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Case TitleMAYOR AND CITY COUNCIL OF BALTIMORE v. BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv03762
Date Filed2023-12-18
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffMAYOR AND CITY COUNCIL OF BALTIMORE
Case DescriptionThe Mayor and City Council of Baltimore submitted a FOIA request to the Bureau of Alcohol, Tobacco, and Firearms for records concerning the firearms used in crimes in Baltimore. The agency acknowledged receipt of the request. The agency denied the request entirely under Exemption 3 (other statutes), citing the Tiahrt Amendment. Baltimore filed an administrative appeal, which was denied. Baltimore then filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantBUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES
DefendantBUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES
NATIONAL SHOOTING SPORTS FOUNDATION, INC.
DefendantNATIONAL SHOOTING SPORTS FOUNDATION, INC.
Bradley Arant Boult Cummings LLP
1615 L Street, N.W.
Suite 1350
WASHINGTON, DC 20036
United Sta
2023937150
DefendantNATIONAL SHOOTING SPORTS FOUNDATION, INC.
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-12-181COMPLAINT against BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES ( Filing fee $ 405 receipt number ADCDC-10567704) filed by MAYOR AND CITY COUNCIL OF BALTIMORE. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Civil Cover Sheet, # 6 Summons USAO Summons, # 7 Summons AG Summons, # 8 Summons ATF Summons)(Orseck, Gary) (Entered: 12/18/2023)
2023-12-19Case Assigned to Judge Randolph D. Moss. (zrtw) (Entered: 12/19/2023)
2023-12-192SUMMONS (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)(zrtw) (Entered: 12/19/2023)
2023-12-203STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 12/20/2023. (lcrdm1) (Entered: 12/20/2023)
2023-12-224MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Paul F. Brzyski, Filing fee $ 100, receipt number ADCDC-10578817. Fee Status: Fee Paid. by MAYOR AND CITY COUNCIL OF BALTIMORE. (Attachments: # 1 Declaration of Paul F. Brzyski, # 2 Certificates of Good Standing, # 3 Text of Proposed Order)(Orseck, Gary) (Entered: 12/22/2023)
2023-12-225MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Alla Lefkowitz, Filing fee $ 100, receipt number ADCDC-10578896. Fee Status: Fee Paid. by MAYOR AND CITY COUNCIL OF BALTIMORE. (Attachments: # 1 Declaration of Alla Lefkowitz, # 2 Certificates of Good Standing, # 3 Text of Proposed Order)(Orseck, Gary) (Entered: 12/22/2023)
2023-12-226MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Aaron Esty, Filing fee $ 100, receipt number ADCDC-10578919. Fee Status: Fee Paid. by MAYOR AND CITY COUNCIL OF BALTIMORE. (Attachments: # 1 Declaration of Aaron Esty, # 2 Certificates of Good Standing, # 3 Text of Proposed Order)(Orseck, Gary) (Entered: 12/22/2023)
2023-12-227MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Mollie Krent, Filing fee $ 100, receipt number ADCDC-10579186. Fee Status: Fee Paid. by MAYOR AND CITY COUNCIL OF BALTIMORE. (Attachments: # 1 Declaration of Mollie Krent, # 2 Certificates of Good Standing, # 3 Text of Proposed Order)(Orseck, Gary) (Entered: 12/22/2023)
2024-01-02MINUTE ORDER: Upon consideration of Defendant's Motion for Admission Pro Hac Vice, Dkt. 4 , it is hereby ORDERED that the motion is GRANTED. Paul Brzyski is hereby granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a)/LCrR 44.5(a). Click for Instructions . Signed by Judge Randolph D. Moss on 1/2/2024. (lcrdm1) (Entered: 01/02/2024)
2024-01-02MINUTE ORDER: Upon consideration of Plaintiff's Motion for Admission Pro Hac Vice, Dkt. 5 , it is hereby ORDERED that the motion is GRANTED. Alla Lefkowitz is hereby granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a)/LCrR 44.5(a). Click for Instructions . Signed by Judge Randolph D. Moss on 1/2/2024. (lcrdm1) (Entered: 01/02/2024)
2024-01-02MINUTE ORDER: Upon consideration of Plaintiff's Motion for Admission Pro Hac Vice, Dkt. 6 , it is hereby ORDERED that the motion is GRANTED. Aaron Esty is hereby granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a)/LCrR 44.5(a). Click for Instructions . Signed by Judge Randolph D. Moss on 1/2/2024. (lcrdm1) (Entered: 01/02/2024)
2024-01-02MINUTE ORDER: Upon consideration of Plaintiff's Motion for Admission Pro Hac Vice, Dkt. 7 , it is hereby ORDERED that the motion is GRANTED. Mollie Krent is hereby granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a)/LCrR 44.5(a). Click for Instructions . Signed by Judge Randolph D. Moss on 1/2/2024. (lcrdm1) (Entered: 01/02/2024)
2024-01-088NOTICE of Appearance by Paul Brzyski on behalf of MAYOR AND CITY COUNCIL OF BALTIMORE (Brzyski, Paul) (Entered: 01/08/2024)
2024-01-119NOTICE of Appearance by Aaron Esty on behalf of MAYOR AND CITY COUNCIL OF BALTIMORE (Esty, Aaron) (Entered: 01/11/2024)
2024-01-1110NOTICE of Appearance by Mollie Krent on behalf of MAYOR AND CITY COUNCIL OF BALTIMORE (Krent, Mollie) (Entered: 01/11/2024)
2024-01-2311MOTION to Intervene by NATIONAL SHOOTING SPORTS FOUNDATION, INC.. (Attachments: # 1 Exhibit Proposed Answer, # 2 Exhibit Corporate Disclosure, # 3 Memorandum in Support, # 4 Text of Proposed Order)(Sweeney, John) (Entered: 01/23/2024)
2024-01-24MINUTE ORDER: In light of the National Shooting Sports Foundation, Inc.'s motion to intervene, Dkt. 11 , it is hereby ORDERED that Plaintiff and Defendant respond to the motion on or before February 7, 2024. Signed by Judge Randolph D. Moss on 1/24/2024. (lcrdm1) (Entered: 01/24/2024)
2024-01-2612DECLARATION of Service by MAYOR AND CITY COUNCIL OF BALTIMORE re 1 Complaint,. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Brzyski, Paul) (Entered: 01/26/2024)
2024-01-2913NOTICE of Appearance by Pardis Gheibi on behalf of All Defendants (Gheibi, Pardis) (Entered: 01/29/2024)
2024-01-2914ANSWER to Complaint by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES.(Gheibi, Pardis) (Entered: 01/29/2024)
2024-01-30MINUTE ORDER: It is ORDERED that, on or before March 1, 2024, the parties shall confer and file a joint status report addressing (1) any documents still to be produced pursuant to FOIA; (2) an anticipated schedule for processing and producing any such documents; and (3) any substantive areas of disagreement between the parties. It is further ORDERED that the parties shall appear for an Initial Scheduling Conference on March 8, 2024, at 9:30 a.m., in Courtroom 8. Signed by Judge Randolph D. Moss on 1/30/2024.(lcrdm1) (Entered: 01/30/2024)
2024-02-0515Consent MOTION for Extension of Time to File Response/Reply as to 11 MOTION to Intervene by MAYOR AND CITY COUNCIL OF BALTIMORE. (Attachments: # 1 Text of Proposed Order)(Orseck, Gary) (Entered: 02/05/2024)
2024-02-0616NOTICE of Appearance by Alla Lefkowitz on behalf of MAYOR AND CITY COUNCIL OF BALTIMORE (Lefkowitz, Alla) (Entered: 02/06/2024)
2024-02-0717RESPONSE re 11 MOTION to Intervene filed by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES. (Gheibi, Pardis) Modified on 2/8/2024 to correct event/ add docket link (zjm). (Entered: 02/07/2024)
2024-02-07MINUTE ORDER: Upon consideration of Plaintiff's consent motion for extension of time, Dkt. 15 , it is hereby ORDERED that the motion is GRANTED. Plaintiff shall file its response to NSSF's motion to intervene (Dkt. 11) on or before February 14, 2024. Signed by Judge Randolph D. Moss on 2/7/24. (lcrdm2) (Entered: 02/07/2024)
2024-02-1418MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Ebony Monet Thompson, Filing fee $ 100, receipt number ADCDC-10688770. Fee Status: Fee Paid. by MAYOR AND CITY COUNCIL OF BALTIMORE. (Attachments: # 1 Declaration of Ebony Monet Thompson, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Orseck, Gary) (Entered: 02/14/2024)
2024-02-1419MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Sara Elaine Gross, Filing fee $ 100, receipt number ADCDC-10688821. Fee Status: Fee Paid. by MAYOR AND CITY COUNCIL OF BALTIMORE. (Attachments: # 1 Declaration of Sara Elaine Gross, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Orseck, Gary) (Entered: 02/14/2024)
2024-02-1420MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Thomas Patrick George Webb, Filing fee $ 100, receipt number ADCDC-10688859. Fee Status: Fee Paid. by MAYOR AND CITY COUNCIL OF BALTIMORE. (Attachments: # 1 Declaration of Thomas Patrick George Webb, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Orseck, Gary) (Entered: 02/14/2024)
2024-02-1421Memorandum in opposition to re 11 Motion to Intervene filed by MAYOR AND CITY COUNCIL OF BALTIMORE. (Orseck, Gary) (Entered: 02/14/2024)
2024-02-15MINUTE ORDER: Upon consideration of Plaintiff's Motion for Admission Pro Hac Vice, Dkt. 18 , it is hereby ORDERED that the motion is GRANTED. Ebony Monet Thompson is hereby granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a)/LCrR 44.5(a). Click for Instructions . Signed by Judge Randolph D. Moss on 2/15/2024. (lcrdm1) (Entered: 02/15/2024)
2024-02-15MINUTE ORDER: Upon consideration of Plaintiff's Motion for Admission Pro Hac Vice, Dkt. 19 , it is hereby ORDERED that the motion is GRANTED. Sara Elaine Gross is hereby granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a)/LCrR 44.5(a). Click for Instructions . Signed by Judge Randolph D. Moss on 2/15/2024. (lcrdm1) (Entered: 02/15/2024)
2024-02-15MINUTE ORDER: Upon consideration of Plaintiff's Motion for Admission Pro Hac Vice, Dkt. 20 , it is hereby ORDERED that the motion is GRANTED. Thomas Patrick George Webb is hereby granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a)/LCrR 44.5(a). Click for Instructions . Signed by Judge Randolph D. Moss on 2/15/2024. (lcrdm1) (Entered: 02/15/2024)
2024-02-1622Consent MOTION for Extension of Time to File Response/Reply as to 11 MOTION to Intervene by NATIONAL SHOOTING SPORTS FOUNDATION, INC.. (Porter, James) (Entered: 02/16/2024)
2024-02-18MINUTE ORDER: Upon consideration of National Shooting Sports Foundation's consent motion to extend time, Dkt. 22 , it is hereby ORDERED that the motion is GRANTED. National Shooting Sports Foundation shall file its reply on or before February 28, 2024. Signed by Judge Randolph D. Moss on 2/18/2024. (lcrdm1) (Entered: 02/18/2024)
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