Original Case: 1:18-cv-03086

D.C. Circuit U.S. Court of Appeals
Case #: 0:19-cvus-05044
Typecivil us / united states
Nature of Suit899 Other Statutes - Administrative Procedure Act/Review or Appeal of Agency Decision
Case Filed:Feb 26, 2019
Terminated:Apr 01, 2019
Last checked: Tuesday Apr 02, 2019 4:31 AM EDT
Amicus Curiae for Appellant
Marilyn Glynn
Represented By
Nikhel Suresh Sus
Citizens for Responsibility and Ethics in Washington
contact info
Conor Shaw
Citizens for Responsibility and Ethics in Washington
contact info
Amicus Curiae for Appellant
The New Civil Liberties Alliance
Represented By
Steven M. Simpson
New Civil Liberties Alliance
contact info
Amicus Curiae for Appellant
Jed Shugerman
Represented By
Stephen Adam Weisbrod
Weisbrod Matteis & Copley PLLC
contact info
Amicus Curiae for Appellant
Peter M. Shane
Represented By
Stephen Adam Weisbrod
Weisbrod Matteis & Copley PLLC
contact info
Amicus Curiae for Appellant
Trip Rothschild
Represented By
Nikhel Suresh Sus
Citizens for Responsibility and Ethics in Washington
contact info
Conor Shaw
Citizens for Responsibility and Ethics in Washington
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Amicus Curiae for Appellant
Morton Rosenberg
Represented By
Joseph Carl Cecere Jr.
Cecere PC
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Amicus Curiae for Appellant
Lawrence Reynolds
Represented By
Nikhel Suresh Sus
Citizens for Responsibility and Ethics in Washington
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Conor Shaw
Citizens for Responsibility and Ethics in Washington
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Amicus Curiae for Appellant
Richard Painter
Represented By
Nikhel Suresh Sus
Citizens for Responsibility and Ethics in Washington
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Conor Shaw
Citizens for Responsibility and Ethics in Washington
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Amicus Curiae for Appellant
Victoria Nourse
Represented By
Stephen Adam Weisbrod
Weisbrod Matteis & Copley PLLC
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Amicus Curiae for Appellant
Alan B. Morrison
Represented By
Stephen Adam Weisbrod
Weisbrod Matteis & Copley PLLC
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Amicus Curiae for Appellant
Karen Kucik
Represented By
Nikhel Suresh Sus
Citizens for Responsibility and Ethics in Washington
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Conor Shaw
Citizens for Responsibility and Ethics in Washington
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Amicus Curiae for Appellant
Don Fox
Represented By
Nikhel Suresh Sus
Citizens for Responsibility and Ethics in Washington
contact info
Conor Shaw
Citizens for Responsibility and Ethics in Washington
contact info
Amicus Curiae for Appellant
Citizens for Responsibility and Ethics in Washington
Represented By
Nikhel Suresh Sus
Citizens for Responsibility and Ethics in Washington
contact info
Conor Shaw
Citizens for Responsibility and Ethics in Washington
contact info
Amicus Curiae for Appellant
Erwin Chemerinsky
Represented By
Stephen Adam Weisbrod
Weisbrod Matteis & Copley PLLC
contact info
Amicus Curiae for Appellant
Virginia Canter
Represented By
Nikhel Suresh Sus
Citizens for Responsibility and Ethics in Washington
contact info
Conor Shaw
Citizens for Responsibility and Ethics in Washington
contact info
Amicus Curiae for Appellant
W. Clark Aposhian
Represented By
Steven M. Simpson
New Civil Liberties Alliance
contact info
Amicus Curiae for Appellee
Giffords Law Center to Prevent Gun Violence
Represented By
Ian Simmons
O'Melveny & Myers LLP
contact info
Defendant - Appellee
Bureau of Alcohol, Tobacco, Firearms and Explosives
Represented By
Abby Christine Wright
U.S. Department of Justice
contact info
Matthew J. Glover
U.S. Department of Justice
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Scott R. McIntosh
U.S. Department of Justice
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Bradley Hinshelwood
U.S. Department of Justice
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Hashim M. Mooppan
U.S. Department of Justice
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DOJ Appellate Counsel
U.S. Department of Justice
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Defendant - Appellee
William P. Barr, in his official as Attorney General
Represented By
Abby Christine Wright
U.S. Department of Justice
contact info
Matthew J. Glover
U.S. Department of Justice
contact info
Scott R. McIntosh
U.S. Department of Justice
contact info
Bradley Hinshelwood
U.S. Department of Justice
contact info
Hashim M. Mooppan
U.S. Department of Justice
contact info
DOJ Appellate Counsel
U.S. Department of Justice
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Plaintiff - Appellant
David Codrea
Represented By
Stephen Dean Stamboulieh
Stamboulieh Law, PLLC
contact info
Alan Beck
Law Office of Alan Beck
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Plaintiff - Appellant
Scott Heuman
Represented By
Stephen Dean Stamboulieh
Stamboulieh Law, PLLC
contact info
Alan Beck
Law Office of Alan Beck
contact info
Plaintiff - Appellant
Owen Monroe
Represented By
Stephen Dean Stamboulieh
Stamboulieh Law, PLLC
contact info
Alan Beck
Law Office of Alan Beck
contact info

GPO Apr 01 2019
PER CURIAM JUDGMENT [1780390] filed it is ORDERED and ADJUDGED that the District Courtā??s denial of the preliminary injunction appealed from in these causes be affirmed, in accordance with the opinion of the court filed herein this date. It is FURTHER ORDERED that the administrative stay of the effective date of the Bump Stock Rule, 83 Fed. Reg. 66,514 (Dec. 26, 2018), that was entered on the courtā??s own motion on March 23, 2019, will remain in effect for 48 hours from the time of the issuance of the opinion in this case to allow plaintiffs, if they wish, to seek a stay from the Supreme Court of the United States. Should plaintiffs do so, the administrative stay will remain in effect pending disposition of the stay application. Plaintiffs are directed to notify the court promptly should an application for a stay be filed. It is FURTHER ORDERED that Codrea plaintiffs-appellantsā?? notice of voluntary dismissal of Whitaker-based claim in No. 19-5044, construed by the court as a motion for voluntary dismissal, be denied. The Clerk is directed to withhold issuance of the mandate pending resolution of any stay application filed in the Supreme Court. Plaintiffs are directed to notify the court promptly of the disposition of a stay application. If plaintiffs do not seek a stay from the Supreme Court, the Clerk is directed to issue the mandate 48 hours after the opinion in these consolidated cases issues. See Fed. R. App. P. 41(b); D.C. Cir. Rule 41(a)(1). [19-5042, 19-5044]
GPO Apr 01 2019
OPINION [1780398] filed PER CURIAM OPINION (Pages: 59), CONCURRING IN PART AND DISSENTING IN PART OPINION (Pages: 27) by Judge Henderson. [19-5042, 19-5044]

Docket last updated: 04/02/2019 4:31 AM EDT
Tuesday, February 26, 2019
US CIVIL CASE docketed. 19-5044
Related: [-]
30+ pgs NOTICE OF APPEAL [1774878] seeking review of a decision by the U.S. District Court in 1:18-cv-03086-DLF filed by David Codrea, Scott Heuman and Owen Monroe. Appeal assigned USCA Case Number: 19-5044 19-5044
Related: [-]
3 pgs CLERK'S ORDER [1774914] filed consolidating cases 19-5043 19-5044 (Consolidation started 02/26/2019) with 19-5042 directing party to file initial submissions: APPELLANT docketing statement due 03/28/2019. APPELLANT certificate as to parties due 03/28/2019. APPELLANT statement of issues due 03/28/2019. APPELLANT underlying decision due 03/28/2019. APPELLANT deferred appendix statement due 03/28/2019. APPELLANT notice of appearance due 03/28/2019. APPELLANT transcript status report due 03/28/2019. APPELLANT procedural motions due 03/28/2019. APPELLANT dispositive motions due 04/12/2019; directing party to file initial submissions: APPELLEE certificate as to parties due 03/28/2019. APPELLEE entry of appearance due 03/28/2019. APPELLEE procedural motions due 03/28/2019. APPELLEE dispositive motions due 04/12/2019 19-5042 19-5043 19-5044
Related: [-]
1 pgs ENTRY OF APPEARANCE [1774973] filed by Thomas C. Goldstein and co-counsel Daniel Woofter on behalf of Appellee Firearms Policy Coalition, Inc. in 19-5042 Appellant Firearms Policy Coalition, Inc. in 19-5043 19-5042 19-5043 (Goldstein, Thomas)
Related: [-]
14 pgs MOTION [1774980] to expedite case, to expedite oral argument, to establish briefing schedule filed by Firearms Policy Coalition, Inc. and Firearms Policy Foundation, Florida Carry, Inc., Damien Guedes, Madison Society Foundation, Inc. and Shane Roden in 19-5042 19-5043 (Service Date: 02/26/2019 by 3rd Party, CM/ECF NDA) Length Certification: 1,416 words. 19-5042 19-5043 (Goldstein, Thomas)
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1 pgs ENTRY OF APPEARANCE [1774992] filed by Joshua Prince and co-counsel Adam Kraut on behalf of Appellants Firearms Policy Foundation, Florida Carry, Inc., Damien Guedes, Madison Society Foundation, Inc. and Shane Roden in 19-5042 Appellees Firearms Policy Foundation, Florida Carry, Inc., Damien Guedes, Madison Society Foundation, Inc. and Shane Roden in 19-5043 19-5042 19-5043 (Prince, Joshua)
Related: [-]
1 pgs ENTRY OF APPEARANCE [1775014] filed by Stephen D. Stamboulieh on behalf of Appellants Scott Heuman, Owen Monroe and David Codrea in 19-5044 19-5044 19-5042 19-5043 (Stamboulieh, Stephen)
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2 pgs ENTRY OF APPEARANCE [1775027] filed by Hashim M. Mooppan and co-counsel Abby C. Wright, Scott R. McIntosh on behalf of Appellees ATF, William P. Barr, Thomas E. Brandon and USA in 19-5042 19-5043 Appellees ATF and William P. Barr in 19-5044 19-5042 19-5043 19-5044 (Wright, Abby)
Related: [-]
DOCKETING STATEMENT [1775037] filed by David Codrea, Scott Heuman and Owen Monroe in 19-5044 [Service Date: 02/26/2019 ] 19-5044 19-5042 19-5043 (Stamboulieh, Stephen)
Related: [-]
Att: 1 1 pgs Docketing Statement Filed
Att: 2 1 pgs Certificate of Service
9 pgs RESPONSE IN OPPOSITION [1775047] to motion to expedite case [1774980-2], motion to expedite oral argument [1774980-3], motion to establish briefing schedule [1774980-4] filed by USA, Thomas E. Brandon, William P. Barr and ATF in 19-5042 19-5043 William P. Barr and ATF in 19-5044 [Service Date: 02/26/2019 by CM/ECF NDA] Length Certification: 1,1019 words. 19-5042 19-5043 19-5044 (Wright, Abby)
Related: [-]
6 pgs NOTICE [1775048] to join motion to expedite case [1774980-2] filed by Appellee and Appellants in 19-5042 Appellant and Appellees in 19-5043 motion to expedite oral argument [1774980-3] filed by Appellee and Appellants in 19-5042 Appellant and Appellees in 19-5043 motion to establish briefing schedule [1774980-4] filed by Appellee and Appellants in 19-5042 Appellant and Appellees in 19-5043 filed by David Codrea, Scott Heuman and Owen Monroe in 19-5044 [Service Date: 02/26/2019 ] 19-5044 19-5042 19-5043 (Stamboulieh, Stephen)
Related: [-]