KAJMOWICZ v. WHITAKER et al
| GARRETT KAJMOWICZ |
| BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, UNITED STATES OF AMERICA, MATTHEW G. WHITAKER, THOMAS E. BRANDON and WILLIAM P. BARR |
| 2:2019cv00187 |
| February 20, 2019 |
| US District Court for the Western District of Pennsylvania |
| Mark R Hornak |
| Civil Rights: Other |
| 05 U.S.C. § 702 |
| None |
Docket Report
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This docket was last retrieved on June 1, 2021. A more recent docket listing may be available from PACER.
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| Filing 46 MOTION To Set Uniform Briefing Schedule , MOTION To Set Uniform Page Limits by GARRETT KAJMOWICZ. (Attachments: #1 Proposed Order) (Woofter, Daniel) |
| Filing 45 SUMMONS/Return of Service Returned Executed by GARRETT KAJMOWICZ. WILLIAM P. BARR served on 4/8/2019, answer due 5/8/2019. (Woofter, Daniel) |
| Filing 44 NOTICE of Consent Filing under Fed. R. Civ. P. 15(a)(2) of Second Amended Complaint by GARRETT KAJMOWICZ. (Attachments: #1 Second Amended Complaint (redline)) (Woofter, Daniel) |
| Filing 43 Second AMENDED COMPLAINT against WILLIAM P. BARR, THOMAS E. BRANDON, BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, UNITED STATES OF AMERICA, MATTHEW G. WHITAKER WILLIAM P. BARR answer due 5/8/2019; THOMAS E. BRANDON answer due 5/8/2019; BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES answer due 5/8/2019; UNITED STATES OF AMERICA answer due 5/8/2019; MATTHEW G. WHITAKER answer due 5/8/2019, filed by GARRETT KAJMOWICZ. (Woofter, Daniel) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #37 Response. ERROR: Wrong event selected. CORRECTION: Re-docketed as Joint Status Report. This message is for informational purposes only. (ksa) |
| Filing 42 JOINT STATUS REPORT by GARRETT KAJMOWICZ. "Document previously filed electronically" (ksa) |
| Filing 41 Summons Issued as to WILLIAM P. BARR (mao) |
Filing 40
ORDER Upon review of the parties' #37 Joint Status Report, in which the parties advise that there is no longer a basis to proceed in the preliminary injunction posture, and the #38 Consent Motion to Withdraw the Motion at No. #5 , the Court hereby vacates its 36 Order. The #38 Motion to Withdraw is granted. Plaintiff has filed an Amended Complaint today, 4/2/19. Defendant shall file a responsive pleading or motion on or before 5/8/19. The parties shall confer and file a proposed scheduling order on or before 5/15/19. Signed by Chief Judge Mark R. Hornak on 4/2/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (aad)
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| Filing 39 First AMENDED COMPLAINT against All Defendants, answer due from All Defendants 5/8/2019, filed by GARRETT KAJMOWICZ. (Attachments: #1 Appendix of Amended Complaint (redline), #2 Summons) (Woofter, Daniel) Modified text on 4/3/2019. (ksa) |
| Filing 38 Consent MOTION to Withdraw #5 MOTION for Preliminary Injunction or, in the Alternative, Permanent Injunction and Declaratory Judgment by GARRETT KAJMOWICZ. (Attachments: #1 Proposed Order) (Woofter, Daniel) |
| Filing 37 RESPONSE to 36 Status Report Order,,, filed by GARRETT KAJMOWICZ. (Woofter, Daniel) Modified text on 4/3/2019 ERROR: Wrong event selected. Document removed from public view and refiled by Court. (ksa) |
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Filing 36
ORDER. The Court has received #31 Notice of Attorney General Barr's Ratification of Final Rule, as well as #35 Notice of Voluntary Dismissal of Appeal by the Plaintiff in Guedes v. ATF. On or before 4/2/19, the parties shall file a joint status report of not more than ten (10) pages advising the Court on the effect, if any, that the information contained in the Notices at #31 and #35 has upon these proceedings, including both parties' position(s) as to the nature and timing of further proceedings in this case. Signed by Chief Judge Mark R. Hornak on 3/26/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
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| Filing 35 NOTICE of Voluntary Dismissal of Appeal by the Plaintiff in Guedes v. ATF Case No. 19-cv-5042 (D.C. Cir.) by WILLIAM P. BARR, THOMAS E. BRANDON, BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, UNITED STATES OF AMERICA, MATTHEW G. WHITAKER (Attachments: #1 Exhibit #1 - Motion to Voluntarily Dismiss Appeal, #2 Exhibit #2 - D.C. Circuit Order) (Lopez-Morales, Cesar) |
| Filing 34 SUMMONS/Return of Service Returned Executed by GARRETT KAJMOWICZ. UNITED STATES OF AMERICA served on 3/8/2019, answer due 5/7/2019. (Woofter, Daniel) |
| Filing 33 SUMMONS/Return of Service Returned Executed by GARRETT KAJMOWICZ. THOMAS E. BRANDON served on 3/8/2019, answer due 3/29/2019; BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES served on 3/8/2019, answer due 3/29/2019; MATTHEW G. WHITAKER served on 3/8/2019, answer due 3/29/2019. (Woofter, Daniel) |
| Filing 32 NOTICE of Reply Brief in No. 19-5043 (consolidated with Nos. 19-5042 & 19-5044) (D.C. Cir. Mar. 15, 2019) by GARRETT KAJMOWICZ (Attachments: #1 Appendix) (Woofter, Daniel) |
| Filing 31 NOTICE of Attorney General's Ratification of Final Rule and of Defendants' Brief in Guedes v. ATF Case No. 19-cv-5042 (D.C. Cir.) by WILLIAM P. BARR, THOMAS E. BRANDON, BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, UNITED STATES OF AMERICA, MATTHEW G. WHITAKER (Attachments: #1 Exhibit #1 - Ratification of Final Rule by Attorney General Barr, #2 Exhibit #2 - Defendants' D.C. Circuit Brief in Guedes) (Lopez-Morales, Cesar) |
| Filing 30 NOTICE by GARRETT KAJMOWICZ (Attachments: #1 Appendix of Plaintiff's Reply in E.D.N.C., #2 Appendix of Plaintiffs' Reply in D. Ariz.) (Woofter, Daniel) |
| Filing 29 NOTICE of Defendants' Memorandum in Opposition to Motion for Preliminary Injunction in Case No. 2:19-CV-01173-DJH (D. Ariz.) by WILLIAM P. BARR, THOMAS E. BRANDON, BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, UNITED STATES OF AMERICA, MATTHEW G. WHITAKER (Attachments: #1 Exhibit Memorandum in Opposition) (Lopez-Morales, Cesar) |
| Filing 28 NOTICE of Order filed in No. 5:19-cv-00052 (E.D.N.C. Mar. 7, 2019) by GARRETT KAJMOWICZ (Attachments: #1 Appendix) (Woofter, Daniel) |
| Filing 27 NOTICE of Appearance by Chetan Patil on behalf of WILLIAM P. BARR, THOMAS E. BRANDON, BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, UNITED STATES OF AMERICA, MATTHEW G. WHITAKER. (Patil, Chetan) |
| Filing 26 NOTICE of Defendants' Memorandum in Opposition to Motion for Preliminary Injunction in Case No. 5:19-CV-00052-BO (E.D.N.C.) by WILLIAM P. BARR, THOMAS E. BRANDON, BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, UNITED STATES OF AMERICA, MATTHEW G. WHITAKER (Attachments: #1 Exhibit Memorandum in Opposition and Attachments) (Lopez-Morales, Cesar) |
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Filing 25
ORDER. In light of the D.C. Circuit's expedited briefing and argument schedule in its Case No. 19-5043 (consolidated), the Oral Argument in this case scheduled for 3/19/19 at 1:30 PM is hereby held in abeyance without prejudice and subject to rescheduling by further Order of the Court. The briefing schedule set forth in ECF No. 19 is also held in abeyance without prejudice pending further Order of the Court. The parties shall file on this docket, as an informational matter, any briefs filed in the D.C. Circuit Case No. 19-5043, the District of Arizona Case No. 2:19-cv-01173, and the Eastern District of North Carolina Case No. 5:19-cv- 00052. Signed by Chief Judge Mark R. Hornak on 3/7/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
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| Filing 24 Minute Entry for proceedings held before Chief Judge Mark R. Hornak: Telephonic Status Conference held on 3/6/19. (Court Reporter: Karen Earley) (jad) |
| Filing 23 NOTICE of Plaintiff Firearms Policy Coalition, Inc's Opening Brief in No. 19-5043 (consolidated with Nos. 19-5042 & 19-5044) (D.C. Cir. Mar. 4, 2019) by GARRETT KAJMOWICZ. (Attachments: #1 Appendix) (Woofter, Daniel) Modified text on 3/6/2019. (ksa) |
| Filing 22 NOTICE of Appearance by Cesar A Lopez-Morales on behalf of WILLIAM P. BARR, THOMAS E. BRANDON, BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, UNITED STATES OF AMERICA, MATTHEW G. WHITAKER. (Lopez-Morales, Cesar) |
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Filing 21
SCHEDULING ORDER. A Telephonic Status Conference is hereby SCHEDULED for 3/6/19 at 9:45 AM before Chief Judge Mark R. Hornak. Please refer to #12 AT&T Scheduling Notice and use dial-in no. 2 for this conference. Signed by Chief Judge Mark R. Hornak on 3/5/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
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| Filing 20 STATUS REPORT (JOINT) by WILLIAM P. BARR, THOMAS E. BRANDON, BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, UNITED STATES OF AMERICA. (Soskin, Eric) |
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Filing 19
ORDER. On or before 3/12/19 at 12:00 P.M., Defendants shall file a response to #5 Motion for Preliminary Injunction. On or before 3/15/19 at 12:00 P.M., Plaintiff may file a reply to Defendants' response, if he so elects. Plaintiff is granted leave, nunc pro tunc, to file #5 Motion in excess of the page limit provided for in #11 Standing Order and Procedures on Civil Motion Practice. Defendants are granted leave to file an equal number of pages to #5 in their brief in response. The reply brief shall be limited to ten (10) pages. In light of this schedule, Plaintiff's #6 Motion to Expedite Schedule is hereby denied as moot. If Plaintiff wishes to file proposed findings of fact and conclusions of law in support of his #5 Motion, he shall file them on or before 3/7/19. A Hearing and Oral Argument on #5 Motion for Preliminary Injunction is hereby SCHEDULED for 3/19/19 at 1:30 P.M. Signed by Chief Judge Mark R. Hornak on 2/28/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) Modified text on 2/28/2019 to correct document linkage. (ksa)
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| Filing 18 Minute Entry for proceedings held before Chief Judge Mark R. Hornak: Telephonic Status Conference held on 2/28/19. (Court Reporter: Karen Earley) (jad) |
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Filing 17
SCHEDULING ORDER. A Telephonic Status Conference is hereby SCHEDULED for 2/28/19 at 9:00 AM before Chief Judge Mark R. Hornak. Please refer to #12 AT&T Scheduling Notice and use dial-in no. 1 for this conference. Signed by Chief Judge Mark R. Hornak on 2/27/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
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| Filing 16 REPLY to Response to Motion re #6 Motion to Expedite filed by GARRETT KAJMOWICZ. (Woofter, Daniel) |
| Filing 15 RESPONSE IN OPPOSITION to #6 Motion to Expedite, filed by WILLIAM P. BARR, THOMAS E. BRANDON, BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, UNITED STATES OF AMERICA, MATTHEW G. WHITAKER. (Soskin, Eric) |
| Filing 14 NOTICE of Appearance by Eric J. Soskin on behalf of THOMAS E. BRANDON, BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, UNITED STATES OF AMERICA, WILLIAM P. BARR. (Soskin, Eric) |
| Filing 13 STATUS REPORT In Response to Court Order by GARRETT KAJMOWICZ. (Attachments: #1 Exhibit of Docket Reports) (Woofter, Daniel) |
| Filing 12 AT&T SCHEDULING NOTICE FOR ALL TELEPHONIC CONFERENCES. Every Telephonic Conference conducted will be via an AT&T call-in number which requires participants to dial-in and provide an access code. When a Telephonic Conference is scheduled you will be instructed to refer back to this Notice and use either Dial-In No. 1 or Dial-In No. 2, both of which are contained in this Notice. This document has a security setting of "Case Participants Only", so only those individuals will have access to view the document. (bdb) |
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Filing 11
STANDING ORDER AND PROCEDURES ON CIVIL MOTION PRACTICE. Signed by Chief Judge Mark R. Hornak on 2/22/19. (bdb)
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Filing 9
ORDER GRANTING #4 Motion for Thomas C. Goldstein to Appear Pro Hac Vice. Signed by Chief Judge Mark R. Hornak on 2/22/19. (bdb)
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Filing 8
ORDER GRANTING #3 Motion for Daniel Woofter to Appear Pro Hac Vice. Signed by Chief Judge Mark R. Hornak on 2/22/19. (bdb)
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| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #5 Motion for Preliminary Injunction. ERROR: MULTIPLE Relief Motion Filed as One Relief. CORRECTION: Attorney Woofter advised in future that Motions of this nature are to be filed using the Motion Event and clicking on all the reliefs sought in said motion. Clerk of Court added/docketed Motion for Permanent Injunction and Motion for Declaratory Judgment. This message is for informational purposes only., CLERK'S OFFICE QUALITY CONTROL MESSAGE re #5 Motion for Preliminary Injunction. ERROR: Document should have been filed as two separate documents. CORRECTION: Attorney Woofter advised in future that documents of that nature are to be filed as separate documents. Clerk of Court docketed Brief in Support of Motion for Preliminary Injunction, Permanent Injunction and Declaratory Judgment. This message is for informational purposes only. (ksa) |
| Filing 10 BRIEF in Support re #5 Motion for Preliminary Injunction, Motion for Permanent Injunction, Motion for Declaratory Judgment filed by GARRETT KAJMOWICZ. (ksa) |
| MOTION for Permanent Injunction, MOTION for Declaratory Judgment by GARRETT KAJMOWICZ. (Filed with document #5 ) (ksa) |
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Filing 7
ORDER Directing Filing of Status Report. On or before February 26, 2019, Plaintiff shall file a detailed status report on the docket in this action, setting forth at least the following information as to each and every proceeding in state or federal court, now pending or concluded, of which Plaintiff or his counsel is aware and in which the relief sought, in whole or in part, relates or related to declaratory or injunctive relief relating to the authority of Matthew Whitaker to act as Attorney General of the United States, or to discharge the duties or authority of such office: (1) name of the court, case caption, docket number and assigned judicial officer; (2) a summary of the current procedural status of each such proceeding; (3) a summary of any substantive rulings entered in such proceeding; (4) a summary of any extant scheduling order or directive in such proceeding; (5) a summary of the relief sought or entered in each such proceeding, with specific reference to any relief sought or entered which would, expressly or by implication, provide for the benefit of the Plaintiff in this action any of the relief he seeks in this action, in whole or in part; (6) the name and contact information (including by electronic mail) of all counsel of record in each such proceeding. Counsel for Plaintiff shall append to such status report a copy of the ECF or other docket of each such proceeding current as of no earlier than February 25, 2019. Signed by Chief Judge Mark R. Hornak on 02/21/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Hornak, Mark)
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| Filing 6 MOTION to Expedite briefing and hearing schedule of plaintiff's motion (Dkt. 5) by GARRETT KAJMOWICZ. (Attachments: #1 Proposed Order) (Woofter, Daniel) |
| Filing 5 MOTION for Preliminary Injunction by GARRETT KAJMOWICZ. (Attachments: #1 Memorandum in Support, #2 Appendix, #3 Proposed Order) (Woofter, Daniel) |
| Filing 4 MOTION for attorney Thomas C. Goldstein to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5037597) by GARRETT KAJMOWICZ. (Attachments: #1 Proposed Order) (Goldstein, Thomas) |
| Filing 3 MOTION for attorney Daniel Woofter to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5037576) by GARRETT KAJMOWICZ. (Attachments: #1 Proposed Order) (Woofter, Daniel) |
| Filing 2 Summons Issued as to THOMAS E. BRANDON, BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, UNITED STATES OF AMERICA, MATTHEW G. WHITAKER. (ksa) |
| Filing 1 COMPLAINT against THOMAS E. BRANDON, BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, UNITED STATES OF AMERICA, MATTHEW G. WHITAKER (Filing fee, including Administrative fee, $400, receipt number 0315-5036224), filed by GARRETT KAJMOWICZ. (Attachments: #1 Civil Cover Sheet, #2 Summons for Matthew G. Whitaker, Bureau of Alcohol, Tobacco, Firearms and Explosives, Thomas E. Brandon, United States of America) (ksa) |
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