Case details

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

Parties

Represented Party Attorney & Contact Info
James A. D'Cruz
Plaintiff
TERMINATED: 07/06/2011
Charles J Cooper
Cooper and Kirk PLLC 1523 New Hampshire Ave NW Washington, DC 20036 202/220-9660 Fax: 202/220-9601 Email: ccooper@cooperkirk.com
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Brian S Koukoutchos
Law Office of Brian S Koukoutchos 28 Eagle Trace Mandeville, LA 70471 985/626-5052 Email: bkoukoutchos@gmail.com
PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted

David H Thompson
Cooper & Kirk PLLC 1523 New Hampshire Ave NW Washington, DC 20009 202/220-9600 Fax: 202/220-9601 Email: dthompson@cooperkirk.com
PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Fernando M Bustos
BUSTOS LAW FIRM, P.C. P.O. Box 1980 Lubbock, TX 79408-1980 806/780-3976 Fax: 806/780-3800 Email: fbustos@bustoslawfirm.com
ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Jesse Panuccio
Cooper and Kirk PLLC 1523 New Hampshire Ave NW Washington, DC 20036 202/220-9642 Fax: 202/220-9601 Email: jpanuccio@cooperkirk.com
TERMINATED: 02/25/2011 PRO HAC VICE Bar Status: Not Admitted

Peter A Patterson
Cooper & Kirk PLLC 1523 New Hampshire Ave NW Washington, DC 20036 202/220-9600 Fax: 202/220-9601 Email: ppatterson@cooperkirk.com
PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Steven C McCraw
Defendant
in his official capacity as Director of the Texas Department of Public Safety
Drew L Harris
Office of the Texas Attorney General - Gen Lit Div 300 West 15th St 11th Floor Austin, TX 78701 512/463-2120 Fax: 512/320-0667 Email: drew.harris@texasattorneygeneral.gov
LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Government Attorney

Jonathan F. Mitchell
Office of the Texas Attorney General 209 West 14th St 7th Floor MC-059 Austin, TX 78701 512/936-1695 Fax: 512/474-1635 Email: jonathan.mitchell@texasattorneygeneral.gov
LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Allan B Polunsky
Defendant
in his official capacity as Chairman of the Texas Public Safety Commission TERMINATED: 12/03/2010
Drew L Harris
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Government Attorney

Carin M Barth
Defendant
in her official capacity as a Member of the Texas Public Safety Commission TERMINATED: 12/03/2010
Drew L Harris
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Government Attorney

Ada Brown
Defendant
in her official capacity as a Member of the Texas Public Safety Commission TERMINATED: 12/03/2010
Drew L Harris
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Government Attorney

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
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Government Attorney

C. Tom Clowe, Jr.
Defendant
TERMINATED: 12/03/2010
Drew L Harris
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Government Attorney

National Rifle Association of America, Inc.
Plaintiff
Brian S Koukoutchos
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Charles J Cooper
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Fernando M Bustos
(See above for address)
ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Jesse Panuccio
(See above for address)
TERMINATED: 02/25/2011 Bar Status: Not Admitted

Peter A Patterson
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Brady Center to Prevent Gun Violence
Amicus
Scott Medlock
Texas Civil Rights Project 1405 Montopolis Dr Austin, TX 78741-3438 512/474-5073 Fax: 512/474-0726 Email: scott@texascivilrightsproject.org
ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Rebekah Jennings
Plaintiff
Charles J Cooper
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Not Admitted

David H Thompson
(See above for address)
ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Fernando M Bustos
(See above for address)
ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Peter A Patterson
(See above for address)
ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Brennan Harmon
Plaintiff
Charles J Cooper
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Not Admitted

David H Thompson
(See above for address)
ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Fernando M Bustos
(See above for address)
ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Peter A Patterson
(See above for address)
ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Andrew Payne
Plaintiff
Charles J Cooper
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Not Admitted

David H Thompson
(See above for address)
ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Fernando M Bustos
(See above for address)
ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Peter A Patterson
(See above for address)
ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Steven McCraw
Defendant
in his official capacity as Director of the Texas Department of Public Safety
Drew L Harris
Office of the Texas Attorney General - Gen Lit Div 300 West 15th St 11th Floor Austin, TX 78701 512/463-2120 Fax: 512/320-0667 Email: drew.harris@texasattorneygeneral.gov
LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Government Attorney

Jonathan F. Mitchell
Office of the Texas Attorney General 209 West 14th St 7th Floor MC-059 Austin, TX 78701 512/936-1695 Fax: 512/474-1635 Email: jonathan.mitchell@texasattorneygeneral.gov
LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Documents

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)