Firearms Regulatory Accountability Coalition, Inc. et al v. Garland et al
| Firearms Regulatory Accountability Coalition, Inc., West Virginia, State of, North Dakota, State of, Alabama, State of, Alaska, State of, Arkansas, State of, Florida, State of, Georgia, State of, Idaho, State of, Indiana, State of, Iowa, State of, Kansas, State of, Kentucky, State of, Louisiana, State of, Mississippi, State of, Missouri, State of, Montana, State of, Nebraska, State of, New Hampshire, State of, Oklahoma, State of, South Carolina, State of, South Dakota, State of, Tennessee, State of, Utah, State of, Virginia, State of, Wyoming, State of, NST Global, LLC doing business as SB Tactical, B&T USA, LLC and Richard Cicero |
| Merrick B. Garland, Bureau of Alcohol, Tobacco, Firearms and Explosives, The and Steven Dettelbach |
| Members of Congress |
| Robert M. Miller, Ph.D. |
| 1:2023cv00024 |
| February 9, 2023 |
| US District Court for the District of North Dakota |
| Clare R Hochhalter |
| Daniel L Hovland |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 Administrative Procedure Act |
| None |
Docket Report
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| Filing 76 NOTICE of Appearance by Peter Martin Torstensen, Jr on behalf of Montana, State of (Torstensen, Peter) |
Filing 75
(Text Only) ORDER by Judge Daniel L. Hovland granting #74 Motion for Extension of Time to File Answer. Defendants' response to Plaintiffs' Complaint due 30 days after the Court resolves Plaintiffs' motion for preliminary injunction. (JO) Distributed to Amicus on 4/6/2023 (mf)
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| Filing 74 MOTION for Extension of Time to File Answer by Bureau of Alcohol, Tobacco, Firearms and Explosives, The, Steven Dettelbach, Merrick B. Garland. (Pitz, Taylor) |
| Filing 73 NOTICE by Alabama, State of, Alaska, State of, Arkansas, State of, B&T USA, LLC, Richard Cicero, Firearms Regulatory Accountability Coalition, Inc., Florida, State of, Georgia, State of, Idaho, State of, Indiana, State of, Iowa, State of, Kansas, State of, Kentucky, State of, Louisiana, State of, Mississippi, State of, Missouri, State of, Montana, State of, NST Global, LLC, Nebraska, State of, New Hampshire, State of, North Dakota, State of, Oklahoma, State of, South Carolina, State of, South Dakota, State of, Tennessee, State of, Utah, State of, Virginia, State of, West Virginia, State of, Wyoming, State of Supplemental Authority (Obermeier, Stephen) |
| DOCKET CORRECTION re: #72 Notice of Supplemental Authority. Clerk's office added exhibit letter and added description for exhibit. (jb) |
| Filing 72 NOTICE by Bureau of Alcohol, Tobacco, Firearms and Explosives, The, Steven Dettelbach, Merrick B. Garland re #63 Response to Motion, Notice of Supplemental Authority (Attachments: #1 Exhibit A - Opinion)(Pitz, Taylor) Modified on 3/31/2023 to add exhibit letter and description. (jb) |
| Filing 71 AMENDED AMICUS BRIEF by Robert M. Miller, PhD. (Attachments: #1 Mailing Envelope)(mf) |
| Filing 70 AMICUS BRIEF by Robert M. Miller, PhD. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - OMB Circular A-4, #3 Exhibit 2 - Executive Order 12866, #4 Exhibit 3 - Executive Order 13563, #5 Exhibit 4 - Table of Figures)(mf) |
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Filing 69
ORDER by Judge Daniel L. Hovland granting #67 Motion for Leave to File Brief as Amici Curiae and granting #68 Motion for Extension of Time to File Brief as Amici Curiae. (JO) Distributed on 3/20/2023. (jb)
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| Filing 68 MOTION for Extension of Time to File an Out-of-Time Amicus Brief by Robert M. Miller, PhD. (Attachments: #1 Proposed Order, #2 Mailing Envelope)(cjs) |
| Filing 67 MOTION for Leave to File Amicus Brief by Robert M. Miller, PhD. (Attachments: #1 Proposed Amicus Brief, #2 Proposed Amicus Brief Index, #3 Proposed Exhibit 1 - OMB Circular A-4, #4 Proposed Exhibit 2 - Executive Order 12866, #5 Proposed Exhibit 3 - Executive Order 13563, #6 Proposed Exhibit 4 - Table of Figures, #7 Proposed Order, #8 Mailing Envelope)(cjs) |
| Filing 66 REPLY to Response to Motion re #7 MOTION for Preliminary Injunction filed by Alabama, State of, Alaska, State of, Arkansas, State of, B&T USA, LLC, Richard Cicero, Firearms Regulatory Accountability Coalition, Inc., Florida, State of, Georgia, State of, Idaho, State of, Indiana, State of, Iowa, State of, Kansas, State of, Kentucky, State of, Louisiana, State of, Mississippi, State of, Missouri, State of, Montana, State of, NST Global, LLC, Nebraska, State of, New Hampshire, State of, North Dakota, State of, Oklahoma, State of, South Carolina, State of, South Dakota, State of, Tennessee, State of, Utah, State of, Virginia, State of, West Virginia, State of, Wyoming, State of. (Attachments: #1 Exhibit A - Supplemental Declaration of Jeff Creamer)(Obermeier, Stephen) |
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Filing 65
(Text Only) ORDER by Judge Daniel L. Hovland granting #64 Motion for Leave to File Excess Pages. Plaintiff's reply shall not exceed twenty (20) pages. (SK)
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| Filing 64 MOTION for Leave to File Excess Pages by B&T USA, LLC, Richard Cicero, Firearms Regulatory Accountability Coalition, Inc., NST Global, LLC. (Sand, Benjamin) |
| DOCKET ANNOTATION: #49 SUMMONS Returned Executed. Wrong event selected. Modified docket text for clarity. Event was not refiled as SUMMONS Returned Executed as to USA as it is filed correctly at document #58 . All answer due dates remain correct. (pb) |
| DOCKET CORRECTION re: #63 Response. Clerk's Office removed 'exhibit' reference from attachment. (mf) |
| Filing 63 RESPONSE to Motion re #7 MOTION for Preliminary Injunction filed by Bureau of Alcohol, Tobacco, Firearms and Explosives, The, Steven Dettelbach, Merrick B. Garland. (Attachments: #1 Declaration of William J. Ryan)(Pitz, Taylor) Modified on 3/7/2023 to remove 'exhibit' reference (mf) |
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Filing 62
(Text Only) ORDER by Judge Daniel L. Hovland granting #59 Motion for Leave to File Brief as Amici Curiae. (MM)
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| Filing 61 NOTICE of Appearance by Tracy Short on behalf of Louisiana, State of (Short, Tracy) |
| Filing 60 *RESTRICTED - WRONG DOCUMENT ATTACHED* NOTICE of Appearance by Tracy Short on behalf of Louisiana, State of (Short, Tracy) Modified on 2/28/2023 to restrict access. (jb) |
| DOCKET CORRECTION re: #60 Notice of Appearance. Wrong document attached. Clerk's office restricted access to document per request of filer. (jb) |
| Filing 59 MOTION for Leave to File Amicus Brief by Members of Congress. (Attachments: #1 Proposed Amicus Brief)(Weir, Bryan) |
| Filing 58 SUMMONS Returned Executed as to Bureau of Alcohol, Tobacco, Firearms and Explosives, The; Steven Dettelbach; Merrick B. Garland; United States Attorney for the District of North Dakota served on 2/13/2023, answer due 4/14/2023. (sc) |
| Filing 57 NOTICE of Appearance by Morgan Brungard on behalf of Louisiana, State of (Brungard, Morgan) |
| DOCKET CORRECTION re: #55 SUMMONS Returned Executed. Wrong event selected. Clerk's office restricted access to document and re-filed as SUMMONS Returned Executed as to USA at #58 . (sc) |
| Filing 56 NOTICE by Alabama, State of, Alaska, State of, Arkansas, State of, Florida, State of, Georgia, State of, Idaho, State of, Indiana, State of, Iowa, State of, Kansas, State of, Kentucky, State of, Louisiana, State of, Mississippi, State of, Missouri, State of, Montana, State of, Nebraska, State of, New Hampshire, State of, North Dakota, State of, Oklahoma, State of, South Carolina, State of, South Dakota, State of, Tennessee, State of, Utah, State of, Virginia, State of, West Virginia, State of, Wyoming, State of re #7 MOTION for Preliminary Injunction (Plaintiff States' Notice of Joinder in Preliminary Injunction) (Williams, Michael) |
| Filing 55 *RESTRICTED - WRONG EVENT SELECTED* SUMMONS Returned Executed by Firearms Regulatory Accountability Coalition, Inc., Richard Cicero, NST Global, LLC, B&T USA, LLC. All Defendants (Sand, Benjamin) Modified on to restrict access 2/27/2023 (sc). |
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Filing 54
(Text Only) ORDER by Magistrate Judge Clare R. Hochhalter granting #51 Motion to Appear Pro Hac Vice for Attorney Thomas M. Johnson, Jr. (mf)
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Filing 53
(Text Only) ORDER by Magistrate Judge Clare R. Hochhalter granting #52 Motion to Appear Pro Hac Vice for Attorney Bryan Weir. (sj)
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| Filing 52 MOTION to Appear Pro Hac Vice Attorney Bryan Weir (Filing fee $150, receipt number: ANDDC-2614260) by Members of Congress. (Weir, Bryan) Modified on 2/24/2023 to add receipt number. (sj). |
| Filing 51 MOTION to Appear Pro Hac Vice Attorney Thomas M. Johnson, Jr. (Filing fee $150, receipt number ANDDC-2614215) by B&T USA, LLC, Richard Cicero, Firearms Regulatory Accountability Coalition, Inc., NST Global, LLC. (Johnson, Thomas) (Main Document 51 replaced on 2/24/2023 to remove fillable PDF format). Modified on 2/24/2023 to add receipt number (mf) |
| Filing 50 NOTICE of Appearance by Joseph Scott St. John on behalf of Louisiana, State of (St. John, Joseph) |
| Filing 49 SUMMONS Returned Executed as to USA by Firearms Regulatory Accountability Coalition, Inc., Richard Cicero, NST Global, LLC, B&T USA, LLC. United States Attorney served on 2/13/2023. (Sand, Benjamin) Modified to correct party served on 3/9/2023 (pb). |
| Filing 48 NOTICE of Appearance by Charles Edmond Brasington on behalf of Alaska, State of (Brasington, Charles) |
| Filing 47 NOTICE of Appearance by Aaron J. Silletto on behalf of Kentucky, State of (Silletto, Aaron) |
| Filing 46 NOTICE of Appearance by Elizabeth B Murrill on behalf of Louisiana, State of (Murrill, Elizabeth) |
| DOCKET CORRECTION re: #27 NOTICE of Appearance. Clerk's Office replaced with non-fillable.pdf and regenerated the NEF; re: #28 RESPONSE to Motion. Clerk's Office added exhibit letter to attachment and removed filers not yet appeared at time of filing (Florida, State of, Georgia, State of, Iowa, State of, Kentucky, State of, Louisiana, State of, Mississippi, State of, Nebraska, State of, New Hampshire, State of, North Dakota, State of, South Carolina, State of, Tennessee, State of, and West Virginia, State of). (pb) |
| Filing 45 NOTICE of Appearance by Kevin Michael Gallagher on behalf of Virginia, State of (Gallagher, Kevin) |
| Filing 44 NOTICE of Appearance by James Emory Smith, Jr on behalf of South Carolina, State of (Smith, James) |
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Filing 43
(Text Only) ORDER by Magistrate Judge Clare R. Hochhalter granting #31 Motion to Appear Pro Hac Vice for Attorney Charles Edmond Brasington. (jb)
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| Filing 42 NOTICE of Appearance by Natalie Christmas on behalf of Florida, State of (Christmas, Natalie) |
| Filing 41 NOTICE of Appearance by Eric Hamilton on behalf of Nebraska, State of (Hamilton, Eric) |
| Filing 40 NOTICE of Appearance by Brandon F. Chase on behalf of New Hampshire, State of (Chase, Brandon) |
| Filing 39 NOTICE of Appearance by Eric H Wessan on behalf of Iowa, State of (Wessan, Eric) |
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Filing 38
(Text Only) ORDER by Magistrate Judge Clare R. Hochhalter granting #35 Motion to Appear Pro Hac Vice for Attorney Justin L. Matheny. (sj)
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| Filing 37 NOTICE of Appearance by Clark Lassiter Hildabrand on behalf of Tennessee, State of (Hildabrand, Clark) |
| Filing 36 NOTICE of Appearance by Jeff P. Johnson on behalf of Missouri, State of (Johnson, Jeff) |
| Filing 35 MOTION to Appear Pro Hac Vice Attorney Justin L. Matheny (Filing fee $150, receipt number: ANDDC-2610230) by Mississippi, State of. (Matheny, Justin) Modified on 2/17/2023 to add receipt number. (sj). |
| Filing 34 NOTICE of Appearance by Stephen John Petrany on behalf of Georgia, State of (Petrany, Stephen) |
| Filing 33 NOTICE of Appearance by Joshua Divine on behalf of Missouri, State of (Divine, Joshua) (Main Document 33 replaced on 2/21/2023 to non-fillable PDF). NEF Regenerated. (sj). |
| Filing 32 NOTICE of Appearance by Christian Brian Corrigan on behalf of Montana, State of (Corrigan, Christian) |
| Filing 31 MOTION to Appear Pro Hac Vice Attorney Charles Edmond Brasington (Filing fee $150, receipt number ANDDC-2609894) by Alaska, State of. (Brasington, Charles) Modified on 2/17/2023 to add receipt number. (jb) |
| Filing 30 NOTICE of Appearance by Edmund G. LaCour, Jr on behalf of Alabama, State of (LaCour, Edmund) |
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Filing 29
(Text Only) ORDER by Judge Daniel L. Hovland granting #22 MOTION for Extension of Time to File Response to #7 MOTION for Preliminary Injunction (Responses due by 3/6/2023); granting #22 Motion for Leave to File Excess Pages (Response shall not exceed 40 pages) (SK)
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| Filing 28 RESPONSE to Motion re #22 MOTION for Extension of Time to File Response/Reply as to #7 MOTION for Preliminary Injunction MOTION for Leave to File Excess Pages filed by Alabama, State of, Alaska, State of, Arkansas, State of, B&T USA, LLC, Richard Cicero, Firearms Regulatory Accountability Coalition, Inc., Idaho, State of, Indiana, State of, Kansas, State of, Montana, State of, NST Global, LLC, Oklahoma, State of, South Dakota, State of, Utah, State of, Virginia, State of, Wyoming, State of. (Attachments: #1 Exhibit A-Courtesy Email 02.10.2023)(Obermeier, Stephen) Modified to add exhibit letter on 2/21/2023 (pb). Modified to remove filers not yet appeared (Florida, State of, Georgia, State of, Iowa, State of, Kentucky, State of, Louisiana, State of, Mississippi, State of, Nebraska, State of, New Hampshire, State of, North Dakota, State of, South Carolina, State of, Tennessee, State of, and West Virginia, State of) on 2/22/2023 (pb). |
| Filing 27 NOTICE of Appearance by Dylan L. Jacobs on behalf of Arkansas, State of (Jacobs, Dylan) (Main Document 27 replaced with non-fillable .pdf on 2/21/2023. NEF regenerated) (pb). |
| Filing 25 NOTICE of Appearance by Audrey A Weaver on behalf of Oklahoma, State of (Weaver, Audrey) |
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Filing 24
(Text Only) ORDER by Magistrate Judge Clare R. Hochhalter granting #23 Motion to Appear Pro Hac Vice for Attorney David M. S. Dewhirst. (mf)
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| Set/Reset Deadlines as to #7 MOTION for Preliminary Injunction . Responses due by 3/6/2023 (mf) |
| DOCKET CORRECTION re: #22 MOTION for Extension of Time. Multiple relief document filed as one relief. Clerk's office filed MOTION for Leave to File Excess Pages at 26 . (sc) |
| DOCKET CORRECTION re: #7 MOTION for Preliminary Injunction and #8 MOTION for Oral Argument. Modified entry to reflect correct filer: B&T USA, LLC; Richard Cicero; Firearms Regulatory Accountability Coalition, Inc.; and NST Global, LLC, West Virginia, State of. Removed all other plaintiffs as filers. (sc) Modified on 2/17/2023 to include West Virginia, State of. (rh) |
| Filing 26 MOTION for Leave to File Excess Pages by Bureau of Alcohol, Tobacco, Firearms and Explosives, The, Steven Dettelbach, Merrick B. Garland. See document #22 . (sc) Modified on 2/16/2023 to terminate motion and judge association (cjs). |
| Filing 23 MOTION to Appear Pro Hac Vice (Filing fee $150, receipt number ANDDC-2608969) by Idaho, State of. (Dewhirst, David) (Main Document 23 replaced on 2/15/2023 to remove fillable PDF format) NEF regenerated Modified on 2/15/2023 to add receipt number (mf) |
| Filing 22 MOTION for Extension of Time to File Response/Reply as to #7 MOTION for Preliminary Injunction , MOTION for Leave to File Excess Pages by Bureau of Alcohol, Tobacco, Firearms and Explosives, The, Steven Dettelbach, Merrick B. Garland. (Pitz, Taylor) |
| Filing 21 NOTICE of Appearance by Jesse Burris on behalf of Kansas, State of (Burris, Jesse) |
| Filing 20 NOTICE of Appearance by Taylor Pitz on behalf of All Defendants (Pitz, Taylor) |
| Filing 19 NOTICE of Appearance by Andrew N. Ferguson on behalf of Virginia, State of (Ferguson, Andrew) |
| Filing 18 NOTICE of Appearance by Martin Jordan Minot on behalf of Virginia, State of (Minot, Martin) |
| Filing 17 NOTICE of Appearance by Zachary Paul West on behalf of Oklahoma, State of (West, Zachary) |
| Filing 16 NOTICE of Appearance by Garry M. Gaskins, II on behalf of Oklahoma, State of (Gaskins, Garry) |
| Filing 15 NOTICE of Appearance by Charles D. McGuigan on behalf of South Dakota, State of (McGuigan, Charles) |
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Filing 14
(Text Only) ORDER by Magistrate Judge Clare R. Hochhalter granting #12 Motion to Appear Pro Hac Vice for Attorney Betsy M. DeNardi. (mf)
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| Filing 13 NOTICE of Appearance by Ryan Schelhaas on behalf of Wyoming, State of (Schelhaas, Ryan) |
| Filing 12 MOTION to Appear Pro Hac Vice Attorney Betsy DeNardi (Filing fee $150, receipt number ANDDC-2607530) by Indiana, State of. (DeNardi, Betsy) Modified on 2/14/2023 to add receipt number (mf) |
| Filing 11 *RESTRICTED - ATTORNEY NOT ADMITTED* NOTICE of Appearance by James Emory Smith, Jr on behalf of South Carolina, State of (Smith, James) Modified on 2/14/2023 to restrict access to document (mf) |
| DOCKET CORRECTION re: #11 Notice of Appearance. Attorney needs to follow the instructions on filing a Motion to Appear Pro Hac Vice or apply for full admission to our courts, which can be found on our website at www.ndd.uscourts.gov (mf) |
| Filing 10 NOTICE of Appearance by Melissa Holyoak on behalf of Utah, State of (Holyoak, Melissa) |
| DOCKET CORRECTION re: #1 COMPLAINT. Clerk's office replaced attachment 19 to remove overlapping headers and add more complete description to attachment. (sc) |
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Filing 9
(Text Only) ORDER by Magistrate Judge Clare R. Hochhalter granting #6 Motion to Appear Pro Hac Vice for Attorney Aaron J. Silletto. (sc)
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| Filing 8 MOTION for Oral Argument by B&T USA, LLC, Richard Cicero, Firearms Regulatory Accountability Coalition, Inc., NST Global, LLC. (Obermeier, Stephen) Modified to reflect correct filer on 2/16/2023 (sc). |
| Filing 7 MOTION for Preliminary Injunction by B&T USA, LLC, Richard Cicero, Firearms Regulatory Accountability Coalition, Inc., NST Global, LLC., West Virginia, State of (Attachments: #1 Memorandum In Support)(Obermeier, Stephen) Modified to reflect correct filer on 2/16/2023 (sc). Modified on 2/17/2023 to add West Virginia as a filer. (rh) |
| Filing 6 MOTION to Appear Pro Hac Vice (Filing fee $150, receipt number ANDDC-2605448) by Kentucky, State of. (Silletto, Aaron) Modified to add receipt number on 2/10/2023 (sc). |
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Filing 5
(Text Only) ORDER by Judge Daniel L. Hovland granting #2 Motion for Leave to File Excess Pages. Brief in support of Motion for Preliminary Injunction and Defendants' Response not to exceed 40 pages. (MM)
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| Filing 4 Summons Issued as to Bureau of Alcohol, Tobacco, Firearms and Explosives, The, Steven Dettelbach, Merrick B. Garland, U.S. Attorney and U.S. Attorney General (mf) |
| Filing 3 Corporate Disclosure Statement by B&T USA, LLC, Firearms Regulatory Accountability Coalition, Inc., NST Global, LLC. (Sand, Benjamin) |
| Filing 2 MOTION for Leave to File Excess Pages by B&T USA, LLC, Richard Cicero, Firearms Regulatory Accountability Coalition, Inc., NST Global, LLC. (Sand, Benjamin) |
| Filing 1 COMPLAINT against Bureau of Alcohol, Tobacco, Firearms and Explosives, The, Steven Dettelbach, Merrick B. Garland (Filing fee $402, receipt number 100000790) filed by Firearms Regulatory Accountability Coalition, Inc., Richard Cicero, NST Global, LLC, B&T USA, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Rule (Part 1), #3 Exhibit A - Rule (Part 2), #4 Exhibit A - Rule (Part 3), #5 Exhibit B - Regulatory Analysis, #6 Exhibit C - Platforms Adjudication, #7 Exhibit D - Firearms Adjudication, #8 Exhibit E - Comments of SB Tactical and FRAC, #9 Exhibit F - Comments of Richard Cicero, #10 Exhibit G - Declaration of Jeff Creamer, #11 Exhibit H - Declaration of Irving Luce, #12 Exhibit I - Declaration of Travis White, #13 Exhibit J - Declaration of Richard Cicero, #14 Exhibit K - Hurst Report, #15 Exhibit L - FTB Letter 2013-0172 (Nov. 26, 2012), #16 Exhibit M - FTB Letter 301737 (Mar. 5, 2014), #17 Exhibit N - ATF Letter 304296 (Dec. 22, 2015), #18 Exhibit O - 2015 Open Letter, #19 Exhibit P - USA v Kamali Transcript: Sentencing Hearing 9/24/2019, #20 Exhibit Q - ATF Letter 5000 (Mar. 21, 2017), #21 Exhibit R - Senate Letter, #22 Exhibit S - SBA3 Preliminary Classification Response, #23 Exhibit T - Kendall Report)(mf) (Attachment 19 replaced to remove overlapping headers on 2/13/2023) (sc). Modified to replace document and add more complete attachment descriptions to [1-19] on 2/13/2023 (sc). |
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