National Association for Gun Rights, Inc. et al v. Garland et al
| National Association for Gun Rights Inc, Texas Gun Rights, Inc., Patrick Carey, James Wheeler and Travis Speegle |
| Merrick Garland, U.S. Department of Justice, Steven Dettelbach and Bureau of Alcohol, Tobacco, Firearms and Explosives |
| 4:2023cv00830 |
| August 9, 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 |
| 05 U.S.C. § 551 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on October 7, 2023. A more recent docket listing may be available from PACER.
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Filing 53
ORDER granting #22 Motion for Injunction (Ordered by Judge Reed C. O'Connor on 10/7/2023) (Judge Reed C. O'Connor)
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Filing 52
MOTION to Stay Deadline to Respond to Complaint filed by Bureau of Alcohol, Tobacco, Firearms and Explosives, Steven Dettelbach, Merrick Garland, U.S. Department of Justice (Attachments: #1 Proposed Order) (Clendenen, Michael)
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Filing 51
ELECTRONIC Minute Entry for proceedings held before Judge Reed C. O'Connor: Motion Hearing held on 10/2/2023 re #22 Motion for Injunction filed by Patrick Carey, Texas Gun Rights, Inc., National Association for Gun Rights Inc, Travis Speegle. Attorney Appearances: Plaintiff - Michael Columbo, Gary Lawkowski, Ben Sley; Defense - Laura Bakst, Michael Clendenen, Alexander Resar. (Court Reporter: Zoie Williams) (Exhibits admitted: Plaintiff A,B,D; Defense 1,2,3 - returned to party) Time in Court - 3:6. (chmb)
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Filing 50
ORDER setting time limits (Ordered by Judge Reed C. O'Connor on 9/29/2023) (Judge Reed C. O'Connor)
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Filing 49
ELECTRONIC ORDER granting #48 Application for Admission Pro Hac Vice of Michael Columbo. 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 9/27/2023) (chmb)
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Filing 48
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Michael Columbo (Filing fee $100; Receipt number ATXNDC-14064589) filed by Patrick Carey, National Association for Gun Rights Inc, Travis Speegle, Texas Gun Rights, Inc., James Wheeler (Attachments: #1 Proposed Order) (Davis, Whitney)
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Filing 47
REPLY filed by Patrick Carey, National Association for Gun Rights Inc, Travis Speegle, Texas Gun Rights, Inc., James Wheeler re: #22 MOTION for Injunction Preliminary (Attachments: #1 Exhibit(s)) (Davis, Whitney)
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Filing 46
ORDER: Before the Court is Plaintiffs' Unopposed Motion for Permission to File Reply in Excess of Page Limit (ECF No. #45 ), filed September 18, 2023. Noting the motion is unopposed and finding good cause, the Court GRANTS the motion for leave to file an over-length reply brief. (Ordered by Judge Reed C. O'Connor on 9/18/2023) (sre)
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Filing 45
MOTION Extend Page Limit filed by Patrick Carey, National Association for Gun Rights Inc, Travis Speegle, Texas Gun Rights, Inc., James Wheeler (Attachments: #1 Proposed Order) (Davis, Whitney)
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Filing 44
ORDER: Before the Court is the parties' Joint Motion to Reschedule Hearing (ECF No. #43 ), filed on September 13, 2023. After due consideration, the Court finds good cause to grant the motion. Accordingly, it is hereby ORDERED that: 1. The hearing on Plaintiffs' Motion for Preliminary Injunction, previously scheduled for Monday, September 25, 2023 (ECF No. #42 ), shall be reset for Monday, October 2, 2023, at 9:00 a.m. in the Second Floor Courtroom, 501 W. 10th Street, Fort Worth, Texas. 2. By stipulation of the parties, the Court's temporary restraining order entered on August 30, 2023 (ECF No. #36 ) shall expire on October 7, 2023 or on the date the Court issues its ruling on the preliminary injunction motion, whichever is earlier. (Ordered by Judge Reed C. O'Connor on 9/14/2023) (sre)
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Filing 43
MOTION (Joint) to Reschedule Hearing filed by Bureau of Alcohol, Tobacco, Firearms and Explosives, Steven Dettelbach, Merrick Garland, U.S. Department of Justice (Attachments: #1 Proposed Order) (Clendenen, Michael)
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Hearing Modification: Hearing set and reset. Motion Hearing set for 9/25/2023 at 09:00 AM in US Courthouse, Courtroom 2nd Floor, 501 W. 10th St. Fort Worth, TX 76102-3673 before Judge Reed C. O'Connor. (sre)
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Filing 42
ORDER deferring ruling on #22 Motion for Injunction and setting hearing. See order for detail. (Ordered by Judge Reed C. O'Connor on 9/8/2023) (Judge Reed C. O'Connor)
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Filing 41
Notice of Manual Filing of Video Exhibits by All Defendants re #39 Response/Objection In Opposition To Plaintiffs' Motion For Preliminary Injunction (Attachments: #1 Declaration(s) of Daniel Hoffman) (Resar, Alexander)
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Filing 40
Appendix in Support filed by Bureau of Alcohol, Tobacco, Firearms and Explosives, Steven Dettelbach, Merrick Garland, U.S. Department of Justice re #39 Response/Objection In Opposition To Plaintiffs' Motion For Preliminary Injunction (Attachments: #1 Appendix Part I, #2 Appendix Part II, #3 Appendix Part III, #4 Appendix Part IV, #5 Appendix Part V, #6 Appendix Part VI) (Resar, Alexander)
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Filing 39
RESPONSE filed by Bureau of Alcohol, Tobacco, Firearms and Explosives, Steven Dettelbach, Merrick Garland, U.S. Department of Justice re: #22 MOTION for Injunction Preliminary (Resar, Alexander)
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Filing 38
ORDER: Before the Court is the parties' Joint Motion for Extension of Time (ECF No. #37 ), filed on August 31, 2023. After due consideration, the Court finds the parties' proposed modifications to the briefing schedule to be appropriate. Therefore, the Court GRANTS the Joint Motion for Extension and ORDERS as follows: 1. Defendants shall file their response to the Motion for a Preliminary Injunction by September 8, 2023. 2. Plaintiffs shall file their reply in support of the Motion for a Preliminary Injunction by September 22, 2023. 3. By stipulation of the parties, the Court's temporary restraining order entered on August 30, 2023 (ECF No. #36 ) shall expire on September 30, 2023 or on the date the Court issues its ruling on the preliminary injunction motion, whichever is earlier. (Ordered by Judge Reed C. O'Connor on 8/31/2023) (sre)
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Filing 37
Joint MOTION to Extend Time filed by Bureau of Alcohol, Tobacco, Firearms and Explosives, Steven Dettelbach, Merrick Garland, U.S. Department of Justice (Attachments: #1 Proposed Order) (Clendenen, Michael)
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Filing 36
OPINION & ORDER ON PLAINTIFFS' #17 MOTION FOR TEMPORARY RESTRAINING ORDER: The Court GRANTS Plaintiffs' Motion for Temporary Restraining Order to preserve the status quo until September 27, 2023 or until such time that the Court rules on Plaintiffs' Motion for Preliminary Injunction (ECF No. #22 ). The Court ORDERS that Defendants are ENJOINED from implementing or enforcing against Plaintiffs Carey, Speegle, and Wheeler, in any manner, the ATFs expanded definition of "machinegun" that this Court has determined is likely unlawful. (Ordered by Judge Reed C. O'Connor on 8/30/2023) (bdb)
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Filing 35
NOTICE of Attorney Appearance by Alexander William Resar on behalf of Bureau of Alcohol, Tobacco, Firearms and Explosives, Steven Dettelbach, Merrick Garland, U.S. Department of Justice. (Filer confirms contact info in ECF is current.) (Resar, Alexander)
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Filing 34
Appendix in Support filed by National Association for Gun Rights Inc re #33 Reply to Response to Motion for TRO (Whitley, Julian)
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Filing 33
REPLY filed by National Association for Gun Rights Inc re: #17 MOTION for Temporary Restraining Order (Whitley, Julian)
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Filing 32
RESPONSE filed by Bureau of Alcohol, Tobacco, Firearms and Explosives, Steven Dettelbach, Merrick Garland, U.S. Department of Justice re: #17 MOTION for Temporary Restraining Order (Clendenen, Michael)
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Filing 31
NOTICE of Attorney Appearance by Laura Bakst on behalf of Bureau of Alcohol, Tobacco, Firearms and Explosives, Steven Dettelbach, Merrick Garland, U.S. Department of Justice. (Filer confirms contact info in ECF is current.) (Bakst, Laura)
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Filing 30
ELECTRONIC ORDER granting #12 Application for Admission Pro Hac Vice of Gary Lawkowski. 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 8/20/2023) (chmb)
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Filing 29
ELECTRONIC ORDER granting #11 Application for Admission Pro Hac Vice of David Alan Warrington. 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 8/20/2023) (chmb)
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Filing 28
ELECTRONIC ORDER granting #10 Application for Admission Pro Hac Vice of Jonathan Shaw. 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 8/20/2023) (chmb)
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Filing 27
ELECTRONIC ORDER granting #9 Application for Admission Pro Hac Vice of Glenn D. Bellamy. 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 8/20/2023) (chmb)
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Filing 26
ORDER: Before the Court is the parties' Joint Proposed Briefing Schedule (ECF No. #25 ), filed on August 18, 2023. After due consideration, the Court finds the parties' proposed briefing schedule to be appropriate. Therefore, the Court GRANTS the Joint Proposed Briefing Schedule and ORDERS as follows: 1. Defendants shall file their response to the Motion for a Temporary Restraining Order by August 21, 2023. 2. Plaintiffs shall file their reply in support of the Motion for a Temporary Restraining Order by August 25, 2023. 3. Defendants shall file their response to the Motion for a Preliminary Injunction by September 5, 2023. 4. Plaintiffs shall file their reply in support of the Motion for a Preliminary Injunction by September 19, 2023. (Ordered by Judge Reed C. O'Connor on 8/18/2023) (sre)
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Filing 25
NOTICE of Joint Proposed Briefing Schedule filed by Bureau of Alcohol, Tobacco, Firearms and Explosives, Steven Dettelbach, Merrick Garland, U.S. Department of Justice (Attachments: #1 Proposed Order) (Clendenen, Michael) Modified on 8/18/2023 (sre).
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Filing 24
PROPOSED ORDER for #22 MOTION for Injunction filed by Patrick Carey, National Association for Gun Rights Inc, Travis Speegle, Texas Gun Rights, Inc., James Wheeler (Davis, Whitney) Modified to terminate motion and correct docket text on 8/16/2023 (cea).
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Filing 23
Appendix in Support filed by Patrick Carey, National Association for Gun Rights Inc, Travis Speegle, Texas Gun Rights, Inc., James Wheeler re #22 MOTION for Injunction Preliminary (Davis, Whitney)
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Filing 22
MOTION for Injunction Preliminary filed by Patrick Carey, National Association for Gun Rights Inc, Travis Speegle, Texas Gun Rights, Inc. with Brief/Memorandum in Support. (Davis, Whitney)
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Filing 21
NOTICE of Attorney Appearance by Michael Patrick Clendenen on behalf of Bureau of Alcohol, Tobacco, Firearms and Explosives, Steven Dettelbach, Merrick Garland, U.S. Department of Justice. (Filer confirms contact info in ECF is current.) (Clendenen, Michael)
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Filing 20
ORDER deferring ruling on #17 Motion for TRO. The Court therefore ORDERS Plaintiffs to confer with Defendants and agree on a briefing schedule to address this motion. The parties are to file a joint notice outlining the agreed briefing schedule no later than August 18, 2023. (Ordered by Judge Reed C. O'Connor on 8/14/2023) (chmb) (Main Document 20 replaced on 8/15/2023) (sre).
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Filing 19
Appendix in Support filed by Patrick Carey, National Association for Gun Rights, Inc., Travis Speegle, Texas Gun Rights, Inc., James Wheeler re #18 Brief/Memorandum in Support of Motion, #17 MOTION for Temporary Restraining Order (Davis, Whitney)
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Filing 18
Brief/Memorandum in Support filed by Patrick Carey, National Association for Gun Rights, Inc., Travis Speegle, Texas Gun Rights, Inc., James Wheeler re #17 MOTION for Temporary Restraining Order (Davis, Whitney)
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Filing 17
MOTION for Temporary Restraining Order filed by Patrick Carey, National Association for Gun Rights, Inc., Travis Speegle, Texas Gun Rights, Inc., James Wheeler (Davis, Whitney)
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Filing 16
Designation of lead counsel Whitney Aaron Davis for Plaintiff National Association for Gun Rights, Inc.. (Davis, Whitney)
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Filing 15
NOTICE of Related Case filed by National Association for Gun Rights, Inc. (Davis, Whitney)
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Filing 14
NOTICE of Attorney Appearance by Whitney Aaron Davis for Julian Whitley; Benjamin Sley on behalf of National Association for Gun Rights, Inc.. (Davis, Whitney)
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Filing 13
ADDITIONAL ATTACHMENTS to #1 Complaint,,,, by Plaintiff National Association for Gun Rights, Inc.. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s), #7 Exhibit(s), #8 Exhibit(s), #9 Exhibit(s)) (Davis, Whitney)
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Filing 12
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Gary Lawkowski (Filing fee $100; Receipt number ATXNDC-13944977) filed by National Association for Gun Rights, Inc. (Attachments: #1 Proposed Order) (Davis, Whitney)
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Filing 11
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney David Alan Warrington (Filing fee $100; Receipt number ATXNDC-13944915) filed by National Association for Gun Rights, Inc. (Attachments: #1 Proposed Order) (Davis, Whitney)
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Filing 10
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Jonathan Shaw (Filing fee $100; Receipt number ATXNDC-13944860) filed by National Association for Gun Rights, Inc. (Attachments: #1 Proposed Order) (Davis, Whitney)
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Filing 9
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Glenn D. Bellamy (Filing fee $100; Receipt number ATXNDC-13944793) filed by National Association for Gun Rights, Inc. (Attachments: #1 Proposed Order) (Davis, Whitney)
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Filing 8
Summons issued as to Bureau of Alcohol, Tobacco, Firearms and Explosives, Steven Dettelbach, Merrick Garland, U.S. Department of Justice, U.S. Attorney, and U.S. Attorney General. (sre)
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Filing 7
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. (sre)
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Filing 6
Request for Clerk to issue Summons filed by National Association for Gun Rights, Inc.. (Davis, Whitney)
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Filing 5
Request for Clerk to issue Summons filed by National Association for Gun Rights, Inc.. (Davis, Whitney)
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Filing 4
Request for Clerk to issue Summons filed by National Association for Gun Rights, Inc.. (Davis, Whitney)
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Filing 3
Request for Clerk to issue Summons filed by National Association for Gun Rights, Inc.. (Davis, Whitney)
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Filing 2
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by National Association for Gun Rights, Inc.. (Clerk QC note: Affiliate entry indicated). (Davis, Whitney)
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Filing 1
COMPLAINT against All Defendants filed by National Association for Gun Rights, Inc.. (Filing fee $402; Receipt number ATXNDC-13944328) 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 Cover Sheet, #2 Additional Page(s)) (Davis, Whitney)
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