NOT AN LLC v. BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES et al
Plaintiff: NOT AN LLC doing business as JSD SUPPLY
Defendant: BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, UNITED STATES DEPARTMENT OF JUSTICE and GARY M. RESTAINO
Case Number: 2:2022cv00747
Filed: May 19, 2022
Court: US District Court for the Western District of Pennsylvania
Presiding Judge: William S Stickman
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 05 U.S.C. ยง 702 Administrative Procedure Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 21, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 21, 2022 Opinion or Order Filing 27 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings re ORAL ARGUMENT held on May 25, 2022 before Judge William S. Stickman, IV. Court Reporter Deborah Rowe, Telephone number 412-471-2510. E-mail: drowe.usdistrictcourt@verizon.net. 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. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 6/28/2022. Redaction Request due 7/12/2022. Redacted Transcript Deadline set for 7/22/2022. Release of Transcript Restriction set for 9/19/2022. (dsr)
June 9, 2022 Opinion or Order Filing 26 ORDER DENYING #2 Motion for Preliminary Injunction filed by NOT AN LLC. Signed by Judge William S. Stickman on 06/09/2022. (rgm)
June 9, 2022 Opinion or Order Filing 25 MEMORANDUM OPINION re #2 MOTION for Preliminary Injunction filed by NOT AN LLC. Signed by Judge William S. Stickman on 06/09/2022. (rgm)
June 1, 2022 Opinion or Order Filing 24 BRIEF in Opposition re #2 Motion for TRO (Supplemental Brief) filed by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, GARY M. RESTAINO, UNITED STATES DEPARTMENT OF JUSTICE. (Riess, Daniel)
June 1, 2022 Opinion or Order Filing 23 BRIEF in Support of #2 Emergency MOTION for Temporary Restraining Order and/or Preliminary Injunction Supplemental Post-Hearing Brief filed by NOT AN LLC. (Berardinelli, David)
May 25, 2022 Opinion or Order Filing 22 Minute Entry for proceedings held before Judge William S. Stickman: Videoconference Argument held on 5/25/2022. (Court Reporter: Deborah Rowe) (eca)
May 24, 2022 Opinion or Order Filing 21 ORDER In light of the Plaintiff's representation in its Motion for Leave to File Reply Brief (ECF No. 19) and arguments set forth in its proposed Reply (ECF No. 19-1) the parties are not in agreement that the ATF's rescission of its May 9, 2022, cease and desist letter renders Plaintiff's Motion for Preliminary Injunctive Relief (ECF No. 2) moot. The Court hereby ORDERS that the hearing scheduled for May 25, 2022 at 1:00 p.m. is converted to oral argument on the threshold issue of whether the Plaintiff's claims for relief, as framed at ECF No.2, remain ripe or have been rendered moot. To the extent that the Court determines that a live dispute remains, an substantive hearing on the merits will be scheduled in short order. signed by Judge William S. Stickman on 5/24/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Stickman, William)
May 24, 2022 Opinion or Order Filing 20 ORDER granting #19 Motion for Leave to File Reply Brief. Signed by Judge William S. Stickman on 5/24/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Stickman, William)
May 24, 2022 Opinion or Order Filing 19 MOTION for Leave to File Reply Brief by NOT AN LLC. (Attachments: #1 Appendix Proposed Reply Brief, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4) (Olson, Robert)
May 24, 2022 Opinion or Order Filing 18 ORDER Plaintiff's Motion for Preliminary Injunctive Relief asks this Court to enjoin any action upon or related to a May 9, 2022, cease and desist letter issued by Defendant ATF. The Court has learned that the ATF rescinded that letter on May 20, 2022 (ECF No. 17-1). In light of this rescission, Plaintiff is hereby ORDRED to file a notification before 11:00 a.m. on Wednesday, May 25, 2022, as to whether it believes that the Motion for Preliminary Injunctive Relief is moot. To the extent that it believes that that Motion is not now moot, it shall be prepared to address with specific legal argument why the matter is not moot at the beginning of the hearing scheduled for 1:00 p.m. Signed by Judge William S. Stickman on 5/24/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Stickman, William)
May 24, 2022 Opinion or Order Filing 17 BRIEF in Opposition re #2 Motion for TRO filed by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, GARY M. RESTAINO, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: #1 Exhibit 1) (Riess, Daniel)
May 24, 2022 Opinion or Order Filing 16 NOTICE of Appearance by Martin M Tomlinson on behalf of BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, GARY M. RESTAINO, UNITED STATES DEPARTMENT OF JUSTICE. (Tomlinson, Martin)
May 24, 2022 Opinion or Order Filing 15 ORDER GRANTING #14 Defendants' Motion for Leave to File Excess Pages. Defendants' brief in opposition to Plaintiffs Emergency Motion for a Preliminary Injunction shall not exceed 19 pages. Signed by Judge William S. Stickman on 05/24/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (rgm)
May 23, 2022 Opinion or Order Filing 14 Unopposed MOTION for Leave to File Excess Pages by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, GARY M. RESTAINO, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: #1 Proposed Order) (Riess, Daniel)
May 23, 2022 Opinion or Order Filing 13 NOTICE of Appearance by Daniel Riess on behalf of BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, GARY M. RESTAINO, UNITED STATES DEPARTMENT OF JUSTICE. (Riess, Daniel)
May 20, 2022 Opinion or Order Filing 12 Summons Issued as to BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, GARY M. RESTAINO, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: #1 Summons Civil Process Clerk at U.S. Attorney's Office, #2 Summons Department of Justice, #3 Summons ATF Acting Director Gary M. Restaino, #4 Summons ATF) (ijh)
May 20, 2022 Opinion or Order Filing 11 ORDER GRANTING #8 Motion for Leave to File Excess Pages. Signed by Judge William S. Stickman on 05/20/22. (eca)
May 20, 2022 Opinion or Order Filing 10 ORDER GRANTING #4 and #7 Motions to Appear Pro Hac Vice. Attorneys Stephen D. Stamboulich and Robert J. Olson are admitted pro hac vice. Signed by Judge William S. Stickman on 05/20/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca)
May 20, 2022 Opinion or Order Filing 9 ORDER DENYING #2 Emergency Motion for Temporary Restraining Order. Response to Motion due by 6:00 p.m. on 5/24/2022; Videoconference Motion Hearing set for 5/25/2022 at 1:00 PM before Judge William S. Stickman. Signed by Judge William S. Stickman on 05/20/22. (eca)
May 20, 2022 Opinion or Order Filing 8 Unopposed MOTION for Leave to File Excess Pages by NOT AN LLC. (Attachments: #1 Proposed Order) (Berardinelli, David)
May 20, 2022 Opinion or Order Filing 7 MOTION for attorney Robert J. Olson to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7112538) by NOT AN LLC. (Attachments: #1 Affidavit, #2 Proposed Order) (Olson, Robert)
May 20, 2022 Opinion or Order Filing 6 PRAECIPE to Issue Summons by NOT AN LLC (Attachments: #1 Summons to US Attorney General, #2 Summons to ATF, #3 Summons to Civil Process Clerk at U.S. Attorney's Office, #4 Summons to Department of Justice, #5 Summons to ATF Acting Director Gary M. Restaino) (Berardinelli, David)
May 20, 2022 Opinion or Order Filing 5 Disclosure Statement identifying None as corporate parent or other affiliate, by NOT AN LLC. (Berardinelli, David)
May 20, 2022 Opinion or Order Filing 4 MOTION for attorney Stephen D. Stamboulieh to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7112037) by NOT AN LLC. (Attachments: #1 Affidavit, #2 Proposed Order) (Stamboulieh, Stephen)
May 20, 2022 Opinion or Order Filing 3 BRIEF in Support re #2 Motion for TRO and/or Preliminary Injunction filed by NOT AN LLC. (Berardinelli, David)
May 20, 2022 Opinion or Order Filing 2 Emergency MOTION for Temporary Restraining Order and/or Preliminary Injunction by NOT AN LLC. (Attachments: #1 Proposed Order) (Berardinelli, David)
May 19, 2022 Opinion or Order Filing 1 COMPLAINT against BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, GARY M. RESTAINO, UNITED STATES DEPARTMENT OF JUSTICE (Filing fee, including Administrative fee, $402, receipt number APAWDC-7111501), filed by NOT AN LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Civil Cover Sheet) (ijh)

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Plaintiff: NOT AN LLC doing business as JSD SUPPLY
Represented By: David J. Berardinelli
Represented By: Robert J Olson
Represented By: Stephen Stamboulieh
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Defendant: BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES
Represented By: Daniel Riess
Represented By: Martin M Tomlinson
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Defendant: UNITED STATES DEPARTMENT OF JUSTICE
Represented By: Daniel Riess
Represented By: Martin M Tomlinson
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Defendant: GARY M. RESTAINO
Represented By: Daniel Riess
Represented By: Martin M Tomlinson
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