Mock et al v. Garland et al
| William T Mock, Christopher Lewis, Firearms Policy Coalition Inc and Maxim Defense Industries, LLC |
| Merrick Garland, United States Department of Justice, Bureau of Alcohol Tobacco Firearms and Explosives and Steven Dettelbach |
| 4:2023cv00095 |
| January 31, 2023 |
| US District Court for the Northern District of Texas |
| Reed C O'Connor |
| Other Statutes: Administrative Procedure Act/Review or Appeal of Agency Decision |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on October 2, 2023. A more recent docket listing may be available from PACER.
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Filing 47
ORDER expediting briefing on Plaintiffs' #41 Motion for Injunction Pending Appeal. (Ordered by Judge Reed C. O'Connor on 3/31/2023) (chmb)
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Filing 46
MEET AND CONFER ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: Proposed Scheduling Order due by 4/28/2023. Lead counsel for each party (or a designee attorney with appropriate authority) and any unrepresented party (except for a prisoner litigant proceeding pro se) shall confer (the "Scheduling Conference") as soon as practicable, but in any event no later than April 14, 2023. As a result of the Scheduling Conference, counsel shall prepare and submit a Report Regarding Contents of Scheduling Order ("Joint Report"). The Joint Report shall also include a status report on settlement negotiations but shall not disclose settlement figures. The Joint Report, which shall be filed on or before April 28, 2023. (Ordered by Judge Reed C. O'Connor on 3/31/2023) (tjc)
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Filing 45
ORDER granting in part #39 Motion for Extension of Time to File Answer. Having considered the motion and noting it is unopposed, the Court GRANTS the motion in part. Defendants' Answer shall be filed no later than April 28, 2023. (Ordered by Judge Reed C. O'Connor on 3/31/2023) (tjc)
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Filing 44
USCA Case Number 23-10319 in United States Court of Appeals 5th Circuit for #43 Notice of Appeal, filed by Christopher Lewis, William T Mock, Firearms Policy Coalition Inc, Maxim Defense Industries, LLC. (tle)
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Filing 43
NOTICE OF INTERLOCUTORY APPEAL as to #40 Memorandum Opinion and Order,, to the Fifth Circuit by Firearms Policy Coalition Inc, Christopher Lewis, Maxim Defense Industries, LLC, William T Mock. Filing fee $505, receipt number BTXNDC-13629611. T.O. form to appellant electronically at #Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions #here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Wisniewski, Cody)
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Filing 42
Brief/Memorandum in Support filed by Firearms Policy Coalition Inc, Christopher Lewis, Maxim Defense Industries, LLC, William T Mock re #41 MOTION for Injunction Pending Appeal (Wisniewski, Cody)
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Filing 41
MOTION for Injunction Pending Appeal filed by Firearms Policy Coalition Inc, Christopher Lewis, Maxim Defense Industries, LLC, William T Mock (Attachments: #1 Proposed Order)Attorney Cody J Wisniewski added to party Maxim Defense Industries, LLC(pty:pla) (Wisniewski, Cody)
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Filing 40
OPINION & ORDER ON #33 PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION OR, IN THE ALTERNATIVE, FOR POSTPONEMENT OF THE EFFECTIVE DATE OF THE FINAL RULE: Having considered the parties' briefing and applicable law, the Court holds that Plaintiffs have not carried their burden to demonstrate their substantial likelihood of success on the merits of any of their claims and therefore DENIES #33 Plaintiffs' motion for preliminary injunctive relief or, in the alternative, for postponement of the Final Rules effective date. (Ordered by Judge Reed C. O'Connor on 3/30/2023) (tjc)
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Filing 39
Unopposed Motion for Extension of Time to File Answer filed by Bureau of Alcohol Tobacco Firearms and Explosives, Steven Dettelbach, Merrick Garland, United States Department of Justice with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Lowenstein, Jody)
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Filing 38
REPLY filed by Firearms Policy Coalition Inc, Christopher Lewis, Maxim Defense Industries, LLC, William T Mock re: #33 MOTION for Injunction or, in the Alternative, for Postponement of the Effective Date of the Final Rule (Attachments: #1 Declaration(s) Supplemental Declaration of David Dahl) (Wisniewski, Cody)
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Filing 37
RESPONSE filed by Bureau of Alcohol Tobacco Firearms and Explosives, Steven Dettelbach, Merrick Garland, United States Department of Justice re: #33 MOTION for Injunction or, in the Alternative, for Postponement of the Effective Date of the Final Rule (Lowenstein, Jody)
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Filing 36
Brief/Memorandum in Support filed by Firearms Policy Coalition Inc, Christopher Lewis, Maxim Defense Industries, LLC, William T Mock re #33 MOTION for Injunction or, in the Alternative, for Postponement of the Effective Date of the Final Rule (Attachments: #1 Declaration(s) Brandon Combs, #2 Declaration(s) David Dahl, #3 Declaration(s) Christopher Lewis, #4 Declaration(s) William T. Mock) (Cooper, R)
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Filing 35
***PLEASE DISREGARD PER ATTORNEY, PLEASE SEE DOC #36 *** Brief/Memorandum in Support filed by William T Mock re #33 MOTION for Injunction or, in the Alternative, for Postponement of the Effective Date of the Final Rule (Attachments: #1 Declaration(s), #2 Declaration(s), #3 Declaration(s), #4 Declaration(s)) (Cooper, R) Modified on 2/22/2023 (sre).
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Filing 34
***PLEASE DISREGARD PER ATTORNEY, PLEASE SEE DOC #36 *** Brief/Memorandum in Support filed by William T Mock re #33 MOTION for Injunction or, in the Alternative, for Postponement of the Effective Date of the Final Rule (Cooper, R) Modified on 2/22/2023 (sre).
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Filing 33
MOTION for Injunction or, in the Alternative, for Postponement of the Effective Date of the Final Rule filed by William T Mock, Christopher Lewis, Maxim Defense Industries, LLC, and Firearms Policy Coalition, Inc. (Attachments: #1 Proposed Order) (Cooper, R) Modified filers on 2/22/2023 (mmw).
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Filing 32
ORDER granting #26 the parties' motion and ORDERS the parties to comply with the following briefing schedule: On or before February 21, 2023, Plaintiffs will file their motion for preliminary relief; On or before March 10, 2023, Defendants will file their response to Plaintiffs motion; On or before March 17, 2023, Plaintiffs may file a reply in support of their motion. Both parties MAY file an initial brief that is at most 45 pages. Accordingly, the briefing schedule entered by this Court's Order of February 14, 2023 (ECF No. #20 ), expediting responses to Plaintiff's motion for overlength briefing is thereby VACATED and the related motion (ECF No. #19 ) is moot. (Ordered by Judge Reed C. O'Connor on 2/21/2023) (tjc)
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Filing 31
SUMMONS Returned Executed as to Merrick Garland ; served on 2/9/2023. (Cooper, R)
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Filing 30
SUMMONS Returned Executed as to Steven Dettelbach; served on 2/9/2023. (Cooper, R) Modified on 2/21/2023 (dgt).
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Filing 29
SUMMONS Returned Executed as to Merrick Garland ; served on 2/10/2023. (Cooper, R)
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Filing 28
SUMMONS Returned Executed as to Steven Dettelbach ; served on 2/9/2023. (Cooper, R)
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Filing 27
SUMMONS Returned Executed as to Bureau of Alcohol Tobacco Firearms and Explosives ; served on 2/10/2023. (Cooper, R)
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Filing 26
MOTION to Enter Proposed Briefing Schedule filed by Bureau of Alcohol Tobacco Firearms and Explosives, Steven Dettelbach, Merrick Garland, United States Department of Justice (Attachments: #1 Proposed Order) (Lowenstein, Jody)
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Filing 25
NOTICE of Attorney Appearance by Jody Dale Lowenstein on behalf of Bureau of Alcohol Tobacco Firearms and Explosives, Steven Dettelbach, Merrick Garland, United States Department of Justice. (Filer confirms contact info in ECF is current.) (Lowenstein, Jody)
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Filing 24
NOTICE of Compliance of Court Order re: #20 Order Setting Deadline/Hearing,, filed by Firearms Policy Coalition Inc, Christopher Lewis, Maxim Defense Industries, LLC, William T Mock (Cooper, R)
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Filing 23
SUMMONS Returned Executed. (Cooper, R)
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Filing 22
SUMMONS Returned Executed as to United States Department of Justice ; served on 2/9/2023. (Cooper, R)
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Filing 21
SUMMONS Returned Executed as to Bureau of Alcohol Tobacco Firearms and Explosives ; served on 2/9/2023. (Cooper, R)
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Filing 20
ORDER: Before the Court is Plaintiffs' Emergency Motion for Leave to File Brief in Excess of Page Limit (ECF No. 19), filed February 9, 2023. To expedite resolution of the motion, the Court ORDERS that Defendants' Response is due no later than February 21, 2023. Plaintiffs' Reply is due no later than February 23, 2024. Plaintiffs SHALL serve Defendants with notice of this Order no later than February 15, 2023 and inform that Court that it has done so. (Ordered by Judge Reed C. O'Connor on 2/14/2023) (tjc)
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Filing 19
MOTION for Leave to File Brief in Excess of Page Limit filed by Firearms Policy Coalition Inc, Christopher Lewis, Maxim Defense Industries, LLC, William T Mock (Attachments: #1 Proposed Order) (Cooper, R)
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Filing 18
SUMMONS Returned Executed as to United States Department of Justice ; served on 2/3/2023. (Cooper, R)
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Filing 17
SUMMONS Returned Executed as to Steven Dettelbach ; served on 2/3/2023. (Cooper, R)
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Filing 16
SUMMONS Returned Executed as to Merrick Garland ; served on 2/3/2023. (Cooper, R)
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Filing 15
SUMMONS Returned Executed as to Bureau of Alcohol Tobacco Firearms and Explosives ; served on 2/3/2023. (Cooper, R)
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Filing 14
AMENDED Certificate of Interested Persons/Disclosure Statement by Firearms Policy Coalition Inc, Christopher Lewis, Maxim Defense Industries, LLC, William T Mock. Amendment to #6 Cert. Of Interested Persons/Disclosure Statement,. . (Cooper, R) Modified on 2/8/2023 (dgt).
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Filing 13
AMENDED COMPLAINT FIRST AMENDED PETITION FOR JUDICIAL REVIEW AND REQUEST FOR VACATUR OF AGENCY ACTION, AND COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants filed by Firearms Policy Coalition Inc, Christopher Lewis, William T Mock, Maxim Defense Industries, LLC. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Cooper, R)
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Filing 12
ELECTRONIC ORDER granting #11 Application for Admission Pro Hac Vice of CODY J. WISNIEWSKI. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 2/1/2023) (chmb)
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Filing 11
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Cody J. Wisniewski (Filing fee $100; Receipt number ATXNDC-13483464) filed by Firearms Policy Coalition Inc, Christopher Lewis, William T Mock (Attachments: #1 Proposed Order Admission for Pro Hac Vice, #2 Exhibit(s) Certificate of Good Standing) (Cooper, R) (Main Document 11 replaced on 1/31/2023) (tjc).
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Filing 10
New Case Notes: A filing fee has been paid. File to: Judge O Connor. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (tjc)
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Filing 9
Summons issued as to Bureau of Alcohol Tobacco Firearms and Explosives, Steven Dettelbach, Merrick Garland, United States Department of Justice, U.S. Attorney, and U.S. Attorney General. (mms)
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Filing 8
New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Rutherford). Clerk to provide copy to plaintiff if not received electronically. (mms)
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Filing 7
NOTICE of Related Case filed by Firearms Policy Coalition Inc, Christopher Lewis, William T Mock (Cooper, R) Modified text on 1/31/2023 (mms).
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Filing 6
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Firearms Policy Coalition Inc, Christopher Lewis, William T Mock. (Clerk QC note: No affiliate entered in ECF). (Cooper, R) (Main Document 6 replaced to flatten pdf on 1/31/2023) (mms). Modified text on 1/31/2023 (mms).
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Filing 5
Request for Clerk to issue Summons filed by Firearms Policy Coalition Inc, Christopher Lewis, William T Mock. (Cooper, R) (Main Document 5 replaced to flatten pdf on 1/31/2023) (mms). Modified text on 1/31/2023 (mms).
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Filing 4
Request for Clerk to issue Summons filed by Firearms Policy Coalition Inc, Christopher Lewis, William T Mock. (Cooper, R) (Main Document 4 replaced to flatten pdf on 1/31/2023) (mms). Modified text on 1/31/2023 (mms).
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Filing 3
Request for Clerk to issue Summons filed by Firearms Policy Coalition Inc, Christopher Lewis, William T Mock. (Cooper, R) (Main Document 3 replaced to flatten pdf on 1/31/2023) (mms). Modified text on 1/31/2023 (mms).
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Filing 2
Request for Clerk to issue Summons filed by Firearms Policy Coalition Inc, Christopher Lewis, William T Mock. (Cooper, R) (Main Document 2 replaced to flatten pdf on 1/31/2023) (mms). Modified text on 1/31/2023 (mms).
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Filing 1
COMPLAINT against All Defendants filed by William T Mock, Firearms Policy Coalition Inc, Christopher Lewis. (Filing fee $402; Receipt number ATXNDC-13481974) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) Exhibit 1, #2 Cover Sheet Civil Cover Sheet, #3 Cover Sheet Supplement Civil Cover Sheet Attachment) (Cooper, R) (Attachment 2 replaced to flatten pdf on 1/31/2023) (mms). Modified on 1/31/2023 (mms).
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