PW Arms, Inc. v. United States of America et al
Plaintiff: PW Arms, Inc.
Defendant: Bureau of Alcohol, Tobacco, Firearms and Explosives and United States of America
Case Number: 2:2015cv01990
Filed: December 18, 2015
Court: US District Court for the Western District of Washington
Office: Seattle Office
County: King
Presiding Judge: John C Coughenour
Nature of Suit: Personal Property: Other
Cause of Action: 28 U.S.C. § 2674
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 17, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 17, 2017 Filing 64 JUDGMENT BY COURT. The Court dismissed the Federal Tort Claims Act claim (Dkt. No. #27 ), granted the Government's motion for summary judgment on the Administrative Procedure Act claim (Dkt. No. #37 ), and granted in part the parties' cross-motions for summary judgment on the Freedom of Information Act Claim (Dkt. No. #50 ). (PM)
April 10, 2017 Opinion or Order Filing 63 ORDER denying plaintiff's #52 Motion for Attorney Fees by U.S. District Judge John C Coughenour.(RS)
March 24, 2017 Filing 62 DECLARATION of Thomas M. Brennan filed by Plaintiff PW Arms, Inc. re #52 MOTION for Attorney Fees and Costs Pursuant to Freedom of Information Act (Brennan, Thomas)
March 24, 2017 Filing 61 REPLY, filed by Plaintiff PW Arms, Inc., TO RESPONSE to #52 MOTION for Attorney Fees and Costs Pursuant to Freedom of Information Act (Brennan, Thomas)
March 20, 2017 Filing 60 DECLARATION of Jessica Andrade filed by Defendant United States of America re #52 MOTION for Attorney Fees and Costs Pursuant to Freedom of Information Act (Andrade, Jessica)
March 20, 2017 Filing 59 RESPONSE, by Defendant United States of America, to #52 MOTION for Attorney Fees and Costs Pursuant to Freedom of Information Act. (Attachments: #1 Proposed Order)(Andrade, Jessica)
March 9, 2017 Filing 58 DECLARATION of Patrick J. Preston in Support of PWA's Motion for Reimbursement of Attorneys' Fees and Costs Pursuant to Freedom of Information Act filed by Plaintiff PW Arms, Inc. re #52 MOTION for Attorney Fees and Costs Pursuant to Freedom of Information Act (Brennan, Thomas)
March 9, 2017 Filing 57 DECLARATION of Robert G. Chadwell in Support of PWA's Motion for Reimbursement of Attorneys' Fees and Costs Pursuant to Freedom of Information Act filed by Plaintiff PW Arms, Inc. re #52 MOTION for Attorney Fees and Costs Pursuant to Freedom of Information Act (Brennan, Thomas)
March 9, 2017 Filing 56 DECLARATION of D. Jack Guthrie in Support of PWA's Motion for Reimbursement of Attorneys' Fees and Costs Pursuant to Freedom of Information Act filed by Plaintiff PW Arms, Inc. re #52 MOTION for Attorney Fees and Costs Pursuant to Freedom of Information Act (Brennan, Thomas)
March 9, 2017 Filing 55 DECLARATION of Krysta A. Liveris in Support of PWA's Motion for Reimbursement of Attorneys' Fees and Costs Pursuant to Freedom of Information Act filed by Plaintiff PW Arms, Inc. re #52 MOTION for Attorney Fees and Costs Pursuant to Freedom of Information Act (Brennan, Thomas)
March 9, 2017 Filing 54 DECLARATION of Kimberly A. Hennessey in Support of PWA's Motion for Reimbursement of Attorneys' Fees and Costs Pursuant to Freedom of Information Act filed by Plaintiff PW Arms, Inc. re #52 MOTION for Attorney Fees and Costs Pursuant to Freedom of Information Act (Brennan, Thomas)
March 9, 2017 Filing 53 DECLARATION of Thomas M. Brennan in Support of PWA's Motion for Reimbursement of Attorneys' Fees and Costs Pursuant to Freedom of Information Act filed by Plaintiff PW Arms, Inc. re #52 MOTION for Attorney Fees and Costs Pursuant to Freedom of Information Act (Brennan, Thomas)
March 9, 2017 Filing 52 MOTION for Attorney Fees and Costs Pursuant to Freedom of Information Act, filed by Plaintiff PW Arms, Inc.. (Attachments: #1 Proposed Order Granting PWA's Motion for FOIA Attorneys' Fees and Costs) Noting Date 3/24/2017, (Brennan, Thomas)
January 24, 2017 Filing 51 NOTICE of Unavailability of counsel Jessica M. Andrade for Defendants Bureau of Alcohol, Tobacco, Firearms and Explosives, United States of America from 2/5/2017-2/11/2017. (Andrade, Jessica)
January 23, 2017 Opinion or Order Filing 50 ORDER by U.S. District Judge John C Coughenour granting in part and denying in part the parties' cross motions for partial summary judgment on the FOIA Claim, Dkt. Nos. #41 and #46 . (PM)
December 23, 2016 Filing 49 REPLY, filed by Plaintiff PW Arms, Inc., TO RESPONSE to #41 MOTION for Summary Judgment Fed. R. Civ. P. 56 (Attachments: #1 Certificate of Service)(Brennan, Thomas)
December 2, 2016 Filing 48 REPLY, filed by Defendants Bureau of Alcohol, Tobacco, Firearms and Explosives, United States of America, TO RESPONSE to #41 MOTION for Summary Judgment Fed. R. Civ. P. 56 (Attachments: #1 Exhibit 2nd Decl. of Stephanie Boucher)(Andrade, Jessica)
November 4, 2016 Filing 47 DECLARATION of Thomas M. Brennan in Support of PWA's Response to ATF's FOIA Summary Judgment Motion and Cross Motion for Summary Judgment filed by Plaintiff PW Arms, Inc. re #41 MOTION for Summary Judgment Fed. R. Civ. P. 56 (Attachments: #1 Certificate of Service)(Brennan, Thomas)
November 4, 2016 Filing 46 RESPONSE, by Plaintiff PW Arms, Inc., to #41 MOTION for Summary Judgment Fed. R. Civ. P. 56. (Attachments: #1 Proposed Order Granting Plaintiff's Motion for Summary Judgment and Awarding Attorneys' Fees and Costs, #2 Certificate of Service)(Brennan, Thomas)
October 7, 2016 Filing 45 NOTICE of Filing in Paper with the Clerk's Office: correct copy of the entire FOIA production re #41 Motion for Summary Judgment. (Placed on Clerk's Office filing shelf) (PM)
October 7, 2016 Filing 44 NOTICE of Filing a true and correct copy of the entire FOIA production in Paper or Physical Form with the Clerk's Office by Defendants Bureau of Alcohol, Tobacco, Firearms and Explosives, United States of America. inre #41 Motion for Summary Judgment,. (Andrade, Jessica)
October 7, 2016 Filing 43 DECLARATION of Stephanie Boucher filed by Defendants Bureau of Alcohol, Tobacco, Firearms and Explosives, United States of America re #41 MOTION for Summary Judgment Fed. R. Civ. P. 56 (Attachments: #1 Exhibit A - H to Boucher Decl, #2 Exhibit I - J)(Andrade, Jessica)
October 7, 2016 Filing 42 DECLARATION of Jessica M. Andrade filed by Defendants Bureau of Alcohol, Tobacco, Firearms and Explosives, United States of America re #41 MOTION for Summary Judgment Fed. R. Civ. P. 56 (Andrade, Jessica)
October 7, 2016 Filing 41 MOTION for Summary Judgment Fed. R. Civ. P. 56 by Defendants Bureau of Alcohol, Tobacco, Firearms and Explosives, United States of America. (Attachments: #1 Proposed Order Granting Defs Mtn for SJ and Denying Pltfs Mtn for SJ on FOIA Claim) Noting Date 12/23/2016, (Andrade, Jessica)
October 6, 2016 Filing 40 MINUTE ORDER by U.S. District Judge John C Coughenour granting #39 Stipulated Motion for a consolidated briefing schedule on cross-motions for summary judgment. The Court ADOPTS the briefing schedule as presented by the parties. (PM)
October 5, 2016 Filing 39 Stipulated MOTION for Order Establishing Briefing Schedule on Cross-Motions for Summary Judgment on FOIA Claim by Defendant United States of America. (Andrade, Jessica)
September 16, 2016 Filing 38 JOINT STATUS REPORT signed by all parties (Andrade, Jessica)
August 10, 2016 Opinion or Order Filing 37 ORDER by U.S. District Judge John C Coughenour denying Plaintiff's #29 Motion to supplement and strike; denying Plaintiff's #18 Motion for partial summary judgment and granting Defendants' #24 Motion for partial summary judgment. (PM)
June 3, 2016 Filing 36 REPLY, filed by Plaintiff PW Arms, Inc., TO RESPONSE to #29 MOTION to Supplement the Administrative Record and Strike Portions of the Administrative Record (Brennan, Thomas)
June 3, 2016 Filing 35 ANSWER to #1 Complaint, and Affirmative Defenses by Bureau of Alcohol, Tobacco, Firearms and Explosives, United States of America.(Andrade, Jessica)
May 31, 2016 Filing 34 DECLARATION of Jessica M. Andrade filed by Defendants Bureau of Alcohol, Tobacco, Firearms and Explosives, United States of America re #29 MOTION to Supplement the Administrative Record and Strike Portions of the Administrative Record (Andrade, Jessica)
May 31, 2016 Filing 33 RESPONSE, by Defendants Bureau of Alcohol, Tobacco, Firearms and Explosives, United States of America, to #29 MOTION to Supplement the Administrative Record and Strike Portions of the Administrative Record . (Attachments: #1 Proposed Order)(Andrade, Jessica)
May 20, 2016 Filing 32 Supplemental DECLARATION of Jessica M. Andrade filed by Defendants Bureau of Alcohol, Tobacco, Firearms and Explosives, United States of America re #18 MOTION for Partial Summary Judgment Under Administrative Procedure Act (Attachments: #1 Exhibit)(Andrade, Jessica)
May 20, 2016 Filing 31 REPLY, filed by Defendants Bureau of Alcohol, Tobacco, Firearms and Explosives, United States of America, TO RESPONSE to #18 MOTION for Partial Summary Judgment Under Administrative Procedure Act (Andrade, Jessica)
May 20, 2016 Filing 30 MINUTE ORDER by U.S. District Judge John C Coughenour RE-NOTING Plaintiffs' #18 MOTION for Partial Summary Judgment from 5/20/2016 to 6/3/2016. (PM)
May 19, 2016 Filing 29 MOTION to Supplement the Administrative Record and Strike Portions of the Administrative Record by Plaintiff PW Arms, Inc.. (Attachments: #1 Proposed Order) Noting Date 6/3/2016, (Brennan, Thomas)
May 18, 2016 Filing 28 NOTICE OF VACATING THE STATUS CONFERENCE. The Court, on its own motion and in the interest of judicial economy, hereby orders the Status Conference set on 5/31/16 at 9:00 a.m. VACATED. No appearances by counsel or the parties shall be required and any further proceedings will be scheduled in a separate written order to follow. (PP)
May 12, 2016 Opinion or Order Filing 27 ORDER granting defendants' #10 Partial Motion to Dismiss by U.S. District Judge John C Coughenour.(RS)
May 6, 2016 Filing 26 REPLY BRIEF in Support of Fed. R. Civ. P. 56 APA Motion and Opposition to ATF'S APA Cross-Motion for Partial Summary Judgment re #24 Response to Motion, by Plaintiff PW Arms, Inc.. (Attachments: #1 Declaration of Thomas M. Brennan, #2 Certificate of Service)(Brennan, Thomas)
April 15, 2016 Filing 25 DECLARATION of Jessica M. Andrade filed by Defendants Bureau of Alcohol, Tobacco, Firearms and Explosives, United States of America re #18 MOTION for Partial Summary Judgment Under Administrative Procedure Act (Attachments: #1 Exhibit A (part 1), #2 Exhibit A (part 2), #3 Exhibit B)(Andrade, Jessica)
April 15, 2016 Filing 24 RESPONSE, by Defendants Bureau of Alcohol, Tobacco, Firearms and Explosives, United States of America, to #18 MOTION for Partial Summary Judgment Under Administrative Procedure Act. (Attachments: #1 Proposed Order)(Andrade, Jessica)
April 13, 2016 Filing 23 SUPPLEMENT TO ADMINISTRATIVE RECORD filed by Defendant United States of America. The record is available in paper format at the Clerk's Office (RS)
April 12, 2016 Filing 22 NOTICE of Filing Supplement of Administrative Record in Paper or Physical Form with the Clerk's Office by Defendants Bureau of Alcohol, Tobacco, Firearms and Explosives, United States of America. (Andrade, Jessica)
March 23, 2016 Filing 21 SURREPLY filed by Plaintiff PW Arms, Inc. re #10 MOTION to Dismiss Pursuant to FRCP 12(b)(1) (Attachments: #1 Certificate of Service)(Preston, Patrick)
March 22, 2016 Filing 20 NOTICE of Intent to File a Sur-Reply re #19 Reply to Response to Motion ; filed by Plaintiff PW Arms, Inc.. (Attachments: #1 Certificate of Service)(Preston, Patrick)
March 18, 2016 Filing 19 REPLY, filed by Defendants Bureau of Alcohol, Tobacco, Firearms and Explosives, United States of America, TO RESPONSE to #10 MOTION to Dismiss Pursuant to FRCP 12(b)(1) (Andrade, Jessica)
March 18, 2016 Filing 18 MOTION for Partial Summary Judgment Under Administrative Procedure Act by Plaintiff PW Arms, Inc.. (Attachments: #1 Proposed Order Granting Partial Summary Judgment, #2 Certificate of Service) Noting Date 5/20/2016, (Brennan, Thomas)
March 18, 2016 Filing 17 MINUTE ORDER by U.S. District Judge John C Coughenour. The Court ADOPTS the briefing schedule on cross-motions for summary judgment as presented by the parties. Both Plaintiff's motion for summary judgment and any cross-motion shall be noted on the Court's motion calendar for Friday, May 20, 2016. (AD)
March 17, 2016 Filing 16 Stipulated MOTION For Order Establishing Briefing Schedule on Cross-Motions for Summary Judgment on APA Claim by Defendant United States of America. Noting Date 3/17/2016, (Andrade, Jessica)
March 14, 2016 Filing 15 RESPONSIVE BRIEF Plaintiff's Opposition to Defendant United States of America's Motion to Dismiss FTCA Claim by Plaintiff PW Arms, Inc.. (Attachments: #1 Certificate of Service)(Preston, Patrick)
March 2, 2016 NOTICE of Docket Text Modification re 12 Administrative Record: edited text to indicate a paper copy of the Administrative Record was filed on 3/2/2016 and placed on Clerk's Office shelf in same expando folder as the CD. (PM)
February 24, 2016 Filing 14 ADMINISTRATIVE RECORD - ADDITIONAL PAGE filed by Defendant United States of America. The record is available in CD/paper format at the Clerk's Office (CDA)
February 24, 2016 Filing 13 NOTICE of Filing Administrative Record, Additional Page in Paper or Physical Form with the Clerk's Office by Defendants Bureau of Alcohol, Tobacco, Firearms and Explosives, United States of America. (Andrade, Jessica)
February 23, 2016 Filing 12 ADMINISTRATIVE RECORD (CD) filed by Defendant United States of America. The record is available in CD format at the Clerk's Office. (PM)
February 19, 2016 Filing 11 DECLARATION of William E. Majors filed by Defendants Bureau of Alcohol, Tobacco, Firearms and Explosives, United States of America re #10 MOTION to Dismiss Pursuant to FRCP 12(b)(1) (Andrade, Jessica)
February 19, 2016 Filing 10 MOTION to Dismiss Pursuant to FRCP 12(b)(1) by Defendants Bureau of Alcohol, Tobacco, Firearms and Explosives, United States of America. (Attachments: #1 Proposed Order) Noting Date 3/18/2016, (Andrade, Jessica)
February 19, 2016 Filing 9 NOTICE of Filing Administrative Record in Paper or Physical Form with the Clerk's Office by Defendants Bureau of Alcohol, Tobacco, Firearms and Explosives, United States of America. (Attachments: #1 Certification of Administrative Record)(Andrade, Jessica)
January 19, 2016 Filing 8 MINUTE ORDER by U.S. District Judge John C Coughenour granting #7 Stipulated Motion for Extension of Time to Answer. Defendants' Response due 2/19/2016. (PM)
January 15, 2016 Filing 7 Stipulated MOTION for Extension of Time and (Proposed) Order by Defendants Bureau of Alcohol, Tobacco, Firearms and Explosives, United States of America. Noting Date 1/15/2016, (Andrade, Jessica)
January 15, 2016 Filing 6 NOTICE of Appearance by attorney Jessica M. Andrade on behalf of Defendants Bureau of Alcohol, Tobacco, Firearms and Explosives, United States of America. (Andrade, Jessica)
January 4, 2016 Filing 5 MINUTE ENTRY re: STATUS CONFERENCE. The attorney who will be responsible for trying the case should attend the conference and be prepared to discuss the following matters at the conference: 1. The nature of the case; 2. The status of matters which are presently set before the Court, e.g., hearings, motions, etc.; 3. The status of discovery and a time schedule for its completion; 4. A statement of any legal issues about which motions are contemplated and a possible briefing schedule; 5. An estimate of the number of days needed for trial; 6. Whether the case is jury or non-jury; 7. The date by which the case will be ready for trial; 8. Settlement probabilities; and 9. Whether the parties consent to proceed to trial before an assigned magistrate judge pursuant to 28 U.S.C. 636(c). If counsel's office is outside of the Greater Metropolitan Seattle area, arrangements may be made to participate telephonically in the conference by contacting the Courtroom Deputy Clerk at (206) 370-8805 at least TEN (10) days prior to the proceeding. Counsel do NOT need to file a Joint Status Report or Rule 26(f) Report in advance of the Status Conference. Counsel should plan on arriving 10-15 minutes early to check in with the Courtroom Deputy Clerk, as the Court's calendar begins promptly at 9:00 a.m. COUNSEL OR THE PRO SE PARTY WHO FILED THIS MATTER SHALL IMMEDIATELY NOTIFY ALL PARTIES OF THE DATE AND TIME OF THE SCHEDULED STATUS CONFERENCE. A Status Conference is set for 5/31/2016 at 9:00 AM in Courtroom 16206 before U.S. District Judge John C. Coughenour. (PP)
January 4, 2016 Opinion or Order Filing 4 ORDER REGARDING DISCOVERY AND DEPOSITIONS by U.S. District Judge John C. Coughenour. (PP)
December 22, 2015 Filing 3 CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by PW Arms, Inc. (Attachments: #1 Second copy of Corporate Disclosure Statement)(Chadwell, Robert)
December 21, 2015 Filing 2 Summons electronically issued as to defendant(s) Bureau of Alcohol, Tobacco, Firearms and Explosives, United States of America. (Attachments: #1 Summons, #2 Summons)(ST)
December 21, 2015 NOTICE: Pursuant to Fed.R.Civ.P 7.1, Plaintiff(s) must file a Corporate Disclosure Statement by 12/28/2015. (ST)
December 21, 2015 U.S. District Judge John C Coughenour added. (ST)
December 18, 2015 Filing 1 COMPLAINT for Declaratory Judgment and Injunctive Relief against defendant(s) United States of America Bureau of Alcohol, Tobacco, Firearms, and Explosives (Receipt # 0981-4274790) Attorney Patrick Joseph Preston added to party PW Arms, Inc.(pty:pla), filed by PW Arms, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons)(Preston, Patrick)

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Defendant: Bureau of Alcohol, Tobacco, Firearms and Explosives
Represented By: Jessica M. Andrade
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Defendant: United States of America
Represented By: Jessica M. Andrade
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Plaintiff: PW Arms, Inc.
Represented By: Thomas Matthew Brennan
Represented By: Patrick Joseph Preston
Represented By: Robert G Chadwell
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