Watterson v. Bureau of Alcohol, Tobacco, Firearms and Explosives et al
| Blake J Watterson |
| Bureau of Alcohol, Tobacco, Firearms and Explosives, Steven Dettelbach, United States Department of Justice, Merrick Garland and United States of America |
| 4:2023cv00080 |
| January 31, 2023 |
| US District Court for the Eastern District of Texas |
| Amos L Mazzant |
| 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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This docket was last retrieved on March 1, 2024. A more recent docket listing may be available from PACER.
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Filing 37
ORDER granting in part #7 Motion for Relief Under 5 U.S.C. 705 or,Alternatively, for a Preliminary Injunction. It is further ORDERED that Defendants are ENJOINED from enforcing the Final Rule against Plaintiff in this case. The preliminary injunction shall remain in effect pending resolution of the Fifth Circuits decision in Mock v. Garland. It is further ORDERED that the parties shall submit briefing within fourteen (14) days of this Order addressing whether the Court should stay this action until the Fifth Circuit's decision in Mock v. Garland. Signed by District Judge Amos L. Mazzant, III on 6/7/2023. (daj, )
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Filing 36
NOTICE by Blake J Watterson re #7 MOTION for Relief Under 5 U.S.C. 705 or, Alternatively, for a Preliminary Injunction of Supplemental Authority (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Patterson, Autumn)
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Filing 35
RESPONSE to #33 Notice (Other) filed by Bureau of Alcohol, Tobacco, Firearms and Explosives, Steven Dettelbach, Merrick Garland, United States Department of Justice, United States of America. (Lowenstein, Jody)
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Filing 34
NOTICE by Bureau of Alcohol, Tobacco, Firearms and Explosives, Steven Dettelbach, Merrick Garland, United States Department of Justice, United States of America (Attachments: #1 Exhibit Miller Opinion)(Lowenstein, Jody)
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Filing 33
NOTICE by Blake J Watterson re #7 MOTION for Relief Under 5 U.S.C. 705 or, Alternatively, for a Preliminary Injunction of Supplemental Authority (Attachments: #1 Exhibit 1)(Patterson, Autumn)
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Filing 32
NOTICE by Bureau of Alcohol, Tobacco, Firearms and Explosives, Steven Dettelbach, Merrick Garland, United States Department of Justice, United States of America re #23 Response in Opposition to Motion, of Supplemental Authority (Attachments: #1 Exhibit Supplemental Authority)(Lowry, Faith)
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Filing 31
RESPONSE in Opposition re #30 MOTION for Extension of Time to File Response/Reply as to #6 MOTION for Summary Judgment filed by Blake J Watterson. (Attachments: #1 Text of Proposed Order)(Patterson, Autumn)
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Filing 30
MOTION for Extension of Time to File Response/Reply as to #6 MOTION for Summary Judgment by Bureau of Alcohol, Tobacco, Firearms and Explosives, Steven Dettelbach, Merrick Garland, United States Department of Justice, United States of America. (Attachments: #1 Text of Proposed Order)(Lowry, Faith)
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Filing 29
NOTICE by Bureau of Alcohol, Tobacco, Firearms and Explosives, Steven Dettelbach, Merrick Garland, United States Department of Justice, United States of America of Errata (Attachments: #1 Exhibit 1- Corrected Brief, #2 Exhibit 2- Redline Brief)(Drezner, Michael)
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Filing 28
ORDER granting #17 Joint MOTION for a Scheduling Order re #6 MOTION for Summary Judgment Scheduling Order filed by Blake J Watterson. Signed by District Judge Amos L. Mazzant, III on 3/8/2023. (daj, )
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Filing 27
SUR-REPLY to Reply to Response to Motion re #7 MOTION for Relief Under 5 U.S.C. 705 or, Alternatively, for a Preliminary Injunction filed by Bureau of Alcohol, Tobacco, Firearms and Explosives, Steven Dettelbach, Merrick Garland, United States Department of Justice, United States of America. (Lowry, Faith)
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Filing 26
ORDER granting #22 Motion for Leave to Exceed Page Limit. Signed by District Judge Amos L. Mazzant, III on 2/27/2023. (daj, )
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Filing 25
REPLY to Response to Motion re #7 MOTION for Relief Under 5 U.S.C. 705 or, Alternatively, for a Preliminary Injunction filed by Blake J Watterson. (Patterson, Autumn)
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Filing 24
RESPONSE in Opposition re #22 MOTION for Leave to File Opposition Exceeding Page Limits filed by Blake J Watterson. (Attachments: #1 Text of Proposed Order)(Patterson, Autumn)
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Filing 23
RESPONSE in Opposition re #7 MOTION for Relief Under 5 U.S.C. 705 or, Alternatively, for a Preliminary Injunction filed by Bureau of Alcohol, Tobacco, Firearms and Explosives, Steven Dettelbach, Merrick Garland, United States Department of Justice, United States of America. (Attachments: #1 Text of Proposed Order)(Lowry, Faith)
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Filing 22
MOTION for Leave to File Opposition Exceeding Page Limits by Bureau of Alcohol, Tobacco, Firearms and Explosives, Steven Dettelbach, Merrick Garland, United States Department of Justice, United States of America. (Attachments: #1 Text of Proposed Order)(Lowry, Faith) (Attachment 1 replaced on 2/24/2023) (daj, ).
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Filing 21
NOTICE of Attorney Appearance - Pro Hac Vice by Michael Drezner on behalf of All Defendants. Filing fee $ 100, receipt number ATXEDC-9357050. (Attachments: #1 Approved PHV Application)(Drezner, Michael)
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Filing 20
SUMMONS Returned Executed by Blake J Watterson. United States of America served on 1/31/2023, answer due 2/21/2023. (Calvin, Clayton)
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Filing 19
SUMMONS Returned Executed by Blake J Watterson. Merrick Garland served on 1/31/2023, answer due 2/21/2023. (Calvin, Clayton)
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Filing 18
ORDER granting #11 MOTION for Extension of Time to File Response as to #7 MOTION for Relief Under 5 U.S.C. 705 or, Alternatively, for a Preliminary Injunction filed by Merrick Garland, United States Department of Justice, Steven Dettelbach, Bureau of Alcohol, Tobacco, Firearms and Explosives, United States of America; granting in part #8 Emergency MOTION to Expedite Consideration filed by Blake J Watterson. Signed by District Judge Amos L. Mazzant, III on 2/9/2023. (daj, )
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Filing 17
Joint MOTION re #6 MOTION for Summary Judgment Scheduling Order by Blake J Watterson. (Attachments: #1 Text of Proposed Order)(Patterson, Autumn)
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Filing 16
SUMMONS Returned Executed by Blake J Watterson. United States Department of Justice served on 1/31/2023, answer due 2/21/2023. (Calvin, Clayton)
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Filing 15
SUMMONS Returned Executed by Blake J Watterson. Steven Dettelbach served on 1/31/2023, answer due 2/21/2023. (Calvin, Clayton)
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Filing 14
SUMMONS Returned Executed by Blake J Watterson. Bureau of Alcohol, Tobacco, Firearms and Explosives served on 1/31/2023, answer due 2/21/2023. (Calvin, Clayton)
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Answer Due Deadline Updated for Bureau of Alcohol, Tobacco, Firearms and Explosives to 4/1/2023; Steven Dettelbach to 4/1/2023; United States Department of Justice to 4/1/2023. (Summons executed as to USA) (daj, )
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Filing 13
RESPONSE in Opposition re #11 MOTION for Extension of Time to File Response/Reply as to #7 MOTION for Relief Under 5 U.S.C. 705 or, Alternatively, for a Preliminary Injunction filed by Blake J Watterson. (Attachments: #1 Text of Proposed Order)(Patterson, Autumn)
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Filing 12
ORDER that Plaintiff shall file a Response to Defendants' motion by 5:00 pm on Thursday, 2/9/2023 re #11 MOTION for Extension of Time to File Response/Reply as to #7 MOTION for Relief Under 5 U.S.C. 705 or, Alternatively, for a Preliminary Injunction filed by Merrick Garland, United States Department of Justice, Steven Dettelbach, Bureau of Alcohol, Tobacco, Firearms and Explosives, United States of America. Signed by District Judge Amos L. Mazzant, III on 2/8/23. (dm, )
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Filing 11
MOTION for Extension of Time to File Response/Reply as to #7 MOTION for Relief Under 5 U.S.C. 705 or, Alternatively, for a Preliminary Injunction by Bureau of Alcohol, Tobacco, Firearms and Explosives, Steven Dettelbach, Merrick Garland, United States Department of Justice, United States of America. (Attachments: #1 Text of Proposed Order Proposed Order)(Lowry, Faith)
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Filing 10
NOTICE of Attorney Appearance - Pro Hac Vice by Faith Lowry on behalf of All Defendants. Filing fee $ 100, receipt number ATXEDC-9347246. (Attachments: #1 Approved Application to Appear PHV)(Lowry, Faith)
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Filing 9
NOTICE of Attorney Appearance - Pro Hac Vice by Jody D. Lowenstein on behalf of All Defendants. Filing fee $ 100, receipt number ATXEDC-9346851. (Attachments: #1 Approved Application to Appear Pro Hac Vice)(Lowenstein, Jody) (Additional attachment(s) added on 2/8/2023: #2 Sealed Attachment) (nkl, ).
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Filing 8
Emergency MOTION to Expedite Consideration by Blake J Watterson. (Attachments: #1 Text of Proposed Order)(Patterson, Autumn)
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Filing 7
MOTION for Relief Under 5 U.S.C. 705 or, Alternatively, for a Preliminary Injunction by Blake J Watterson. (Attachments: #1 Text of Proposed Order)(Patterson, Autumn)
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Filing 6
MOTION for Summary Judgment by Blake J Watterson. (Attachments: #1 Exhibit Table of Contents, #2 Exhibit 1, #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 Text of Proposed Order)(Patterson, Autumn)
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Filing 5
Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General: Bureau of Alcohol, Tobacco, Firearms and Explosives (Attachments: #1 Summons Steven Dettelbach, #2 Summons United States Department of Justice, #3 Summons Merrick Garland, #4 Summons United States of America) #5 Summons United States Attorney's Office) (mmc). (Attachment 5 replaced on 1/31/2023) (mmc, ).
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Filing 4
NOTICE of Attorney Appearance by Clayton Way Calvin on behalf of All Plaintiffs (Calvin, Clayton)
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Filing 3
NOTICE of Attorney Appearance by Robert Earl Henneke on behalf of All Plaintiffs (Henneke, Robert)
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Filing 2
NOTICE of Attorney Appearance by Chance Dean Weldon on behalf of All Plaintiffs (Weldon, Chance)
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Filing 1
COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 402 receipt number ATXEDC-9333605.), filed by Blake J Watterson. (Attachments: #1 Exhibit Exhibits Table of Contents, #2 Exhibit 1 - Nov 26 2012 ATF Letter, #3 Exhibit 2 - Dec 22 2015 ATF Letter, #4 Exhibit 3 - Jan 12 2017 ATF Letter, #5 Exhibit 4 - Mar 5 2014 ATF Letter, #6 Exhibit 5 - ATF Open Letter, #7 Exhibit 6 - Mar 21 2017 ATF Letter, #8 Exhibit 7 - Aug 30 2010 ATF Letter, #9 Exhibit 8 - Aug 5 2011 ATF Letter, #10 Exhibit 9 - June 25 2019 ATF Letter, #11 Civil Cover Sheet, #12 Civil Cover Sheet)(Patterson, Autumn)
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Case assigned to District Judge Amos L. Mazzant, III. (mmc)
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In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (mmc)
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