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Case TitleGUN OWNERS OF AMERICA, INC et al v. BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv02919
Date Filed2021-11-05
Date ClosedOpen
JudgeJudge Amy Berman Jackson
PlaintiffGUN OWNERS OF AMERICA, INC.
PlaintiffGUN OWNERS FOUNDATION, INC.
Case DescriptionGun Owners of America and the Gun Owners Foundation submitted a FOIA request to the Bureau of Alcohol, Tobacco and Firearms for records concerning attempts by the agency top use the National Instant Criminal Background Check System to monitor gun owners. The organizations also requested a fee waiver. The agency acknowledged receipt of the request and granted the request for a fee waiver. After hearing nothing further from the agency, Gun Owners of America and the Gun Owners Foundation filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-11-051COMPLAINT against BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES ( Filing fee $ 402 receipt number ADCDC-8847691) filed by GUN OWNERS OF AMERICA, INC, GUN OWNERS FOUNDATION. (Attachments: # 1 FOIA to ATF, # 2 ATF Response, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Civil Cover Sheet)(Stamboulieh, Stephen) Modified on 11/18/2021 (znmw). (Entered: 11/05/2021)
2021-11-08Case Assigned to Judge Amy Berman Jackson. (zsb) (Entered: 11/08/2021)
2021-11-082SUMMONS (3) Issued Electronically as to BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(adh, ) (Entered: 11/08/2021)
2021-11-093NOTICE of Appearance by Robert Jeffrey Olson on behalf of GUN OWNERS FOUNDATION, GUN OWNERS OF AMERICA, INC (Olson, Robert) (Entered: 11/09/2021)
2021-12-164NOTICE of Appearance by Christopher Charles Hair on behalf of All Defendants (Hair, Christopher) (Entered: 12/16/2021)
2021-12-165ANSWER to Complaint by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES.(Hair, Christopher) (Entered: 12/16/2021)
2021-12-17MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendant shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff, on or before January 14, 2022. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/17/2021. (lcabj1) (Entered: 12/17/2021)
2021-12-176LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by GUN OWNERS OF AMERICA, INC. (Stamboulieh, Stephen) (Entered: 12/17/2021)
2021-12-177LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by GUN OWNERS FOUNDATION, INC. (Stamboulieh, Stephen) (Entered: 12/17/2021)
2022-01-148Joint STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES. (Hair, Christopher) (Entered: 01/14/2022)
2022-01-18MINUTE ORDER. Pursuant to the joint status report 8 , it is ORDERED that the parties submit another joint status report by March 15, 2022. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/18/2022. (lcabj1) (Entered: 01/18/2022)
2022-03-159Joint STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES. (Hair, Christopher) (Entered: 03/15/2022)
2022-03-16MINUTE ORDER. Pursuant to the most recent status report 9 , it is ORDERED that the parties submit another joint status report by May 16, 2022. Signed by Judge Amy Berman Jackson on 3/16/2022. (lcabj1) (Entered: 03/16/2022)
2022-04-0810NOTICE OF SUBSTITUTION OF COUNSEL by Sean Michael Tepe on behalf of BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES Substituting for attorney Christopher Hair (Tepe, Sean) (Entered: 04/08/2022)
2022-05-1611Joint STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES. (Tepe, Sean) (Entered: 05/16/2022)
2022-05-24MINUTE ORDER. Pursuant to the recent status report 11 , it is ORDERED that the parties submit another joint status report by July 15, 2022. Signed by Judge Amy Berman Jackson on 5/24/22. (DMK) (Entered: 05/24/2022)
2022-07-1512Joint STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES. (Tepe, Sean) (Entered: 07/15/2022)
2022-07-15MINUTE ORDER. In light of the most recent status report 12 , it is ORDERED that the parties submit another joint status report by September 13, 2022. Signed by Judge Amy Berman Jackson on 7/15/2022. (lcabj1) (Entered: 07/15/2022)
2022-09-1313Joint STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES. (Tepe, Sean) (Entered: 09/13/2022)
2022-09-14MINUTE ORDER. In light of the most recent status report 13 , it is ORDERED that the parties submit another joint status report by November 14, 2022. Signed by Judge Amy Berman Jackson on 9/14/2022. (lcabj1) (Entered: 09/14/2022)
2022-11-1414Joint STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES. (Tepe, Sean) (Entered: 11/14/2022)
2022-11-16MINUTE ORDER. In light of the most recent status report 14 , it is ORDERED that the parties submit another joint status report by January 13, 2023. Signed by Judge Amy Berman Jackson on 11/16/2022. (lcabj1) (Entered: 11/16/2022)
2023-01-1315Joint STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES. (Tepe, Sean) (Entered: 01/13/2023)
2023-02-01MINUTE ORDER. In light of the most recent status report 15 , it is ORDERED that the parties submit another joint status report by March 14, 2023. Signed by Judge Amy Berman Jackson on 2/1/2023. (lcabj1) (Entered: 02/01/2023)
2023-03-1316Joint STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES. (Tepe, Sean) (Entered: 03/13/2023)
2023-03-14MINUTE ORDER. In light of the most recent status report 16 , it is ORDERED that the parties submit another joint status report by May 15, 2023. Signed by Judge Amy Berman Jackson on 3/14/2023. (lcabj1) (Entered: 03/14/2023)
2023-05-1517Joint STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES. (Tepe, Sean) (Entered: 05/15/2023)
2023-05-16MINUTE ORDER. In light of the most recent status report 17 , it is ORDERED that the parties submit another joint status report by July 14, 2023. Signed by Judge Amy Berman Jackson on 5/16/2023. (lcabj1) (Entered: 05/16/2023)
2023-07-1418Joint STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES. (Tepe, Sean) (Entered: 07/14/2023)
2023-07-17MINUTE ORDER. In light of the most recent status report 18 , it is ORDERED that the parties submit another joint status report by September 12, 2023. Signed by Judge Amy Berman Jackson on 7/17/2023. (lcabj1) (Entered: 07/17/2023)
2023-09-1219Joint STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES. (Tepe, Sean) (Entered: 09/12/2023)
2023-09-13MINUTE ORDER. In light of the most recent status report 19 , it is ORDERED that the parties submit another joint status report by November 14, 2023. Signed by Judge Amy Berman Jackson on 9/13/2023. (lcabj1) (Entered: 09/13/2023)
2023-09-1320MOTION for Protective Order Expedited Motion for Protective Order by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES. (Attachments: # 1 Barnett Declaration, # 2 Text of Proposed Order)(Tepe, Sean) (Entered: 09/13/2023)
2023-09-14MINUTE ORDER. Plaintiff must file any opposition to defendant's Motion for Protective Order 20 by Tuesday, September 19, 2023. Signed by Judge Amy Berman Jackson on 9/14/2023. (lcabj1) (Entered: 09/14/2023)
2023-09-1421NOTICE of Appearance by George L. Lyon, Jr on behalf of All Plaintiffs (Lyon, George) (Entered: 09/14/2023)
2023-09-1522MOTION for Extension of Time to File Response/Reply by GUN OWNERS FOUNDATION, INC., GUN OWNERS OF AMERICA, INC.. (Attachments: # 1 Text of Proposed Order Proposed order)(Lyon, George) (Entered: 09/15/2023)
2023-09-1523Memorandum in opposition to re 22 Motion for Extension of Time to File Response/Reply filed by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES. (Tepe, Sean) (Entered: 09/15/2023)
2023-09-1624REPLY to opposition to motion re 22 MOTION for Extension of Time to File Response/Reply filed by GUN OWNERS FOUNDATION, INC., GUN OWNERS OF AMERICA, INC.. (Lyon, George) (Entered: 09/16/2023)
2023-09-18MINUTE ORDER granting 22 Motion for Extension of Time. The Court has considered defendant's motion for a protective order 20 , its request for expedition 20 , plaintiff's request for additional time to respond 22 , defendant's opposition 23 , and the reply 24 , as well as the representations contained in plaintiff's motion concerning how it plans to treat the records covered by the motion while the matter is under advisement. In an effort to balance and accommodate both the circumstances that prompted the request for the protective order as well as plaintiff's counsel's legitimate need for additional time, it is hereby ORDERED in the Court's discretion that plaintiff must file its response by October 13, 2023, and it is FURTHER ORDERED that pending resolution of the motion for protective order, plaintiff must sequester the FOIA records that were inadvertently produced on September 6, 2023, and that it shall not disseminate, disclose, or use those records or their contents for any purpose pending the Court's ruling on the 20 Motion for Protective Order. Signed by Judge Amy Berman Jackson on 9/18/2023.(lcabj1) (Entered: 09/18/2023)
2023-09-2925MOTION to Clarify re Order on Motion for Extension of Time to File Response/Reply,,,,, Set/Reset Deadlines,,,, by GUN OWNERS FOUNDATION, INC., GUN OWNERS OF AMERICA, INC.. (Attachments: # 1 Emails between counsel)(Stamboulieh, Stephen) (Entered: 09/29/2023)
2023-10-0426RESPONSE re 25 MOTION to Clarify re Order on Motion for Extension of Time to File Response/Reply,,,,, Set/Reset Deadlines,,,, filed by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES. (Tepe, Sean) (Entered: 10/04/2023)
2023-10-0527REPLY to opposition to motion re 25 MOTION to Clarify re Order on Motion for Extension of Time to File Response/Reply,,,,, Set/Reset Deadlines,,,, filed by GUN OWNERS FOUNDATION, INC., GUN OWNERS OF AMERICA, INC.. (Stamboulieh, Stephen) (Entered: 10/05/2023)
2023-10-05MINUTE ORDER. Upon consideration of the 25 motion to clarify, 26 opposition, and 27 reply, the 25 motion to clarify is DENIED. There was nothing unclear about the Court's September 18, 2023 minute order that "pending resolution of the motion for protective order, plaintiff must sequester the FOIA records that were inadvertently produced on September 6, 2023, and that it shall not disseminate, disclose, or use those records or their contents for any purpose." Plaintiffs appear to be asking the Court not to "clarify" the minute order, but to revise it, to permit plaintiffs to review and possibly use the unredacted records in connection with their response to the motion for protective order 20 . This should not be necessary, and it is not consistent with the clear directive from this Court that the inadvertently produced records be "sequestered" until the matter is resolved. The Court also notes that both parties appear to be using the motion for clarification as a means to remind the Court of their positions on the pending motion for a protective order, and that is not a good use of the parties' resources or the Court's time. Plaintiffs' motion for clarification is unnecessarily lengthy and contentious, as it includes a number of factual representations that do not bear on the very limited issue for which they claim they are seeking clarification, and defendants are similarly under the misimpression that aggressive and repetitive pleadings are more persuasive. The Court assures both parties that they are not. Signed by Judge Amy Berman Jackson on 10/5/2023. (lcabj1) (Entered: 10/05/2023)
2023-10-1328Memorandum in opposition to re 20 Motion for Protective Order filed by GUN OWNERS FOUNDATION, INC., GUN OWNERS OF AMERICA, INC.. (Attachments: # 1 Dec of Aidan Johnston)(Stamboulieh, Stephen) (Entered: 10/13/2023)
2023-10-2029REPLY to opposition to motion re 20 MOTION for Protective Order Expedited Motion for Protective Order filed by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES. (Tepe, Sean) (Entered: 10/20/2023)
2023-10-3030ORDER granting 20 Motion for Protective Order. See Order for details. Signed by Judge Amy Berman Jackson on 10/30/2023. (lcabj1) (Entered: 10/30/2023)
2023-11-1431Joint STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES. (Tepe, Sean) (Entered: 11/14/2023)
2023-11-16MINUTE ORDER. The November 14, 2023 joint status report 31 reveals that while there is little in dispute with respect to the merits of this FOIA action, the parties are still at odds over the unredacted material that was inadvertently produced to the plaintiffs on September 6, 2023 in the defendant's 13th production of records. The Protective Order 30 bars the use or dissemination of this material unless and until the Court determines that the portions of the documents defendant maintains should have been redacted are not properly covered by an exemption and should be disclosed. Plaintiffs state that they are not challenging the withholdings in this case, but at the same time, they are still seeking access to the documents that are subject to the Protective Order. Given the Court's ruling that the Protective Order is to remain in place unless the Court finds that the exemptions were not properly invoked, in its view, the only course of action is to ORDER that the defendant must file its motion for summary judgment with respect to both the validity of the withholdings being invoked in connection with the material and the public domain issue with respect to those documents by December 8, 2023; any opposition and cross-motion, if any, to be supported by a single memorandum of points and authorities, is due December 22, 2023; the reply, and cross-opposition, if necessary, to be supported by a single memorandum, is due January 12, 2024; and the cross-reply, if necessary, is due January 19, 2024. If plaintiffs do not, as they report in the status report, dispute the applicability of the exemptions involved, they can say so in the opposition and simply address the public domain issue. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/16/2023. (lcabj1) (Entered: 11/16/2023)
2023-12-0832MOTION for Summary Judgment by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order, # 3 2d Barnett Declaration, # 4 Seidel Declaration)(Tepe, Sean) (Entered: 12/08/2023)
2023-12-2033RESPONSE re 32 MOTION for Summary Judgment filed by GUN OWNERS FOUNDATION, INC., GUN OWNERS OF AMERICA, INC.. (Attachments: # 1 Statement of Facts Response to Statement of Facts, # 2 Text of Proposed Order Proposed Order)(Stamboulieh, Stephen) (Entered: 12/20/2023)
2024-01-1234RESPONSE re 32 MOTION for Summary Judgment filed by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES. (Tepe, Sean) (Entered: 01/12/2024)
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