in this action to be as follows: BRETT CHRISTIAN, FIREARMS POLICY COALITION, INC., and SECOND AMENDMENT FOUNDATION, Plaintiffs, v. KEVIN P. BRUEN, in his official capacity as Superintendent of the New York State Police, JOHN J. FLYNN, in his official capacity as District Attorney for the County of Erie, New York, Defendants. The Clerk is further directed to amend the short title in this action to be as follows: Christian, et al., v. Bruen, et al. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 9/29/2022. (KLH)
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Filing 20
TEXT ORDER re #19 Motion for Preliminary Injunction. The parties are ordered to appear for a status conference on October 3, 2022, at 3:30 PM for scheduling purposes. Plaintiffs are ordered to serve their motion papers and this Text Order upon Defendants in accordance with the applicable rule(s) of service such that Defendants are on notice by September 30, 2022. Plaintiffs are to file proof of service by October 3, 2022, at 12:00 PM. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 9/29/2022. (KLH)
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Filing 19
MOTION for Preliminary Injunction by Brett Christian, Firearms Policy Coalition, Inc., Second Amendment Foundation. (Attachments: #1 Memorandum in Support, #2 Exhibit A - Local Rule 65 Witness List, #3 Exhibit B - Complaint, #4 Exhibit C - Declaration of Brett Christian, #5 Exhibit D - Declaration of Brandon Combs, #6 Exhibit E - Declaration of Alan Gottlieb, #7 Exhibit F - Stickley v. City of Winchester, CL21-206 (Va Cir. Ct. Sept. 27, 2022), #8 Text of Proposed Order)(Thompson, David)
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Filing 18
MOTION to Amend/Correct Case Caption and Short Title by Brett Christian, Firearms Policy Coalition, Inc., Second Amendment Foundation. (Attachments: #1 Text of Proposed Order)(Thompson, David)
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Filing 17
NOTICE of Voluntary Dismissal by John Boron (Thompson, David)
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Filing 16
Corporate Disclosure Statement by Second Amendment Foundation. (Rotsko, Nicolas)
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Filing 15
Corporate Disclosure Statement by Firearms Policy Coalition, Inc.. (Rotsko, Nicolas)
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Filing 14
AFFIDAVIT of Service for Summons and Complaint served on Kevin P. Bruen on 9/16/2022, filed by John Boron, Brett Christian, Firearms Policy Coalition, Inc., Second Amendment Foundation. (Rotsko, Nicolas)
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Filing 13
TEXT ORDER granting #9 Motion to appear pro hac vice. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 9/19/22. (MEM)Clerk to Follow up
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Filing 12
TEXT ORDER granting #8 Motion to appear pro hac vice. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 9/19/22. (MEM)Clerk to Follow up
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Filing 11
TEXT ORDER granting #7 MOTION to appear pro hac vice. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 9/19/22. (MEM)Clerk to Follow up
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ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: Pursuant to Fed. R. Civ. P.7.1(b) and/or General Order No. 157 In the Matter of Disclosure of Members, Shareholders, Partners, and Leaders of Business Organization Parties, all Corporate Disclosure Statements are to be filed within seven (7) days of this notice. (KM)
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Filing 10
AFFIDAVIT of Service for Summons & Complaint served on John J. Flynn on 09/16/2022, filed by John Boron, Brett Christian, Firearms Policy Coalition, Inc., Second Amendment Foundation. (Rotsko, Nicolas)
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Filing 9
MOTION to appear pro hac vice John W. Tienken ( Filing fee $ 200 receipt number ANYWDC-4676475.) by John Boron, Brett Christian, Firearms Policy Coalition, Inc., Second Amendment Foundation. (Attachments: #1 Sponsoring Affidavit, #2 Petition for Pro Hac of John W. Tienken, #3 Attorny's Oath, #4 WDNY Civility Principles Oath, #5 Registration Form)(Rotsko, Nicolas)
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Filing 8
MOTION to appear pro hac vice David H. Thompson ( Filing fee $ 200 receipt number ANYWDC-4676465.) by John Boron, Brett Christian, Firearms Policy Coalition, Inc., Second Amendment Foundation. (Attachments: #1 Sponsoring Affidavit, #2 Petition for Pro Hac of David H. Thompson, #3 Attorny's Oath, #4 WDNY Civility Principles Oath, #5 Registration Form)(Rotsko, Nicolas)
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Filing 7
MOTION to appear pro hac vice Peter A. Patterson ( Filing fee $ 200 receipt number ANYWDC-4676445.) by John Boron, Brett Christian, Firearms Policy Coalition, Inc., Second Amendment Foundation. (Attachments: #1 Sponsoring Affidavit, #2 Petition for Pro Hac of Peter A. Patterson, #3 Attorny's Oath, #4 WDNY Civility Principles Oath, #5 Registration Form)(Rotsko, Nicolas)
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Filing 6
NOTICE: All parties are expected to comply with Judge Sinatra's individual requirements set forth in the "Judges' Info" section of the Court's website. Business organization parties should pay particular attention to the tab relating to such parties. (KLH)
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Filing 5
TEXT ORDER -- IT HEREBY IS ORDERED, that the Clerk of Court TRANSFER this case to the Honorable John L. Sinatra, Jr., United States District Judge, as a related case to 22-CV-541-JLS, over which he presides. SO ORDERED. Issued by William M. Skretny, United States District Judge on 9/15/2022. (JCM)Clerk to Follow up
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Case Reassigned to Hon. John L. Sinatra, Jr. Hon. William M. Skretny no longer assigned to the case. (TMK)
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Filing 4
Summons Issued as to Kevin P. Bruen, John J. Flynn. (TMK)
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Filing 3
Original Summons Filed. (Rotsko, Nicolas)
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Filing 2
Original Summons Filed. (Rotsko, Nicolas)
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Filing 1
COMPLAINT against All Defendants $ 402 receipt number ANYWDC-4673461, filed by SECOND AMENDMENT FOUNDATION, John Boron, FIREARMS POLICY COALITION, INC., Brett Christian. (Attachments: #1 Exhibit Exhibit A, #2 Civil Cover Sheet)(Rotsko, Nicolas)
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Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (TMK)
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AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK)
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Case Assigned to Hon. William M. Skretny. Notification to Chambers of on-line civil case opening. (TMK)
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