Skip to content

Case Detail

[Subscribe to updates]
Case TitleEverytown for Gun Safety v. Bureau of Alcohol, Tobacco, Firearms, and Explosives
DistrictSouthern District of New York
CityFoley Square
Case Number1:2015cv05791
Date Filed2015-07-23
Date Closed2016-02-23
JudgeJudge Richard J. Sullivan
PlaintiffEverytown for Gun Safety
Case DescriptionEverytown for Gun Safety submitted a FOIA request to the Bureau of Alcohol, Tobacco and Firearms for aggregate gun trace data. BATF told Everytown that its 2010 appropriations legislation forbid it from using funds to process requests for gun trace data. Everytown appealed to the Office of Information Policy, which upheld BATF's decision. Everytown submitted a second FOIA request to BATF for aggregate gun trace data for Missouri. After BATF failed to respond, Everytown appealed to OIP, which told Everytown that it would not decide its appeal unless there had been an adverse determination. Everytown submitted a third FOIA request to BATF for aggregate gun trace data for guns reported lost or stolen. BATF denied the third request based on the prohibition in its appropriations legislation. Everytown appealed to OIP, which remanded the case to BATF for processing and direct response. However, after BATF failed to respond further, Everytown filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantBureau of Alcohol, Tobacco, Firearms, and Explosives
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-07-231COMPLAINT against Bureau of Alcohol, Tobacco, Firearms, and Explosives. (Filing Fee $ 400.00, Receipt Number 0208-11189799)Document filed by Everytown for Gun Safety.(Munoz, Ana) (Entered: 07/23/2015)
2015-07-232CIVIL COVER SHEET filed. (Munoz, Ana) (Entered: 07/23/2015)
2015-07-233REQUEST FOR ISSUANCE OF SUMMONS as to Bureau of Alcohol, Tobacco, Firearms, and Explosives, re: 1 Complaint. Document filed by Everytown for Gun Safety. (Munoz, Ana) (Entered: 07/23/2015)
2015-07-234NOTICE OF APPEARANCE by Lawrence S. Lustberg on behalf of Everytown for Gun Safety. (Lustberg, Lawrence) (Entered: 07/23/2015)
2015-07-24***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Ana Isabel Munoz. The party information for the following party/parties has been modified: Bureau of Alcohol, Tobacco, Firearms, and Explosives, Everytown for Gun Safety. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; corporation field was set to no when party is a corporation; address field must be left blank. (ky) (Entered: 07/24/2015)
2015-07-24CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Richard J. Sullivan. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php . (ky) (Entered: 07/24/2015)
2015-07-24Magistrate Judge Henry B. Pitman is so designated. (ky) (Entered: 07/24/2015)
2015-07-24Case Designated ECF. (ky) (Entered: 07/24/2015)
2015-07-245ELECTRONIC SUMMONS ISSUED as to Bureau of Alcohol, Tobacco, Firearms, and Explosives. (ky) (Entered: 07/24/2015)
2015-07-296CERTIFICATE OF SERVICE. Bureau of Alcohol, Tobacco, Firearms, and Explosives served on 7/27/2015, answer due 8/17/2015. Service was made by MAIL. Document filed by Everytown for Gun Safety. (Munoz, Ana) (Entered: 07/29/2015)
2015-07-307ORDER: Initial Conference set for 9/3/2015 at 11:15 AM in Courtroom 905 of the Thurgood Marshall United States District Court for the Southern District of New York, 40 Centre Street, New York, NY 10007 before Judge Richard J. Sullivan. (As further set forth in this Order.) (Signed by Judge Richard J. Sullivan on 7/30/2015) (mro) (Entered: 07/30/2015)
2015-08-038CERTIFICATE OF SERVICE. Bureau of Alcohol, Tobacco, Firearms, and Explosives served on 7/30/2015, answer due 8/20/2015. Service was made by MAIL. Document filed by Everytown for Gun Safety. (Munoz, Ana) (Entered: 08/03/2015)
2015-08-139NOTICE OF APPEARANCE by Leigh Aaron Wasserstrom on behalf of Bureau of Alcohol, Tobacco, Firearms, and Explosives. (Wasserstrom, Leigh) (Entered: 08/13/2015)
2015-08-1410CERTIFICATE OF SERVICE of Order served on Counsel for Plaintiff on August 14, 2015. Service was made by Mail. Document filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives. (Wasserstrom, Leigh) (Entered: 08/14/2015)
2015-08-2411LETTER MOTION to Adjourn Conference addressed to Judge Richard J. Sullivan from Leigh Wasserstrom dated August 24, 2015. Document filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives.(Wasserstrom, Leigh) (Entered: 08/24/2015)
2015-08-2512ORDER granting 11 Letter Motion to Adjourn Conference. The Court is in receipt of a letter from the government, dated August 24, 2015, requesting an adjournment of the initial status conference, which is currently scheduled for September 3, 2015. (Doc. No. 11.) Plaintiff consents to this request. (See id.) Accordingly, IT IS HEREBY ORDERED THAT the initial status conference is adjourned to Wednesday, September 16, 2015 at 2:30 p.m. This adjournment shall not affect the other deadlines set forth in the Court's July 30, 2015 Order. (Doc. No. 7.) Initial Conference set for 9/16/2015 at 02:30 PM before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 8/25/2015) (mro) (Entered: 08/25/2015)
2015-08-2513LETTER addressed to Judge Richard J. Sullivan from Leigh Wasserstrom dated August 25, 2015 re: Initial Status Conference Joint Letter. Document filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives.(Wasserstrom, Leigh) (Entered: 08/25/2015)
2015-08-2514MEMO ENDORSEMENT on re: 13 Letter filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives. ENDORSEMENT: IT IS HEREBY ORDERED THAT the parties' request is GRANTED and they need not submit a proposed case management plan and scheduling order. (Signed by Judge Richard J. Sullivan on 8/25/2015) (tn) (Entered: 08/26/2015)
2015-08-2615ANSWER to 1 Complaint. Document filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives.(Wasserstrom, Leigh) (Entered: 08/26/2015)
2015-09-1616Minute Entry and ORDER for proceedings held before Judge Richard J. Sullivan: The Court held an initial conference on 9/16/2015, beginning at approximately 2:40 p.m. Ana Isabel Munoz present for Plaintiff. J. Adam Skaggs, in-house counsel for Plaintiff, present. AUSA Leigh Aaron Wasserstrom present for Defendant. The conference lasted approximately 7 minutes. The Court ORDERED THAT, by November 24, 2015, the parties shall submit a joint letter to the Court informing it of the status of the case, including with respect to settlement. The Court FURTHER ORDERED THAT, if either party contemplates a motion, they shall submit a pre-motion letter to the Court no later than November 24, 2015. Pursuant to the Court's Individual Practices, the opposing party shall file its response to the pre-motion letter, if any, by December 1, 2015. (SLK) (Entered: 09/16/2015)
2015-11-1317NOTICE OF APPEARANCE by Louis Anthony Pellegrino on behalf of Bureau of Alcohol, Tobacco, Firearms, and Explosives. (Pellegrino, Louis) (Entered: 11/13/2015)
2015-11-2318LETTER addressed to Judge Richard J. Sullivan from Ana Munoz dated 11/23/15 re: Court's Order of September 16, 2015. Document filed by Everytown for Gun Safety.(Munoz, Ana) (Entered: 11/23/2015)
2015-11-2319MEMO ENDORSEMENT on re: 18 Letter filed by Everytown for Gun Safety. ENDORSEMENT: The parties' request is GRANTED. (Signed by Judge Richard J. Sullivan on 11/23/2015) (mro) (Entered: 11/24/2015)
2016-01-2520LETTER addressed to Judge Richard J. Sullivan from Ana Munoz dated Jan. 25, 2016 re: Additional 30 days. Document filed by Everytown for Gun Safety.(Munoz, Ana) (Entered: 01/25/2016)
2016-01-2621MEMO ENDORSEMENT on re: 20 Letter filed by Everytown for Gun Safety. ENDORSEMENT: The parties' request is GRANTED. (Signed by Judge Richard J. Sullivan on 1/26/2016) (mro) (Entered: 01/26/2016)
2016-02-2222LETTER addressed to Judge Richard J. Sullivan from Ana Munoz dated 2/22/2016 re: Status Update and Request for an Additional 30 days. Document filed by Everytown for Gun Safety.(Munoz, Ana) (Entered: 02/22/2016)
2016-02-2323ORDER. The Court is in receipt of a letter from the parties, dated February 22, 2016, informing the Court that the parties have reached a proposed settlement. (Doc. No. 22.) Accordingly, IT IS HEREBY ORDERED THAT this case is dismissed with prejudice but without costs. IT IS FURTHER ORDERED THAT the Court retains jurisdiction to enforce the settlement agreement. See Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 381 (1994). However, within thirty days of the date of this Order, any party may send a letter requesting to restore this action to the docket with an explanation for the request. Upon receipt of such a letter, this action will be restored. IT IS FURTHER ORDERED THAT all deadlines are adjoumed indefinitely. The Clerk of the Court is respectfully requested to close this case. (Signed by Judge Richard J. Sullivan on 2/23/2016) (rjm) (Entered: 02/23/2016)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar