Court: | txnd |
Docket #: | 5:10-cv-00141 |
Case Name: | National Rifle Association of America, Inc., et al v. McCraw et al |
PACER case #: | 199405 |
Date filed: | 2010-09-08 |
Date terminated: | 2013-07-18 |
Date of last filing: | 2012-01-19 |
Assigned to: | Judge Sam R Cummings |
Case Cause: | 28:1331 Federal Question: Other Civil Rights |
Nature of Suit: | 440 Civil Rights: Other Civil Rights |
Jury Demand: | None |
Jurisdiction: | Federal Question |
Represented Party | Attorney & Contact Info |
James A. D'Cruz Plaintiff TERMINATED: 07/06/2011 |
Charles J Cooper Brian S Koukoutchos David H Thompson Fernando M Bustos Jesse Panuccio Peter A Patterson |
Steven C McCraw Defendant in his official capacity as Director of the Texas Department of Public Safety |
Drew L Harris Jonathan F. Mitchell |
Allan B Polunsky Defendant in his official capacity as Chairman of the Texas Public Safety Commission TERMINATED: 12/03/2010 |
Drew L Harris |
Carin M Barth Defendant in her official capacity as a Member of the Texas Public Safety Commission TERMINATED: 12/03/2010 |
Drew L Harris |
Ada Brown Defendant in her official capacity as a Member of the Texas Public Safety Commission TERMINATED: 12/03/2010 |
Drew L Harris |
Jr John T Steen Defendant in his official capacity as a Member of the Texas Public Safety Commission TERMINATED: 12/03/2010 |
Drew L Harris |
C. Tom Clowe, Jr. Defendant TERMINATED: 12/03/2010 |
Drew L Harris |
National Rifle Association of America, Inc. Plaintiff |
Brian S Koukoutchos Charles J Cooper Fernando M Bustos Jesse Panuccio Peter A Patterson |
Brady Center to Prevent Gun Violence Amicus |
Scott Medlock |
Rebekah Jennings Plaintiff |
Charles J Cooper David H Thompson Fernando M Bustos Peter A Patterson |
Brennan Harmon Plaintiff |
Charles J Cooper David H Thompson Fernando M Bustos Peter A Patterson |
Andrew Payne Plaintiff |
Charles J Cooper David H Thompson Fernando M Bustos Peter A Patterson |
Steven McCraw Defendant in his official capacity as Director of the Texas Department of Public Safety |
Drew L Harris Jonathan F. Mitchell |
Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
2010-09-08 | 1 | 0 | Complaint | COMPLAINT against All Defendants filed by James A. D'Cruz. Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. (Filing fee $350; Receipt number 0539-3455289) (Attachments: # 1 Cover Sheet, # 2 Certificate of Interested Persons) (Cooper, Charles) Per Attorney Jesse Panuccio, Attorney Fernando Bustos will prepare Summons(es) and deliver to Clerk's Office for issuance. Modified on 9/8/2010 (alb). Modified on 9/8/2010 (jdg). (Entered: 09/08/2010) | 2010-09-08 13:03:09 | a7d2b29975d76cf248938168c8db095a07b034b9 |
1 | 1 | Cover Sheet | 2010-09-08 13:04:12 | 3188011e6bb46d450b5807c153f9b51abb3d3620 | ||
1 | 2 | Certificate of Interested Persons | 2010-09-08 13:05:08 | 0cc17e53db754782aeaa7fe60fa4048212f37f0e | ||
2010-09-08 | 2 | 0 | Cert. Of Interested Persons/Disclosure Statement | CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by James A. D'Cruz. (Cooper, Charles) (Entered: 09/08/2010) | 2010-09-11 18:53:08 | f3b0c6525ef25e005c2af163c7aab201ad5b807f |
2010-09-08 | 3 | 0 | Application for Admission Pro Hac Vice | Application for Admission Pro Hac Vice with Cert. of Good Standing for Attorney Charles J. Cooper (Filing fee $25; Receipt number 0539-3456052) filed by James A. D'Cruz (Attachments: # 1 Certificate of Good Standing) (Cooper, Charles) (Entered: 09/08/2010) | 2015-08-18 02:18:45 | 8edb16d1c399e8012e3d9a55a2dde58bed08fe9b |
3 | 1 | 2015-08-18 02:18:44 | d822a54c4d7616deed832627ee27aeaaaa3c74c2 | |||
2010-09-08 | 4 | 0 | Application for Admission Pro Hac Vice | Application for Admission Pro Hac Vice with Cert. of Good Standing for Attorney David H. Thompson (Filing fee $25; Receipt number 0539-3456063) filed by James A. D'Cruz (Attachments: # 1 Certificate of Good Standing) (Cooper, Charles) (Entered: 09/08/2010) | ||
2010-09-08 | 5 | 0 | Application for Admission Pro Hac Vice | Application for Admission Pro Hac Vice with Cert. of Good Standing for Attorney Jesse Panuccio (Filing fee $25; Receipt number 0539-3456074) filed by James A. D'Cruz (Attachments: # 1 Certificate of Good Standing) (Cooper, Charles) (Entered: 09/08/2010) | 2015-08-18 02:18:15 | 5029be6b12e0000187105a89c7c9f85964b99a21 |
2010-09-08 | 6 | 0 | Summons Issued | Summons Issued as to All Defendants - Steven McCraw, Allan Polunsky, Carin Marcy Barth, Ada Brown, John Steen, C. Tom Clowe, Jr.. (bdg) (Entered: 09/08/2010) | 2010-09-11 18:55:06 | 794d3cbb1f61fc8882d25271c09d55b61662e126 |
2010-09-09 | 7 | 0 | Order on Application for Admission Pro Hac Vice | ORDER granting 3 Application for Admission Pro Hac Vice of Charles J. Cooper. Clerk shall deposit application fee to the Non-Appropriated Fund of this Court. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Sam R Cummings on 9/9/2010) (bdg) (Entered: 09/09/2010) | 2015-08-18 02:31:21 | 5d460fef3c8431bc8e18f7e4d81599aa55644944 |
2010-09-09 | 8 | 0 | Order on Application for Admission Pro Hac Vice | ORDER granting 5 Application for Admission Pro Hac Vice of Jesse Panuccio. Clerk shall deposit application fee to the Non-Appropriated Fund of this Court. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Sam R Cummings on 9/9/2010) (bdg) (Entered: 09/09/2010) | ||
2010-09-09 | 9 | 0 | Order on Application for Admission Pro Hac Vice | ORDER granting 4 Application for Admission Pro Hac Vice of David H. Thompson. Clerk shall deposit application fee to the Non-Appropriated Fund of this Court. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Sam R Cummings on 9/9/2010) (bdg) (Entered: 09/09/2010) | ||
2010-09-20 | 10 | 0 | Summons Returned | SUMMONS Returned Executed as to Steven C McCraw ; served on 9/10/2010. (Bustos, Fernando) (Entered: 09/20/2010) | ||
2010-09-20 | 11 | 0 | Summons Returned | SUMMONS Returned Executed as to Allan B Polunsky ; served on 9/10/2010. (Bustos, Fernando) (Entered: 09/20/2010) | ||
2010-09-20 | 12 | 0 | Summons Returned | SUMMONS Returned Executed as to Ada Brown ; served on 9/10/2010. (Bustos, Fernando) (Entered: 09/20/2010) | ||
2010-09-20 | 13 | 0 | Summons Returned | SUMMONS Returned Executed as to C. Tom Clowe, Jr ; served on 9/10/2010. (Bustos, Fernando) (Entered: 09/20/2010) | ||
2010-09-22 | 14 | 0 | Summons Returned | SUMMONS Returned Executed as to John T Steen ; served on 9/21/2010. (Bustos, Fernando) (Entered: 09/22/2010) | ||
2010-09-22 | 15 | 0 | Summons Returned | SUMMONS Returned Executed as to Carin M Barth ; served on 9/21/2010. (Bustos, Fernando) (Entered: 09/22/2010) | ||
2010-09-27 | 16 | 0 | Motion for Extension of Time to File Answer | Unopposed Motion for Extension of Time to File Answer filed by Carin M Barth, Ada Brown, C. Tom Clowe, Jr, Steven C McCraw, Allan B Polunsky, John T Steen (Attachments: # 1 Proposed Order) (Harris, Drew) (Entered: 09/27/2010) | 2015-08-18 02:18:26 | fa65a3f63fcd7b87ff5b13f120922d85e9c367aa |
16 | 1 | 2015-08-18 02:18:30 | dafb65a133a1d9dc4cff352b96c32bc9029264dc | |||
2010-09-28 | 17 | 0 | Order on Motion for Extension of Time to File Answer | ORDER granting 16 Motion for Extension of Time to File Answer: It is ORDERED that the deadline for all Defendants to answer or otherwise respond to the Complaint for Declaratory Judgment and Injunctive Relief is extended to October 11, 2010. (Ordered by Judge Sam R Cummings on 9/28/2010) (bdg) (Entered: 09/28/2010) | ||
2010-10-07 | 18 | 0 | Motion for Extension of Time to File Answer | Unopposed Motion for Extension of Time to File Answer filed by Carin M Barth, Ada Brown, C. Tom Clowe, Jr, Steven C McCraw, Allan B Polunsky, John T Steen (Attachments: # 1 Proposed Order) (Harris, Drew) (Entered: 10/07/2010) | ||
2010-10-07 | 19 | 0 | Order on Motion for Extension of Time to File Answer | ORDER granting 18 Unopposed Motion to Further Extend Answer Deadline as to all Defendants. All Defendants to answer or otherwise respond to the Complaint for Declaratory Judgment and Injunctive Relief filed on September 8, 2010 is extended to October 25, 2010. (Ordered by Judge Sam R Cummings on 10/7/2010) (lkw) (Entered: 10/07/2010) | 2010-10-28 17:17:36 | cdd2da5bc50731659a5bc324dfb41dfacc8e62a9 |
2010-10-20 | 20 | 0 | Amended Complaint | AMENDED COMPLAINT against All Defendants filed by James A. D'Cruz, National Rifle Association of America, Inc.. (Cooper, Charles) (Entered: 10/20/2010) | 2010-10-25 20:50:36 | 2704cc5541c6256e45715ba4e9bc4dcd1d3b9fc2 |
2010-10-20 | 21 | 0 | Cert. Of Interested Persons/Disclosure Statement | CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by James A. D'Cruz, National Rifle Association of America, Inc.. (Cooper, Charles) (Entered: 10/20/2010) | 2010-10-28 17:18:08 | 9a91865be03f5d4714408be4df63636b7ce4786e |
2010-11-01 | 22 | 0 | Motion for Extension of Time to File Answer | Unopposed Motion for Extension of Time to File Answer to Plaintiffs' Amended Complaint filed by Carin M Barth, Ada Brown, C. Tom Clowe, Jr, Steven C McCraw, Allan B Polunsky, John T Steen (Attachments: # 1 Proposed Order) (Harris, Drew) (Entered: 11/01/2010) | 2015-08-18 02:18:42 | b6956b2ecf3f72b90274c9a80d39d3ec7717ef31 |
22 | 1 | Proposed Order | 2015-08-18 02:18:41 | cd3b2549e6a06c879c90f051f83a70daa9968f0b | ||
2010-11-02 | 23 | 0 | Order on Motion for Extension of Time to File Answer | ORDER GRANTING 22 Defendant's Unopposed Motion to Extend Deadline to Answer Plaintiff's Amended Complaint. It is therefore ORDERED that the deadline for all Defendants to answer or otherwise respond to the Amended Complaint for Declaratory Judgment and Injunctive Relief filed on October 20, 2010 is extended to November 17, 2010. (lkw) (Ordered by Judge Sam R Cummings on 11/2/2010) (Entered: 11/02/2010) | ||
2010-11-17 | 24 | 0 | Motion for Leave to File | MOTION for Leave to File Application of Amici Curiae Brady Center to Prevent Gun Violence, Mothers Against Teen Violence, and Texas Chapters of the Brady Campaign To Prevent Gun Violence to File an Amicus Brief in Support of Defendant's Motion to Dismiss, filed by Brady Center to Prevent Gun Violence. Party Brady Center to Prevent Gun Violence added. (Medlock, Scott) Modified on text 11/17/2010 (cb). (Entered: 11/17/2010) | ||
2010-11-17 | 25 | 0 | Motion for Extension of Time to File Answer | Unopposed Motion for Extension of Time to File Answer filed by Carin M Barth, Ada Brown, C. Tom Clowe, Jr, Steven C McCraw, Allan B Polunsky, John T Steen (Attachments: # 1 Proposed Order) (Harris, Drew) (Entered: 11/17/2010) | ||
2010-11-18 | 26 | 0 | Order on Motion for Extension of Time to File Answer | ORDER GRANTING UNOPPOSED MOTION TO FURTHER EXTEND DEADLINE TO ANSWER THE PLAINTIFFS' AMENDED COMPLAINT 25 Motion for Extension of Time to File Answer All Defendants. It is ORDERED that the deadline for all Defendants to answer or otherwise respond to the Amended Complaint for Declaratory Judgment and Injunctive Relief filed on October 20, 2010 is extended to November 24, 2010. (Ordered by Judge Sam R Cummings on 11/18/2010) (lkw) (Entered: 11/18/2010) | 2015-08-18 02:19:02 | 5a76fd628aeafd25342ccb86ea1753fc381f59f4 |
2010-11-18 | 27 | 0 | Motion to Withdraw | Unopposed MOTION to Withdraw 24 MOTION for Leave to File Application of Amici Curiae Brady Center filed by Brady Center to Prevent Gun Violence (Medlock, Scott) (Entered: 11/18/2010) | 2010-11-18 21:25:05 | 9ca2a6bc62ebfa6e9622165871ca781d3daf9ce4 |
2010-11-19 | 28 | 0 | Order on Motion for Leave to File | ORDER: GRANTING 27 Motion to Withdraw; WITHDRAWING 24 Motion for Leave to File Application of Amici Curiae Brady Center to Prevent Gun Violence, Mothers Against Teen Violence, and Texas Chapters of the Brady Campaign To Prevent Gun Violence to File an Amicus Brief in Support of Defendant's Motion to Dismiss. (Ordered by Judge Sam R Cummings on 11/19/2010) (bdg) (Entered: 11/19/2010) | ||
2010-11-23 | 29 | 0 | Answer to Amended Complaint | ANSWER to 20 Amended Complaint filed by Carin M Barth, Ada Brown, C. Tom Clowe, Jr, Steven C McCraw, Allan B Polunsky, John T Steen Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership (Harris, Drew) (Entered: 11/23/2010) | 2010-11-24 00:50:02 | b1fd753c6c87ae6075c8985abe1dd89606bbe3a2 |
2010-11-23 | 30 | 0 | Cert. Of Interested Persons/Disclosure Statement | CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Carin M Barth, Ada Brown, C. Tom Clowe, Jr, Steven C McCraw, Allan B Polunsky, John T Steen. (Harris, Drew) (Entered: 11/23/2010) | ||
2010-11-24 | 31 | 0 | Scheduling Order | SCHEDULING ORDER: Defendants' dispositive motion due by 12/17/2010. Plaintiffs' response to Defendants' dispositive motion and Plaintiffs' motion for summary judgment due 01/14/2011. Defendants' reply in support of dispositive motion due and Defendants' response to Plaintiffs' motion for summary judgment due 02/14/2011. Plaintiffs' reply in support of motion for summary judgment due 03/11/2011. No discovery will proceed at this time; however, the parties may file a motion to modify this order if a need for discovery arises. (Ordered by Judge Sam R Cummings on 11/24/2010) (lkw) (Entered: 11/24/2010) | 2010-12-02 17:57:22 | 2de12ccde3885417328e25286a0dcfcd26aa4789 |
2010-12-02 | 32 | 0 | Stipulation | Agreed STIPULATION OF DISMISSAL of Defendants Polunsky, Barth, Brown, Steen, and Clowe by James A. D'Cruz, National Rifle Association of America, Inc.. (Cooper, Charles) (Entered: 12/02/2010) | 2010-12-02 18:03:07 | 69e371f4645184db2358870624c410f9c91ff7e5 |
2010-12-03 | 33 | 0 | Order of Dismissal or Administrative Closure | Order Of Dismissal: Re: 32 Agreed Stipulation of Dismissal. Dismissing Parties without predjudice: C. Tom Clowe, Jr., Allan B. Polunsky, John T. Steen, Carin M. Barth and Ada Brown. (Ordered by Judge Sam R Cummings on 12/3/2010) (lkw) (Entered: 12/03/2010) | 2011-01-03 00:23:06 | 4d6f70f6df841520530a4fa1f60b5ee2210b385c |
2010-12-14 | 34 | 0 | Motion to Amend/Correct | Emergency MOTION to Amend/Correct SCHEDULING ORDER TO PERMIT DISCOVERY AND EXTEND DISPOSITIVE MOTION DEADLINES filed by Steven C McCraw with Brief/Memorandum in Support. (Attachments: # 1 Brief for Motion to Amend Scheduling Order, # 2 Proposed Order) (Harris, Drew) (Entered: 12/14/2010) | 2011-01-03 00:36:24 | 1aae1418f174b883a3125c0aa920c65c2ea5e12e |
34 | 1 | Brief for Motion to Amend Scheduling Order | 2011-01-03 00:38:06 | efadb78be048b8fa89a90cb664f3873f0e759ab0 | ||
34 | 2 | Proposed Order | ||||
2010-12-15 | 35 | 0 | Response/Objection | RESPONSE filed by James A. D'Cruz, National Rifle Association of America, Inc. re: 34 Emergency MOTION to Amend/Correct SCHEDULING ORDER TO PERMIT DISCOVERY AND EXTEND DISPOSITIVE MOTION DEADLINES (Attachments: # 1 Exhibit(s) Plaintiffs' Brief in Support of Their Response in Opposition) (Cooper, Charles) (Entered: 12/15/2010) | 2011-01-03 00:30:57 | 6447e15117cd84690d12742ee8204b74819fe5cd |
35 | 1 | Exhibit(s) Plaintiffs' Brief in Support of Their Response in Opposition | 2011-01-03 00:33:06 | e3d17074e91c162e0d999700c6d4696b29518a39 | ||
2010-12-16 | 36 | 0 | Order | ORDER: Granting Motion 34 Emergency MOTION to Amend SCHEDULING ORDER TO PERMIT DISCOVERY AND EXTEND DISPOSITIVE MOTION DEADLINES. Experts must be disclosed by 3:00 p.m. on February 15, 2011. All other pretrial motions, including motions for summary judgment, must be filed, and all discovery must be completed, by 3:00 p.m. on May 16, 2011. All parties will be notified by separate order of the date of trial and the date for filing the proposed pretrial order. (Ordered by Judge Sam R Cummings on 12/16/2010) (lkw) Modified text on 12/16/2010 (lkw). (Entered: 12/16/2010) | 2010-12-28 20:36:09 | 14de75599cb08b6a998901ec6143c9356cec4df7 |
2010-12-27 | 37 | 0 | Motion for Leave to File | ***DOCUMENT FILED IN INCORRECT CASE*** MOTION for Leave to File Brief of Amici Curiae Brady Center to Prevent Gun Violence filed by Brady Center to Prevent Gun Violence with Brief/Memorandum in Support. (Medlock, Scott) Modified on 12/28/2010 (klw). (Entered: 12/27/2010) | 2010-12-28 20:38:04 | 9d130891839f0b632c0eebe7235afc9600d4e06e |
2010-12-29 | 38 | 0 | Application for Admission Pro Hac Vice | Application for Admission Pro Hac Vice with Cert. of Good Standing for Attorney Peter A. Patterson (Filing fee $25; Receipt number 0539-3648161) filed by James A. D'Cruz, National Rifle Association of America, Inc. (Attachments: # 1 Certificate of Good Standing) (Patterson, Peter) (Entered: 12/29/2010) | 2015-08-18 02:19:09 | 7967563ee0b9f85b79b155c17b9ec3f07c6ea4f9 |
2010-12-30 | 39 | 0 | Order on Application for Admission Pro Hac Vice | ORDER granting 38 Application for Admission Pro Hac Vice of Peter A. Patterson. Clerk shall deposit application fee to the Non-Appropriated Fund of this Court. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Sam R Cummings on 12/30/2010) (bdg) (Entered: 12/30/2010) | 2015-08-18 02:19:13 | ccf57c60ad80676b240b2139ec64cd25dce02b6d |
2011-01-04 | 40 | 0 | Scheduling Order | PRETRIAL NOTICE AND ORDER: Bench Trial set for 8/15/2011 09:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Judge Sam R Cummings. See Order for further specifics. (Ordered by Judge Sam R Cummings on 1/4/2011) (lkw) (Entered: 01/04/2011) | 2015-08-18 02:19:14 | 91f5e04d04313a861638e077dc5222afd0b05a4f |
2011-02-15 | 41 | 0 | Designation of Experts | Designation of Experts by James A. D'Cruz, National Rifle Association of America, Inc.. (Bustos, Fernando) (Entered: 02/15/2011) | 2011-02-16 09:36:24 | 25c74a37f86b40da5a292d8db9b1d4b73edbfdf8 |
2011-02-24 | 42 | 0 | Motion to Withdraw as Attorney | MOTION to Withdraw as Attorney filed by James A. D'Cruz, National Rifle Association of America, Inc. (Panuccio, Jesse) (Entered: 02/24/2011) | ||
2011-02-25 | 43 | 0 | Order on Motion to Withdraw as Attorney | ORDER granting 42 Motion to Withdraw as Attorney. Attorney Jesse Panuccio terminated. (Ordered by Judge Sam R Cummings on 2/25/2011) (bdg) (Entered: 02/25/2011) | ||
2011-03-28 | 44 | 0 | Motion to Amend/Correct | Plaintiffs' Motion to Amend the Complaint, Plaintiff James D'Cruz's Motion to Withdraw as Party Plaintiff, and Non-Parties Rebekah Jennings', Brennan Harmon's, and Andrew Payne's Motion to Join as Party-Plaintiffs and Brief in Support (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Proposed Order) (Cooper, Charles) Modified text on 3/29/2011 (lkw). (Entered: 03/28/2011) | 2011-03-30 17:15:28 | 2fde5889961c89d4bd54a329705bea6337bbc5bf |
44 | 1 | Exhibit(s) A | 2011-03-31 08:12:16 | 365eff72f6e42059a977b32b3d01c797e63050e4 | ||
44 | 2 | Exhibit(s) B | 2015-08-18 02:19:18 | 4961979236f0b0acea32892bf437de3caa879f06 | ||
44 | 3 | Proposed Order | ||||
2011-04-18 | 45 | 0 | Response/Objection | RESPONSE filed by Steven C McCraw re: 44 MOTION to Amend/Correct the Complaint (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Proposed Order) (Harris, Drew) (Entered: 04/18/2011) | 2011-04-29 15:33:15 | 02cf772b0967ae4703c2a6549401f6c21847ee08 |
45 | 1 | Exhibit(s) A | 2015-08-18 02:19:22 | 21bc8fb2d387b9d6380c1e93ee29278dfb531c50 | ||
45 | 2 | Exhibit(s) B | 2015-08-18 02:19:25 | ca5181b6043d795301b81bd6f22ac84ba603067c | ||
45 | 3 | Proposed Order | ||||
2011-04-21 | 46 | 0 | Motion for Leave to File | MOTION for Leave to File Reply Brief In Support of Plaintiffs' Motion to Add Parties as Party-Plaintiffs filed by James A. D'Cruz, National Rifle Association of America, Inc. (Attachments: # 1 Exhibit(s) A - Reply Brief In Support of Plaintiffs' Motion to Add Parties as Party-Plaintiffs, # 2 Exhibit(s) B - Appendix to Reply Brief) (Cooper, Charles) (Entered: 04/21/2011) | ||
2011-04-25 | 47 | 0 | Order on Motion for Leave to File | ORDER granting 46 Motion for Leave to File Reply Brief in Support of Plaintiffs' Motion to Add Parties as Party-Plaintiffs, and the Court is of the opinion that the motion should be GRANTED. It is therefore ORDERED that Plaintiffs shall file their Reply Brief in Support of Plaintiffs' Motion to Add Parties as Party-Plaintiffs within three (3) days of the date of this order. (Ordered by Judge Sam R Cummings on 4/25/2011) (lkw) (Entered: 04/25/2011) | ||
2011-04-26 | 48 | 0 | Reply | REPLY filed by James A. D'Cruz, National Rifle Association of America, Inc. re: 44 MOTION to Amend/Correct the Complaint (Cooper, Charles) (Entered: 04/26/2011) | 2011-04-29 15:39:20 | a9c3c88e03eda57e2036602ed4489551fa57d1a7 |
2011-04-26 | 49 | 0 | Appendix in Support | Appendix in Support filed by James A. D'Cruz, National Rifle Association of America, Inc. re 48 Reply in Support of Motion to Amend/Correct the Complaint (Cooper, Charles) (Entered: 04/26/2011) | ||
2011-04-29 | 50 | 0 | Application for Admission Pro Hac Vice | Application for Admission Pro Hac Vice with Cert. of Good Standing for Attorney Brian S. Koukoutchos (Filing fee $25; Receipt number 0539-3859102) filed by James A. D'Cruz, National Rifle Association of America, Inc. (Koukoutchos, Brian) (Entered: 04/29/2011) | ||
2011-05-02 | 51 | 0 | Order on Application for Admission Pro Hac Vice | ORDER granting 50 Application for Admission Pro Hac Vice of Brian S. Koukoutchos. Clerk shall deposit application fee to the Non-Appropriated Fund of this Court. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Sam R Cummings on 5/2/2011) (lkw) (Entered: 05/02/2011) | ||
2011-05-16 | 52 | 0 | Motion for Summary Judgment | MOTION for Summary Judgment filed by National Rifle Association of America, Inc. (Cooper, Charles) (Entered: 05/16/2011) | ||
2011-05-16 | 53 | 0 | Brief/Memorandum in Support of Motion | Brief/Memorandum in Support filed by National Rifle Association of America, Inc. re 52 MOTION for Summary Judgment (Cooper, Charles) (Entered: 05/16/2011) | 2011-05-17 16:39:52 | 3daccdbb2145b5b030f6b7bbc5a96c1289eaa14a |
2011-05-16 | 54 | 0 | Appendix in Support | Appendix in Support filed by National Rifle Association of America, Inc. re 53 Brief/Memorandum in Support of Motion for Summary Judgment (Cooper, Charles) (Entered: 05/16/2011) | ||
2011-05-16 | 55 | 0 | Motion To Extend Time | Unopposed MOTION to Extend Time Time to File Motion for Summary Judgment by Two Hours filed by Steven C McCraw (Attachments: # 1 Proposed Order Granting Unopposed Motion to Extend Time to File Motion for Summary Judgment by Two Hours) (Harris, Drew) (Entered: 05/16/2011) | ||
2011-05-16 | 56 | 0 | Motion for Summary Judgment | MOTION for Summary Judgment filed by Steven C McCraw with Brief/Memorandum in Support. (Attachments: # 1 Additional Page(s) Brief in Support of MSJ, # 2 Additional Page(s) Appendix to Brief in Support of MSJ, # 3 Additional Page(s) Appearance of Counsel) (Mitchell, Jonathan) (Entered: 05/16/2011) | ||
56 | 1 | 2011-05-17 16:45:29 | dbd918f3f883025680b9edc41fa3688191ce477a | |||
56 | 2 | |||||
56 | 3 | |||||
2011-05-16 | 57 | 0 | Motion for Leave to File | Consent MOTION for Leave to File Amicus Brief of Amici Curiae Brady Center to Prevent Gun Violence, Graduate Student Assembly and Student Government of the University of Texas at Austin, Mothers Against Teen Violence, Students for Gun-Free Schools in Texas, and Texas Chapters of the Brady Campaign to Prevent Gun Violence in Support of Defendants filed by Brady Center to Prevent Gun Violence with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) A, # 2 Proposed Order) (Medlock, Scott) (Entered: 05/16/2011) | ||
2011-05-17 | 58 | 0 | Order on Motion to Extend Time | ORDER granting 55 Motion to Extend Time to File Motion for Summary Judgment by Two Hours. It is ORDERED that the deadline for Defendant to file his Motion for Summary Judgment is extended to 5:00 p.m. on May 16, 2011. (Ordered by Judge Sam R Cummings on 5/17/2011) (lkw) (Entered: 05/17/2011) | ||
2011-05-17 | 59 | 0 | Order on Motion for Leave to File | ORDER granting 57 Motion for Leave to File Consent Motion of Amici Curiae Brady Center to Prevent Gun Violence, Graduate Student Assembly and Student Government of the University of Texas at Austin, Mothers Against Teen Violence, Students for Gun-Free Schools in Texas, and Texas Chapters of the Brady Campaign to Prevent Gun Violence to File an Amicus Brief in Support of Defendants. Amici shall have three (3) days to file their Brief (attached as Exhibit A) to the Consent Motion. (Ordered by Judge Sam R Cummings on 5/17/2011) (lkw) (Entered: 05/17/2011) | ||
2011-05-18 | 60 | 0 | Brief/Memorandum in Support of Motion | Brief in Support filed by Brady Center to Prevent Gun Violence. Re: 59 Order on Motion for Leave to File, Brief of Amici Curiae Brady Center to Prevent Gun Violence, Graduate Student Assembly and Student Government of the University of Texas at Austin, Mothers Against Teen Violence, Students for Gun-Free Schools in Texas, and Texas Chapters of the Brady Campaign to Prevent Gun Violence in Support of Defendants (Medlock, Scott) Modified Text on 5/19/2011 (lkw). (Entered: 05/18/2011) | ||
2011-06-06 | 61 | 0 | Response/Objection | ***REDOCKETED AS #62*** RESPONSE filed by Steven C McCraw re: 52 MOTION for Summary Judgment (Mitchell, Jonathan) Modified on 6/6/2011 (cb). (Entered: 06/06/2011) | ||
2011-06-06 | 62 | 0 | Response/Objection | RESPONSE filed by Steven C McCraw re: 52 MOTION for Summary Judgment (Mitchell, Jonathan) (Entered: 06/06/2011) | 2011-06-15 17:01:07 | 28cac3b23f07199b6275f03665d045a7770e1636 |
2011-06-06 | 63 | 0 | Response/Objection | RESPONSE filed by National Rifle Association of America, Inc. re: 56 MOTION for Summary Judgment (Cooper, Charles) (Entered: 06/06/2011) | 2011-06-15 17:01:38 | ba0acb249646c86d7a88687c726686ef4faa4878 |
2011-06-06 | 64 | 0 | Brief/Memorandum in Support of Motion | Brief/Memorandum in Support filed by National Rifle Association of America, Inc. re 63 Response/Objection (Cooper, Charles) (Entered: 06/06/2011) | 2011-06-15 17:03:21 | 2fea5f425daa8d9ada609b0629416f23cc2ef314 |
2011-07-06 | 65 | 0 | Order on Motion to Amend/Correct | ORDER: The Court GRANTS Plaintiffs' 44 Motion to Amend Complaint; GRANTS Plaintiff James D'Cruz's Motion to Withdraw As Party Plaintiff; GRANTS Non-Parties Rebekah Jennings', Brennan Harmon's, and Andrew Payne's Motion to Join As Party-Plaintiffs; and GRANTS IN PART Defendant's request that the discovery period be extended by 20 days from the date of this Order. (Ordered by Judge Sam R Cummings on 7/6/2011) (bdg) (Entered: 07/06/2011) | 2011-08-07 14:03:40 | cdbc602cd0b50fe70c0aeaef8bf4eb8d46fb6e7e |
2011-07-11 | 66 | 0 | Amended Complaint | Second AMENDED COMPLAINT For Declaratory Judgment and Injunctive Relief against All Defendants filed by National Rifle Association of America, Inc., Andrew Payne, Brennan Harmon, Rebekah Jennings. (Cooper, Charles) Modified text on 7/11/2011 (bdg). (Entered: 07/11/2011) | 2011-08-07 14:04:23 | 29ba77273f4ecaf357b03d3e501938151af2d9fb |
2011-07-11 | 67 | 0 | Cert. Of Interested Persons/Disclosure Statement | CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Brennan Harmon, Rebekah Jennings, National Rifle Association of America, Inc., Andrew Payne. (Cooper, Charles) (Entered: 07/11/2011) | ||
2011-07-14 | 68 | 0 | Motion to Continue | Consent MOTION to Continue filed by Brennan Harmon, Rebekah Jennings, National Rifle Association of America, Inc., Andrew Payne (Attachments: # 1 Proposed Order) (Cooper, Charles) Modified text on 7/15/2011 (lkw). (Entered: 07/14/2011) | 2011-08-07 14:08:00 | 567542683cffa8b796c0c03d3fa17ec1faeeb9e9 |
68 | 1 | 2011-08-07 14:10:22 | e77e601af942df6e6e4d814c1ef28325cefc478d | |||
2011-07-15 | 69 | 0 | Order on Motion to Continue | ORDER granting 68 Motion to Continue. The Court having considered Plaintiffs' Consent Motion for a Continuance, filed July 14, 2011, is of the opinion that the same should be GRANTED to the extent that trial is continued to November 7, 2011. All other relief requested is DENIED. Bench Trial set for 11/7/2011 09:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Judge Sam R Cummings. (Ordered by Judge Sam R Cummings on 7/15/2011) (lkw) (Entered: 07/15/2011) | 2011-08-07 14:11:34 | bb464092da857ead13be5ee300b281c9a76fd751 |
2011-07-15 | 70 | 0 | Scheduling Order | PRETRIAL NOTICE AND ORDER: Bench Trial set for 11/7/2011 09:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Judge Sam R Cummings. (Ordered by Judge Sam R Cummings on 7/15/2011) (lkw) (Entered: 07/15/2011) | 2011-08-07 14:12:00 | 0cd73c497c166efe4db0908715cdf574fdd68079 |
2011-07-26 | 71 | 0 | Answer to Amended Complaint | Defendant's ANSWER to 66 Amended Complaint filed by Steven C McCraw Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. (Harris, Drew) (Entered: 07/26/2011) | 2011-08-07 14:15:15 | 874ea9ad1ea0ef4625229473ca97dcac00a66ee6 |
2011-10-06 | 72 | 0 | Motion to Stay | Agreed MOTION to Stay re 70 Scheduling Order Pre-Trial Deadlines filed by Brennan Harmon, Rebekah Jennings, Steven C McCraw, National Rifle Association of America, Inc., Andrew Payne with Brief/Memorandum in Support. (Bustos, Fernando) (Entered: 10/06/2011) | 2011-10-23 03:41:51 | 14ba412ba576c2bd3f0ae4d59e8d53af69909d95 |
2011-10-06 | 73 | 0 | Order on Motion to Stay | ORDER granting 72 Motion to Stay Pretrial Deadlines. It is further ORDERED that the pre-trial deadlines are stayed pending further order of this court. (Ordered by Judge Sam R Cummings on 10/6/2011) (lkw) (Entered: 10/06/2011) | 2011-10-23 03:41:36 | 748ede2dd97bb2c4a42386810319cb9a5492814c |
2011-10-19 | 74 | 0 | Scheduling Order | PRETRIAL NOTICE AND ORDER: Bench Trial set for 2/6/2012 09:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Judge Sam R Cummings. (Ordered by Judge Sam R Cummings on 10/19/2011) (bdg) (Entered: 10/19/2011) | 2011-10-23 03:41:17 | 596d408646cf3930646055c43ecfa2752f6e635a |
2011-10-19 | 75 | 0 | Order Setting Deadline/Hearing | ORDER: The trial scheduled for November 7, 2011, is continued to 2/6/2012 09:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Judge Sam R Cummings, in accordance with the Court's Pretrial Notice and Order of even date. (Ordered by Judge Sam R Cummings on 10/19/2011) (bdg) (Entered: 10/19/2011) | 2011-10-23 03:41:01 | afee3dd7992e56301fc319d6373263b891432b71 |
2011-10-20 | 76 | 0 | Order | ORDER: The parties are ordered to file additional briefing within 30 days of the date of this order addressing the applicability of Eleventh Amendment immunity with regard to Plaintiffs' challenge to Texas Penal Code ยง 46.02, if any, as well as the applicability of the Ex parte Young exception, if any. (Ordered by Judge Sam R Cummings on 10/20/2011) (lkw) (Entered: 10/20/2011) | 2011-10-23 03:42:29 | 99d9aa25095d556a6a2f04419e01202604678619 |
2011-11-21 | 77 | 0 | Supplemental Document | Supplemental Document by Steven C McCraw as to 76 Order, Additional Briefing on Penal Code Challenge. (Harris, Drew) (Entered: 11/21/2011) | 2011-12-01 17:49:54 | 4ac6f2b70b19aab99f625953919053fd5f76db6f |
2011-11-21 | 78 | 0 | Brief/Memorandum in Support of Motion | Brief/Memorandum in Support filed by Brennan Harmon, Rebekah Jennings, National Rifle Association of America, Inc., Andrew Payne re 76 Order, (Bustos, Fernando) (Entered: 11/21/2011) | 2011-12-01 17:51:22 | bac74923edf69f81869176ab41c707ad3d8c75f8 |
2011-11-21 | 79 | 0 | Appendix in Support | Appendix in Support filed by Brennan Harmon, Rebekah Jennings, National Rifle Association of America, Inc., Andrew Payne re 78 Brief/Memorandum in Support of Motion on Ex Parte Young and the 11th Amendment (Bustos, Fernando) (Entered: 11/21/2011) | ||
2012-01-05 | 80 | 0 | Motion to Stay | Agreed MOTION to Stay Pre-Trial Deadlines filed by Brennan Harmon, Rebekah Jennings, Steven C McCraw, National Rifle Association of America, Inc., Andrew Payne (Attachments: # 1 Proposed Order) (Cooper, Charles) (Entered: 01/05/2012) | 2012-01-17 23:03:39 | 156510c79b4a293a74e98968397882db0701b673 |
80 | 1 | Proposed Order | ||||
2012-01-06 | 81 | 0 | Order on Motion to Stay | ORDER granting 80 Motion to Stay Pretrial Deadlines. (Ordered by Judge Sam R Cummings on 1/6/2012) (bdg) (Entered: 01/06/2012) | ||
2012-01-19 | 82 | 0 | Order on Motion for Summary Judgment | ORDER denying Plaintiff's 52 Motion for Summary Judgment. Granting Defendants' 56 Motion for Summary Judgment. Accordingly, with regard to the Equal Protection issues, Defendants' Motion for Summary Judgment is GRANTED and Plaintiffs Motion for Summary Judgment is DENIED. (Ordered by Judge Sam R Cummings on 1/19/2012) (bdg) (Entered: 01/19/2012) | 2012-01-20 21:30:41 | c98386a807625e8b88dd8f5e3de18f81ff66da93 |
2012-01-19 | 83 | 0 | Judgment | JUDGMENT: For the reasons stated in the Court's order of even date, IT IS ORDERED, ADJUDGED, AND DECREED that Plaintiffs, Rebekah Jennings, Brennan Harmon, Andrew Payne, and National Rifle Association of America, Inc., take nothing as against Defendant, Steven McCraw, in his Official Capacity as Director of the Texas Department of Public Safety. Costs of court are taxed against Plaintiffs. (Ordered by Judge Sam R Cummings on 1/19/2012) (bdg) (Entered: 01/19/2012) | ||
2012-01-23 | 84 | 0 | NOTICE OF APPEAL to the Fifth Circuit as to 83 Judgment, by Brennan Harmon, Rebekah Jennings, National Rifle Association of America, Inc., Andrew Payne. Filing fee $455, receipt number 0539-4354814. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. Copy of NOA to be sent US Mail to parties not electronically noticed. (Cooper, Charles) (Entered: 01/23/2012) | 2012-10-23 05:18:20 | d71932b857e3a98b53e5c2a3f61a0330918a129c | |
2012-01-30 | 85 | 0 | Transcript Order Form: re 84 Notice of Appeal,, transcript not requested. (Cooper, Charles) (Entered: 01/30/2012) | |||
2013-07-16 | 86 | 0 | JUDGMENT/MANDATE of USCA as to 84 Notice of Appeal,, filed by Brennan Harmon, Andrew Payne, Rebekah Jennings, National Rifle Association of America, Inc.. It is ordered and adjudged that the judgment of the District Court is affirmed in part, reversed in part, rendered and the cause is remanded to the District Court for further proceedings in accordance with the opinion of this Court. Issued as Mandate: 07/05/2013. (lkw) (Entered: 07/16/2013) | |||
2013-07-16 | 87 | 0 | Opinion of USCA (certified copy) in accordance with USCA judgment re 86 USCA Judgment/Mandate. Remanded to District Court. (lkw) (Entered: 07/16/2013) | |||
2013-07-16 | 88 | 0 | Appeal Record Returned: The electronic copy of the record has been recycled by USCA 5th Circuit. (lkw) (Entered: 07/16/2013) | |||
2013-07-18 | 89 | 0 | ORDER: By mandate issued July 5, 2013, the above-styled and -numbered cause was remanded for the limited purpose of dismissing the claims of Plaintiffs Rebekah Jennings and Brennan Harmon, who are now 21 years of age, as moot. IT IS, THEREFORE, ORDERED that the claims of Plaintiffs Rebekah Jennings and Brennan Harmon are DISMISSED as moot. (Ordered by Judge Sam R Cummings on 7/18/2013) (lkw) (Entered: 07/18/2013) | |||
2014-03-10 | 90 | 0 | Received letter from USCA 5th Circuit with enclosed courtesy copy of the Supreme Court Order denying certiorari. (lkw) (Entered: 03/10/2014) |