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Case TitleBRADY CENTER TO PREVENT GUN VIOLENCE v. U.S. DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv02130
Date Filed2017-10-16
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffBRADY CENTER TO PREVENT GUN VIOLENCE
Case DescriptionThe Brady Center to Prevent Gun Violence submitted a FOIA request to the Bureau of Alcohol, Tobacco, and Firearms for a White Paper prepared by the agency and dated Jan. 20, 2017 entitled "Options to Reduce or Modify Firearm Regulations." The Brady Center also requested a fee waiver. The agency acknowledged receipt of the request, but despite several queries from the Brady Center to check on the status of its request, the agency failed to respond. The Brady Center filed a second FOIA request for records concerning warning letters. The Brady Center also requested a fee waiver. The agency acknowledged receipt of the request, but after hearing nothing further from the agency pertaining to either of its requests, the Brady Center filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF JUSTICE
DefendantBUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Opinion/Order [33]
FOIA Project Annotation: Judge Randolph Moss has ruled that the Bureau of Alcohol, Tobacco and Firearms has not yet shown that it properly responded to two requests from the Brady Center to Prevent Gun Violence. The Brady Center's first FOIA request asked for records pertaining to a 2017 White Paper titled "Federal Firearm Regulations " Options to Reduce or Modify Firearms Regulations." The Brady Center's second FOIA request asked for records pertaining warning letters or notices of revocation of license issued to federal firearm licensees from July 2015 to July 2017. After the agency failed to respond, the Brady Center filed suit. The agency released 1,134 pages responsive to the White Paper request and told the Brady Center that many of the records responsive to the warning letters request would be withheld or redacted under Exemption 3 (other statutes) citing the Tiahrt Rider, which precludes BATF from expending any funds on responding to FOIA requests for records on gun sales or gun traces. The Brady Center focused its challenges on the adequacy of the agency's search, particularly the agency's determination that attachments to responsive email did not fall within the scope of the request, that records related to the White Paper were protected by Exemption 5 (deliberative process privilege), and the applicability of the Tiahrt Rider to the redacted or withheld records pertaining to the Brady Center's warning letters request. The Brady Center argued that the agency's email search using only the term "White Paper" was inadequate. Moss agreed, noting that "it is not difficult to formulate a variety of possible search terms, and to define a relevant timeframe for the search. It is not the Court's role, however, to dictate precisely how the agency should conduct the search. Accordingly, for present purposes, the Court merely holds that the ATF's exclusive use of the search term 'White Paper' was not reasonably calculated to locate all records 'related to' the white paper." He added that "the Court will leave it to the ATF, in the first (or now, second) instance to craft a search protocol that 'can be reasonably expected to produce the information requested.'" Since Judge Emmet Sullivan had held in Coffey v. Bureau of Land Management, 277 F. Supp. 3d 1 (D.D.C. 2017), that attachments to emails were presumed to be responsive unless the agency provided evidence showing otherwise, the Brady Center argued that the agency had not carried its burden of showing the attachments were not responsive. Under these circumstances, however, Moss found the agency had sufficiently justified its claim that the attachments were not responsive. He observed that "the ATF has reviewed each of the attachments and has certified 'that none of the separate documents which were considered out of scope, including certain attachments to emails, contain any information even slightly related to the White Paper and, instead, are wholly on independent subjects outside the purview of the underlying request.' Moreover, treating such wholly unrelated attachments as part of the main document would cause increased delay in the agency's responses to FOIA requests, would increase costs to the agency and requesters, and would do little, if anything, to further FOIA's goal of enhancing transparency and confidence in the workings of government." Moss found the agency's current Vaughn index did not provide a sufficient explanation for many of the agency's redactions pertaining to the Brady Center's written notice request. He pointed out that "when combined with the declarations the ATF has filed in support of its motion, the Court can reasonably discern the nature of some " but not all "of the redactions." The Brady Center argued that the agency's redactions under the Tiahrt Rider were frequently inconsistent and thus arbitrary for purposes of the Administrative Procedure Act. However, Moss pointed out that "the problem is that the Brady Center has brought a FOIA case, not an APA case, and the Brady Center does not cite a single case applying the APA's arbitrary and capricious standard to FOIA. . .[N]othing in the FOIA precludes agencies from releasing exempt records, and nothing in the FOIA requires agencies to adopt a consistent policy." Ultimately, Moss remanded the written notice request back to the agency to further develop its claims and to allow the Brady Center to respond to them. He observed that "the existing record, accordingly, leaves the Court with an information deficit on two different fronts. First, the Court has little guidance from either party about how broadly it should understand the Rider's prohibition on 'disclosure' to sweep " or even how it should answer that question. Second, without a Vaughn index or a detailed declaration, the Court cannot determine how much of an inferential or investigative step would be needed to take a particular piece of redacted information and trace it back to particular 'information required to be kept by licensees. . .' or to information gleaned from the eTrace database."
Issues: Adequacy - Search, Exemption 3 - Provision must cite to FOIA
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-10-161COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-5159991) filed by BRADY CENTER TO PREVENT GUN VIOLENCE. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Summons Attorney General, # 5 Summons ATF, # 6 Summons DOJ, # 7 Summons U.S Attorney of DC)(Barnett, Kevin) (Entered: 10/16/2017)
2017-10-16Case Assigned to Judge Randolph D. Moss. (zsb) (Entered: 10/16/2017)
2017-10-162SUMMONS (4) Issued Electronically as to BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 10/16/2017)
2017-10-163Corporate Disclosure Statement by BRADY CENTER TO PREVENT GUN VIOLENCE. (Barnett, Kevin) (Entered: 10/16/2017)
2017-11-104RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/23/2017. Answer due for ALL FEDERAL DEFENDANTS by 11/22/2017. (Attachments: # 1 Exhibit)(Barnett, Kevin) (Entered: 11/10/2017)
2017-11-27MINUTE ORDER: The Defendants are hereby ORDERED to answer or otherwise respond to the Complaint 1 on or before December 11, 2017. Signed by Judge Randolph D. Moss on 11/27/2017. (lcrdm1, ) (Entered: 11/27/2017)
2017-11-275MOTION for Extension of Time to File Answer by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE (Braswell, Marina) (Entered: 11/27/2017)
2017-11-276NOTICE of Appearance by Marina Utgoff Braswell on behalf of BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE (Braswell, Marina) (Entered: 11/27/2017)
2017-11-28Set/Reset Deadlines: Defendants to answer or otherwise respond to the Complaint 1 on or before 12/11/2017. (kt) (Entered: 11/28/2017)
2017-11-28MINUTE ORDER: Upon consideration of Defendants' Motion for Extension of Time to File Answer 5 , it is hereby ORDERED that the motion is DENIED as moot in light of the Court's November 27, 2017 Minute Order, in which the Court sua sponte granted Defendants an extension of time to file an answer on or before December 11, 2017. Signed by Judge Randolph D. Moss on 11/28/2017. (lcrdm1, ) (Entered: 11/28/2017)
2017-12-017ANSWER to Complaint by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE.(Braswell, Marina) (Entered: 12/01/2017)
2017-12-04MINUTE ORDER: It is hereby ORDERED that the parties shall appear for a status conference on December 21, 2017, at 10:15 a.m. in Courtroom 21. It is further ORDERED that the parties shall meet and confer prior to the status conference to discuss the status of the Department's search and scheduling for further proceedings. Signed by Judge Randolph D. Moss on 12/4/2017. (lcrdm1, ) (Entered: 12/04/2017)
2017-12-04Set/Reset Hearings: Status Conference set for 12/21/2017, at 10:15 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 12/04/2017)
2017-12-188NOTICE of Appearance by Nooree Lee on behalf of BRADY CENTER TO PREVENT GUN VIOLENCE (Lee, Nooree) (Entered: 12/18/2017)
2017-12-209NOTICE of Appearance by Alan Arnold Pemberton on behalf of BRADY CENTER TO PREVENT GUN VIOLENCE (Pemberton, Alan) (Entered: 12/20/2017)
2017-12-21Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 12/21/2017. The 1,000 pages shall be reviewed and produced, to the extent they are not subject to a FOIA exemption, by 2/9/2018; If the parties conclude there is a need for a further search, it shall be addressed in the next joint status report due 1/30/2018. (Court Reporter: Jeff Hook.) (kt) (Entered: 12/21/2017)
2018-01-3010Joint STATUS REPORT by BRADY CENTER TO PREVENT GUN VIOLENCE. (Barnett, Kevin) (Entered: 01/30/2018)
2018-01-31MINUTE ORDER: Upon consideration of the Joint Status Report 10 , it is hereby ORDERED that the parties submit a further joint status report on or before February 28, 2018. Signed by Judge Randolph D. Moss on 1/31/2018. (lcrdm1, ) (Entered: 01/31/2018)
2018-01-31Set/Reset Deadlines: Joint Status Report due by 2/28/2018. (kt) (Entered: 01/31/2018)
2018-02-2811Unopposed MOTION for Extension of Time to File Joint Status Report by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE (Braswell, Marina) (Entered: 02/28/2018)
2018-03-01MINUTE ORDER: Upon consideration of Defendants' Motion for Extension of Time 11 , it is hereby ORDERED that the motion is GRANTED. The parties shall file their joint status report on or before March 2, 2018. Signed by Judge Randolph D. Moss on 3/1/2018. (lcrdm1, ) (Entered: 03/01/2018)
2018-03-01Set/Reset Deadlines: Joint Status Report due by 3/2/2018. (kt) (Entered: 03/01/2018)
2018-03-0212Joint STATUS REPORT by BRADY CENTER TO PREVENT GUN VIOLENCE. (Barnett, Kevin) (Entered: 03/02/2018)
2018-03-02MINUTE ORDER: Upon consideration of the parties' Joint Status Report 12 , it is hereby ORDERED that Defendants shall complete its re-processing of the 168 pages of records previously identified as outside the scope of the White Paper Request and shall release all non-exempt records on or before March 12, 2018. It is further ORDERED that Defendants shall provide a declaration regarding the search along with a Vaughn index for its White Paper FOIA response on or before March 16, 2018. It is further ORDERED that Defendants shall make a substantial production of records of 500 or more pages responsive to the Warning Letter Request on or before March 9, 2018. It is further ORDERED that the parties shall appear for a status conference on March 13, 2018, at 10:30 a.m., in Courtroom 21. Signed by Judge Randolph D. Moss on 3/2/2018. (lcrdm1, ) (Entered: 03/02/2018)
2018-03-05Set/Reset Deadlines/Hearings: Defendants shall complete its re-processing of the 168 pages of records previously identified as outside the scope of the White Paper Request and shall release all non-exempt records on or before 3/12/2018; Defendants shall provide a declaration regarding the search along with a Vaughn index for its White Paper FOIA response on or before 3/16/2018; Defendants shall make a substantial production of records of 500 or more pages responsive to the Warning Letter Request on or before 3/9/2018. Status Conference set for 3/13/2018, at 10:30 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 03/05/2018)
2018-03-13Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 3/13/2018. Defendant ATF shall produce on a rolling basis 750 pages of records per month. (Court Reporter: Jeff Hook.) (kt) (Entered: 03/13/2018)
2018-05-2513MOTION for Scheduling Order by BRADY CENTER TO PREVENT GUN VIOLENCE (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Text of Proposed Order)(Barnett, Kevin) (Entered: 05/25/2018)
2018-05-29MINUTE ORDER: It is hereby ORDERED that Defendants respond to Plaintiff's Motion for Scheduling Order, Dkt. 13 , on or before June 1, 2018. Signed by Judge Randolph D. Moss on 5/29/2018. (lcrdm1, ) (Entered: 05/29/2018)
2018-05-29Set/Reset Deadlines: Defendant's Response due by 6/1/2018. (kt) (Entered: 05/29/2018)
2018-06-0114Memorandum in opposition to re 13 MOTION for Scheduling Order (Opposition in Part) filed by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE. (Braswell, Marina) (Entered: 06/01/2018)
2018-06-05MINUTE ORDER: It is hereby ORDERED that the parties appear for a status conference on June 25, 2018, at 2:15 p.m., in Courtroom 21. Signed by Judge Randolph D. Moss on 6/5/2018. (lcrdm1, ) (Entered: 06/05/2018)
2018-06-06Set/Reset Hearings: Status Conference set for 6/25/2018, at 2:15 PM, in Courtroom 21, before Judge Randolph D. Moss. (zkt) (Entered: 06/06/2018)
2018-06-25Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 6/25/2018. Defendant's Motion for Summary Judgment, with respect to the white paper issue and the appropriations rider, is due on or before 7/30/2018; Plaintiff's Opposition to Motion for Summary Judgment and Cross Motion due on or before 9/7/2018; Defendant's Reply to the Motion for Summary Judgment and Opposition to the Cross Motion due on or before 10/12/2018; Plaintiff's Final Reply due on or before 10/26/2018. (Court Reporter: Jeff Hook.) (kt) (Entered: 06/25/2018)
2018-07-3015Unopposed MOTION for Extension of Time to File Dispositive Motion by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE (Braswell, Marina) (Entered: 07/30/2018)
2018-08-01MINUTE ORDER: Upon consideration of Defendants' Unopposed Motion for Extension of Time 15 , it is hereby ORDERED that the motion is GRANTED. Defendants shall file their dispositive motion on or before August 3, 2018. Plaintiff shall file its opposition and cross-motion, if any, on or before September 10, 2018. Signed by Judge Randolph D. Moss on 8/1/2018. (lcrdm1, ) (Entered: 08/01/2018)
2018-08-01Set/Reset Deadlines: Defendants shall file their dispositive motion on or before 8/3/2018; Plaintiff shall file its opposition and cross-motion, if any, on or before Responses due by 9/10/2018. (kt) (Entered: 08/01/2018)
2018-08-0316MOTION for Summary Judgment in Part by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Chisholm Declaration, # 2 Kil Declaration)(Braswell, Marina) (Entered: 08/03/2018)
2018-09-1017Cross MOTION for Partial Summary Judgment by BRADY CENTER TO PREVENT GUN VIOLENCE (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Memorandum in Support Memo. of Points and Authorities, # 3 Statement of Facts Statement of Undisputed Facts, # 4 Declaration Decl. of Nooree Lee, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F)(Lee, Nooree) (Entered: 09/10/2018)
2018-09-1018Memorandum in opposition to re 16 MOTION for Summary Judgment in Part filed by BRADY CENTER TO PREVENT GUN VIOLENCE. (ztd) (See docket entry no. 17 to view). (Entered: 09/12/2018)
2018-10-1019Unopposed MOTION for Extension of Time to File Response/Reply as to 17 Cross MOTION for Partial Summary Judgment and Reply to Plaintiff's Opposition to Defendant's Motion for Partial Summary Judgment by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE (Braswell, Marina) (Entered: 10/10/2018)
2018-10-24MINUTE ORDER: Upon consideration of Defendants' unopposed motion for extension of time, Dkt. 19 , it is hereby ORDERED that the motion is GRANTED. Defendants shall file their opposition to Plaintiff's cross-motion for partial summary judgment and reply to Plaintiff's opposition to Defendants' motion for partial summary judgment on or before October 26, 2018. Further, Plaintiff shall file its reply on or before November 9, 2018. Signed by Judge Randolph D. Moss on 10/24/2018. (lcrdm1, ) (Entered: 10/24/2018)
2018-10-24Set/Reset Deadlines: Defendants shall file their opposition to Plaintiff's cross-motion for partial summary judgment and reply to Plaintiff's opposition to Defendants' motion for partial summary judgment on or before 10/26/2018; Plaintiff shall file its reply on or before 11/9/2018. (kt) (Entered: 10/24/2018)
2018-10-2420Unopposed MOTION for Extension of Time to File Response/Reply as to 17 Cross MOTION for Partial Summary Judgment , 16 MOTION for Summary Judgment in Part by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE (Braswell, Marina) (Entered: 10/24/2018)
2018-10-25MINUTE ORDER: Upon consideration of Defendants' unopposed motion for extension of time, Dkt. 20 , it is hereby ORDERED that the motion is GRANTED. Defendants shall file their opposition to Plaintiff's cross-motion for partial summary judgment and reply to Plaintiff's opposition to Defendants' motion for partial summary judgment on or before October 30, 2018. Further, Plaintiff shall file its reply on or before November 13, 2018. Signed by Judge Randolph D. Moss on 10/25/2018. (lcrdm1, ) (Entered: 10/25/2018)
2018-10-25Set/Reset Deadlines: Defendants shall file their opposition to Plaintiff's cross-motion for partial summary judgment and reply to Plaintiff's opposition to Defendants' motion for partial summary judgment on or before 10/30/2018; Plaintiff shall file its reply on or before 11/13/2018. (kt) (Entered: 10/25/2018)
2018-10-3021REPLY to opposition to motion re 16 MOTION for Summary Judgment in Part filed by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Second Chisholm Declaration)(Braswell, Marina) (Entered: 10/30/2018)
2018-10-3022Memorandum in opposition to re 17 Cross MOTION for Partial Summary Judgment filed by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Response to Statement of Material Facts, # 2 Second Chisholm Declaration)(Braswell, Marina) (Entered: 10/30/2018)
2018-10-3123NOTICE (Notice of Filing of Exhibits A-E In Support of the Second Declaration of Peter J. Chisholm) by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE re 22 Memorandum in Opposition, 21 Reply to opposition to Motion, (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Braswell, Marina) (Entered: 10/31/2018)
2018-11-1324REPLY to opposition to motion re 17 Cross MOTION for Partial Summary Judgment filed by BRADY CENTER TO PREVENT GUN VIOLENCE. (Attachments: # 1 Declaration of Kevin Barnett, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(Barnett, Kevin) (Entered: 11/13/2018)
2019-01-0925MOTION to Stay (Defendants' Motion to Stay Proceedings in Light of Lapse in Appropriations) by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Braswell, Marina) (Entered: 01/09/2019)
2019-01-10MINUTE ORDER: Upon consideration of Defendant's motion to stay, Dkt. 25 , it is hereby ORDERED that Plaintiff shall respond to the motion on or before Monday, January 14, 2019. Signed by Judge Randolph D. Moss on 1/10/2019. (lcrdm1, ) (Entered: 01/10/2019)
2019-01-10Set/Reset Deadlines: Plaintiff shall respond to the motion on or before 1/14/2019. (kt) (Entered: 01/10/2019)
2019-01-1426RESPONSE re 25 MOTION to Stay (Defendants' Motion to Stay Proceedings in Light of Lapse in Appropriations) filed by BRADY CENTER TO PREVENT GUN VIOLENCE. (Barnett, Kevin) (Entered: 01/14/2019)
2019-01-17MINUTE ORDER: Upon consideration of Defendants' motion to stay, Dkt 25 , it is hereby ORDERED that the motion is GRANTED in part and DENIED in part. The case shall be stayed until January 31, 2019, and, at that time, Defendants may renew their motion, if appropriate. Signed by Judge Randolph D. Moss on 1/17/2019. (lcrdm1, ) (Entered: 01/17/2019)
2019-01-18Case Stayed until 1/31/2019. (kt) (Entered: 01/18/2019)
2019-02-2227Unopposed MOTION to Consolidate Cases by BRADY CENTER TO PREVENT GUN VIOLENCE (Barnett, Kevin) (Entered: 02/22/2019)
2019-02-23MINUTE ORDER: Plaintiff's consent motion to consolidate, Dkt. 27 , is hereby GRANTED. It is hereby ORDERED that Case No. 18-2643 be consolidated with this case ( Brady Center to Prevent Gun Violence v. U.S. Department of Justice et al. , No. 17-2130). See Fed. R. Civ. P. 42(a) (permitting the court to consolidate actions "involv[ing] a common question of law or fact"); Local Civ. R. 40.5(a)(3). The parties are directed to file all future documents in this case. Signed by Judge Randolph D. Moss on 2/23/2019. (lcrdm1, ) Modified on 2/25/2019 to change typo in case number from 18-2130 to 17-2130 (zkt). (Entered: 02/23/2019)
2019-08-20MINUTE ORDER: It is hereby ORDERED that the parties shall appear for oral argument on the parties' cross-motions for partial summary judgment 16 , 17 on September 3, 2019 at 2:15 p.m. in Courtroom 21. Signed by Judge Randolph D. Moss on 08/20/19. Associated Cases: 1:17-cv-02130-RDM, 1:18-cv-02643-RDM(lcrdm3, ) (Entered: 08/20/2019)
2019-08-21Set/Reset Hearings: Motion Hearing set for 9/3/2019, at 2:15 PM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 08/21/2019)
2019-08-2628Unopposed MOTION to Continue Hearing Date by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE, DEPARTMENT OF JUSTICE Associated Cases: 1:17-cv-02130-RDM, 1:18-cv-02643-RDM(Braswell, Marina) (Entered: 08/26/2019)
2019-08-30MINUTE ORDER: Upon consideration of the Defendants' unopposed motion to continue September 3, 2019 hearing, Dkt. 28 , it is hereby ORDERED that the motion is GRANTED. The hearing previously scheduled for September 3, 2019, is VACATED and RESCHEDULED for September 11, 2019 at 10:00 a.m. in Courtroom 21. Signed by Judge Randolph D. Moss on 8/30/19. (lcrdm1, ) (Entered: 08/30/2019)
2019-08-30Set/Reset Hearings: The Motion Hearing set for 9/3/2019 is VACATED and RESCHEDULED for 9/11/2019, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 08/30/2019)
2019-09-0529NOTICE OF SUPPLEMENTAL AUTHORITY by BRADY CENTER TO PREVENT GUN VIOLENCE Associated Cases: 1:17-cv-02130-RDM, 1:18-cv-02643-RDM(Barnett, Kevin) (Entered: 09/05/2019)
2019-09-1030RESPONSE re (29 in 1:17-cv-02130-RDM, 14 in 1:18-cv-02643-RDM) NOTICE OF SUPPLEMENTAL AUTHORITY filed by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE, DEPARTMENT OF JUSTICE. Associated Cases: 1:17-cv-02130-RDM, 1:18-cv-02643-RDM(Braswell, Marina) (Entered: 09/10/2019)
2019-09-11Minute Entry for proceedings held before Judge Randolph D. Moss: Motion Hearing held on 9/11/2019 re: 16 MOTION for Summary Judgment in Part filed by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE, and 17 Cross MOTION for Partial Summary Judgment filed by BRADY CENTER TO PREVENT GUN VIOLENCE. Any filings, following up on the questions raised by the Court, are due by close of business Friday. (Court Reporter: Jeff Hook.) (kt) (Entered: 09/11/2019)
2019-09-1331MEMORANDUM by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE, DEPARTMENT OF JUSTICE. Associated Cases: 1:17-cv-02130-RDM, 1:18-cv-02643-RDM(Braswell, Marina) (Entered: 09/13/2019)
2019-09-1332SUPPLEMENTAL MEMORANDUM to re 17 Cross MOTION for Partial Summary Judgment filed by BRADY CENTER TO PREVENT GUN VIOLENCE. (Attachments: # 1 Declaration Decl. of Nooree Lee, # 2 Exhibit A, # 3 Exhibit B)(Lee, Nooree) (Entered: 09/13/2019)
2019-09-16NOTICE OF ERROR re 32 Supplemental Memorandum; emailed to nlee@cov.com, cc'd 5 associated attorneys -- The PDF file you docketed contained errors: 1. Please remember that if you are electronically any document(s), your name must appear on the signature line of the filing(s). (ztd, ) (Entered: 09/16/2019)
2019-09-2833MEMORANDUM OPINION AND ORDER: Upon consideration of Defendant's motion for partial summary judgment 16 and Plaintiff's cross-motion for summary judgment 17 , it is hereby ORDERED that both motions are GRANTED in part and DENIED in part. See document for details. Signed by Judge Randolph D. Moss on 09/28/2019. (lcrdm3, ) (Entered: 09/28/2019)
2019-10-08MINUTE ORDER: In light of the Court's memorandum opinion and order 33 , the parties are hereby ORDERED to file a joint status report proposing next steps for this proceeding on or before October 18, 2019. Signed by Judge Randolph D. Moss on 10/8/19. (lcrdm3) (Entered: 10/08/2019)
2019-10-08Set/Reset Deadlines: Joint Status Report due by 10/18/2019. (kt) (Entered: 10/08/2019)
2019-10-1634Unopposed MOTION for Extension of Time to File Joint Status Report by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE (Braswell, Marina) (Entered: 10/16/2019)
2019-10-18MINUTE ORDER: Upon consideration of Defendants' unopposed motion for extension of time 34 , it is hereby ORDERED that the motion is GRANTED. Defendants shall file a combined status report on or before October 28, 2019. Signed by Judge Randolph D. Moss on 10/18/19. (lcrdm3) (Entered: 10/18/2019)
2019-10-18Set/Reset Deadlines: Joint Status Report due by 10/28/2019. (dot) (Entered: 10/18/2019)
2019-10-2835Joint MOTION for Extension of Time to File Joint Status Report by BRADY CENTER TO PREVENT GUN VIOLENCE Associated Cases: 1:17-cv-02130-RDM, 1:18-cv-02643-RDM(Barnett, Kevin) (Entered: 10/28/2019)
2019-10-3136Joint STATUS REPORT by BRADY CENTER TO PREVENT GUN VIOLENCE. (Attachments: # 1 Exhibit)Associated Cases: 1:17-cv-02130-RDM, 1:18-cv-02643-RDM(Barnett, Kevin) (Entered: 10/31/2019)
2019-11-01MINUTE ORDER: In light of the parties' joint status report 36 , it is hereby ORDERED that the parties shall file a further joint status report on or before December 5, 2019. Signed by Judge Randolph D. Moss on 11/1/19. (lcrdm3, ) (Entered: 11/01/2019)
2019-11-01MINUTE ORDER: Upon consideration of the joint motion for extension of time 35 , it is hereby ORDERED that the parties shall file a joint status report on or before October 31, 2019. Signed by Judge Randolph D. Moss on 11/1/19. (lcrdm3, ) (Entered: 11/01/2019)
2019-12-0537Joint STATUS REPORT by BRADY CENTER TO PREVENT GUN VIOLENCE. Associated Cases: 1:17-cv-02130-RDM, 1:18-cv-02643-RDM(Barnett, Kevin) (Entered: 12/05/2019)
2019-12-06MINUTE ORDER: In light of the parties joint status report 37 , it is hereby ORDERED that the parties shall file a further joint status report on or before January 10, 2020. Signed by Judge Randolph D. Moss on 12/6/19. (lcrdm3, ) (Entered: 12/06/2019)
2020-01-1038Joint STATUS REPORT by BRADY CENTER TO PREVENT GUN VIOLENCE. (Barnett, Kevin) (Entered: 01/10/2020)
2020-01-21MINUTE ORDER: Upon consideration of the parties' joint status report 38 , it is hereby ORDERED that the parties shall file a further joint status report on or before March 31, 2020. Signed by Judge Randolph D. Moss on 1/21/20. (lcrdm3, ) (Entered: 01/21/2020)
2020-03-3039NOTICE OF SUBSTITUTION OF COUNSEL by Brenda A. Gonzalez on behalf of BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE, DEPARTMENT OF JUSTICE Substituting for attorney Marina Utgoff Braswell Associated Cases: 1:17-cv-02130-RDM, 1:18-cv-02643-RDM(Gonzalez, Brenda) (Entered: 03/30/2020)
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