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Case TitleHardin v. Bureau of Alcohol, Tobacco, Firearms and Explosives et al
DistrictWestern District of Kentucky
CityLouisville
Case Number3:2019cv00056
Date Filed2019-01-22
Date Closed2020-11-30
JudgeJudge David J. Hale
PlaintiffScott A. Hardin
Case DescriptionScott Hardin, who had purchased a bump-stock, filed suit against the Bureau of Alcohol, Tobacco and Firearms challenging its rule banning bump stocks. This claim is primarily made under the Administrative Procedure Act and is not a FOIA claim.
Complaint issues: FOIA not mentioned

DefendantBureau of Alcohol, Tobacco, Firearms and Explosives an agency of the Department of Justice
DefendantMatthew Whitaker in his official capacity as Acting Attorney General of the United States
DefendantThomas E. Brandon Acting Director Bureau of Alcohol, Tobacco, Firearms, and Explosives
DefendantUnited States of America United States Attorneys Office
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [35]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-01-221COMPLAINT against All Defendants (Filing fee $400.00, Receipt Number 0644-2788834), filed by Scott A. Hardin (Attachments: # 1 Exhibit A). (KD) (Entered: 01/22/2019)
2019-01-222Summons Issued as to All Defendants. Counsel for Plaintiff is responsible for printing and serving the attached issued summonses. (KD) (Main Document 2 replaced on 1/22/2019) (KD). (Entered: 01/22/2019)
2019-01-223AMENDED COMPLAINT against All Defendants, filed by Scott A. Hardin (Attachments: # 1 Exhibit A, # 2 Cover Sheet). (KD) (Entered: 01/22/2019)
2019-01-224Summons Issued as to All Defendants. Counsel for Plaintiff is responsible for printing and serving the attached issued summonses. (KD) (Entered: 01/22/2019)
2019-01-225Case Assignment (Random Selection): Case Assigned to Judge David J. Hale. (KD) (Entered: 01/22/2019)
2019-03-106SUMMONS Returned Executed by Scott A. Hardin. Bureau of Alcohol, Tobacco, Firearms and Explosives served on 2/1/2019, answer due 2/22/2019. (Hardin, Jason) (Entered: 03/10/2019)
2019-03-107SUMMONS Returned Executed by Scott A. Hardin. Matthew Whitaker served on 1/31/2019, answer due 2/21/2019. (Hardin, Jason) (Entered: 03/10/2019)
2019-03-108SUMMONS Returned Executed by Scott A. Hardin. Thomas E. Brandon served on 2/6/2019, answer due 2/27/2019. (Hardin, Jason) (Entered: 03/10/2019)
2019-03-109Summons Returned Unexecuted by Scott A. Hardin as to United States of America. (Hardin, Jason) (Entered: 03/10/2019)
2019-03-1010NOTICE To Issue Alias Summons by Scott A. Hardin (Hardin, Jason) (Entered: 03/10/2019)
2019-03-1211Alias Summons Issued as to United States of America. Counsel for Plaintiff is responsible for printing and serving the attached issued summons. (KD) (Entered: 03/12/2019)
2019-03-2512Emergency MOTION Emergency Interpleader and Deposit of Evidence by Plaintiff Scott A. Hardin (Attachments: # 1 Memorandum in Support, # 2 Proposed Order) (Hardin, Jason) (Entered: 03/25/2019)
2019-03-2713ORDER Signed by Judge David J. Hale on 3/27/2019 denying 12 Motion for Emergency Interpleader to Deposit Evidence into Custody, and Order Preventing its Destruction. cc: Counsel(JM) (Entered: 03/27/2019)
2019-05-1614ORDER by Judge David J. Hale on 5/16/2019. Within fourteen (14) days of the date of entry of this Order, Hardin shall file a report advising the Court of the status of this action. cc: Counsel (MEJ) (Entered: 05/16/2019)
2019-05-2815Defendants' ANSWER to 3 Amended Complaint by Thomas E. Brandon, Bureau of Alcohol, Tobacco, Firearms and Explosives, United States of America, Matthew Whitaker. (Thompson (USA), Timothy) (Entered: 05/28/2019)
2019-05-3116TEXT ORDER by Judge David J. Hale on 5/31/2019; Pursuant to 28 U.S.C. 636(b)(1)(A), this matter is hereby referred to U.S. Magistrate Judge Regina S. Edwards, for resolution of all litigation planning issues, entry of scheduling orders, consideration of amendments thereto, and resolution of all non-dispositive matters, including discovery issues. Judge Edwards is further authorized to conduct a settlement conference in this matter at any time. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc:counsel (NWT) (Entered: 05/31/2019)
2019-05-3117STATUS REPORT by Scott A. Hardin. (Hardin, Jason) (Entered: 05/31/2019)
2019-06-0318ORDER FOR MEETING AND REPORT by Magistrate Judge Regina S. Edwards (EBOC) on 6/3/2019. Scheduling Conference set for 7/25/2019 at 10:45 AM in chambers before Magistrate Judge Regina S. Edwards. The parties shall comply as set forth in the Order. cc: Counsel (RLJ) (Entered: 06/03/2019)
2019-06-1419REPORT of Rule 26(f) Planning Meeting by Scott A. Hardin. (Hardin, Jason) (Entered: 06/14/2019)
2019-07-2520ORDER for proceedings held before Magistrate Judge Regina S. Edwards: Rule 16 Scheduling Conference held on 7/25/2019. The administrative record shall be electronically filed under seal with the Court by 9/30/2019. Motions for judgment on the Administrative Record shall be filed no later than 11/26/2019, with Response briefs due no later than 12/17/2019, and Reply briefs to be filed no later than 2/4/2020.Counsel shall file a joint status report no later than 10/30/2019. cc: Counsel of Record (KD) (Entered: 07/25/2019)
2019-07-25Schedules: Administrative Record due by 9/30/2019. Motions for judgment on the Administrative Record due by 11/26/2019. (KD) (Entered: 07/25/2019)
2019-10-1522Proposed Agreed Order/Stipulation by Thomas E. Brandon, Bureau of Alcohol, Tobacco, Firearms and Explosives, United States of America, Matthew Whitaker. (Soskin, Eric) (Entered: 10/15/2019)
2019-10-1623NOTICE of Filing by Non-Electronic Means by Thomas E. Brandon, Bureau of Alcohol, Tobacco, Firearms and Explosives, United States of America, Matthew Whitaker (Soskin, Eric) (Entered: 10/16/2019)
2019-10-1724AGREED ORDER FOR EXTENSION OF DEADLINES by Magistrate Judge Regina S. Edwards on 10/16/2019. The administrative record in this action shall be electronically filed under seal with the Court by 10/16/2019, with a copy to the Plaintiff the same day. Motions for judgment on the Administrative Record shall be filed no later than 12/10/2019, with Response briefs due no later than 1/10/2020, and Reply briefs to be filed no later than 2/18/2020. Counsel shall file a joint status report no later than 11/13/2019. The parties are directed to confer ten (10) days prior to filing the status report. cc: Counsel (AME) (Entered: 10/17/2019)
2019-10-2125Receipt of Non-Electronic Document by Bureau of Alcohol, Tobacco, Firearms and Explosives. (MEJ) (Entered: 10/22/2019)
2019-11-1326Joint STATUS REPORT by Thomas E. Brandon, Bureau of Alcohol, Tobacco, Firearms and Explosives, United States of America, Matthew Whitaker. (Soskin, Eric) (Entered: 11/13/2019)
2019-12-0927Proposed Agreed Order To Extend Deadlines By One Week by Thomas E. Brandon, Bureau of Alcohol, Tobacco, Firearms and Explosives, United States of America, Matthew Whitaker by Thomas E. Brandon, Bureau of Alcohol, Tobacco, Firearms and Explosives, United States of America, Matthew Whitaker. (Soskin, Eric) (Entered: 12/09/2019)
2019-12-1128AGREED ORDER FOR EXTENSION OF DEADLINES Signed by Magistrate Judge Regina S. Edwards on 12/11/2019, granting 27 - Motions for judgment on the Administrative Record shall be filed no later than December 17, 2019, with Response briefs due no later than January 17, 2020. The deadline for Reply briefs of February 18, 2020 shall remain unchanged. cc: Counsel (KD) (Entered: 12/11/2019)
2019-12-1729MOTION for Summary Judgment /Motion for Judgment on the Administrative Record by Defendants Thomas E. Brandon, Bureau of Alcohol, Tobacco, Firearms and Explosives, United States of America, Matthew Whitaker (Attachments: # 1 Exhibit 1 (AR Excerpts) - Part 1, # 2 Exhibit 1 (AR Excerpts) - Part 2, # 3 Exhibit 1 (AR Excerpts) - Part 3, # 4 Exhibit 1 (AR Excerpts) - Part 4, # 5 Exhibit 2 (Selected Comments) - Part 1, # 6 Exhibit 2 (Selected Comments) - Part 2, # 7 Authority Pursuant to LR 7.1(h) - Webster's 3d ed. definition ("Russian Roulette"), # 8 Authority Pursuant to LR 7.1(h) (Excerpt from Public Papers of President Eisenhower), # 9 Authority Pursuant to LR 7.1(h) (H.R. Rep. 73-1780), # 10 Authority Pursuant to LR 7.1(h) (S. Rep. 73-1444), # 11 Proposed Order) (Soskin, Eric) (Entered: 12/17/2019)
2019-12-1730MOTION for Judgment on the Pleadings and Administrative Record by Plaintiff Scott A. Hardin (Attachments: # 1 Proposed Order) (Hardin, Jason) (Entered: 12/17/2019)
2020-01-1731RESPONSE to Motion re 30 MOTION for Judgment on the Pleadings and Administrative Record filed by Thomas E. Brandon, Bureau of Alcohol, Tobacco, Firearms and Explosives, United States of America, Matthew Whitaker. (Attachments: # 1 Exhibit 3 - Additional AR excerpts, # 2 Exhibit 4 - Selected public comments) (Soskin, Eric) (Entered: 01/17/2020)
2020-01-1732RESPONSE to Motion re 29 MOTION for Summary Judgment /Motion for Judgment on the Administrative Record filed by Scott A. Hardin. (Hardin, Jason) (Entered: 01/17/2020)
2020-02-1833REPLY to Response to Motion re 29 MOTION for Summary Judgment /Motion for Judgment on the Administrative Record filed by Thomas E. Brandon, Bureau of Alcohol, Tobacco, Firearms and Explosives, United States of America, Matthew Whitaker. (Attachments: # 1 Exhibit 5 - selected additional comment) (Soskin, Eric) (Entered: 02/18/2020)
2020-02-1834REPLY to Response to Motion re 30 MOTION for Judgment on the Pleadings and Administrative Record filed by Scott A. Hardin. (Hardin, Jason) (Entered: 02/18/2020)
2020-11-2035MEMORANDUM OPINION AND ORDER Signed by Judge David J. Hale on 11/20/2020 - Defendants' motion for judgment on the administrative record (D.N. 29 ) is GRANTED. A separate judgment will be entered this date. Hardin's motion for judgment on the administrative record (D.N. 30 ) is DENIED. (KD) (Entered: 11/20/2020)
2020-11-3036JUDGMENT by Judge David J. Hale on 11/30/2020 - Judgment is entered in favor of Defendants Bureau of Alcohol, Tobacco, Firearms and Explosives, Matthew Whitaker, Thomas E. Brandon, and United States of America with respect to all claims asserted in this matter by Plaintiff Scott A. Hardin. This action is DISMISSED with prejudice and STRICKEN from the Court's docket. This is a FINAL and APPEALABLE Judgment, and there is no just cause for delay. (KD) (Entered: 11/30/2020)
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