U.S. District Court
District of New Jersey [LIVE] (Trenton)
CIVIL DOCKET FOR CASE #: 3:18-cv-10507
| ASSOCIATION OF NEW JERSEY RIFLE & PISTOL CLUBS, INC. et al v. GREWAL et al Assigned to: Judge Peter G. Sheridan Referred to: Magistrate Judge Lois H. Goodman Cause: 28:2201 Constitutionality of State Statute(s) |
Date Filed: 06/13/2018 Jury Demand: None Nature of Suit: 950 Constitutional – State Statute Jurisdiction: Federal Question |
| Plaintiff | ||
| ASSOCIATION OF NEW JERSEY RIFLE & PISTOL CLUBS, INC. | represented by | DANIEL L. SCHMUTTER Hartman & Winnicki, P.C. 74 Passaic Street Ridgewood, NJ 07450 201-967-8040 Fax: 201-967-0590 Email: dschmutter@hartmanwinnicki.com ATTORNEY TO BE NOTICED |
| Plaintiff | ||
| BLAKE ELLMAN | represented by | DANIEL L. SCHMUTTER (See above for address) ATTORNEY TO BE NOTICED |
| Plaintiff | ||
| ALEXANDER DEMBOWSKI | represented by | DANIEL L. SCHMUTTER (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| GURBIR GREWAL in his official capacity as Attorney General of New Jersey |
represented by | BRYAN EDWARD LUCAS STATE OF NEW JERSEY OFFICE OF THE ATTORNEY GENERAL R. J. HUGHES JUSTICE COMPLEX 25 MARKET STREET TRENTON, NJ 08625 609-292-8565 Fax: 609-633-8702 Email: bryan.lucas@dol.lps.state.nj.us LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| PATRICK J. CALLAHAN in his official capacity as Superintendent of the New Jersey Division of State Police |
represented by | BRYAN EDWARD LUCAS (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| THOMAS WILLIVER in his official capacity as Chief of Police of the Chester Police Department |
represented by | JOHN H SUMINSKI MCELROY, DEUTSCH, MULVANEY AND CARPENTER, LLP 1300 MOUNT KEMBLE AVENUE MORRISTOWN, NJ 07962-2075 (973) 993-8100 Email: jsuminski@mdmc-law.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDGEORGE C. JONES MCELROY, DEUTSCH, MULVANEY & CARPENTER, LLP 1300 MOUNT KEMBLE AVENUE PO BOX 2075 MORRISTOWN, NJ 07962-2075 (973) 993-8100 Fax: (973) 425-0161 Email: gjones@mdmc-law.com ATTORNEY TO BE NOTICED |
| Defendant | ||
| JAMES B. O’CONNOR in his official capacity as Chief of Police of the Lyndhurst Police Department |
represented by | CARMINE RICHARD ALAMPI ALAMPI & DEMARRAIS ONE UNIVERSITY PLAZA SUITE 404 HACKENSACK, NJ 07601 201-343-4600 Email: calampi@alampi-law.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDJENNIFER ALAMPI ALAMPI & DEMARRAIS ONE UNIVERSITY PLAZA SUITE 404 HACKENSACK, NJ 07601 201-343-4600 Email: jalampi@alampi-law.com |
| Date Filed | # | Docket Text |
|---|---|---|
| 06/13/2018 | 1 | COMPLAINT against PATRICK J. CALLAHAN, GURBIR GREWAL, JAMES B. O’CONNOR, THOMAS WILLIVER ( Filing and Admin fee $ 400 receipt number 0312-8808429), filed by ASSOCIATION OF NEW JERSEY RIFLE & PISTOL CLUBS, INC., ALEXANDER DEMBOWSKI, BLAKE ELLMAN. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Civil Cover Sheet Attachment 1, # 3 Exhibit Civil Cover Sheet Attachment 2)(SCHMUTTER, DANIEL) (Entered: 06/13/2018) |
| 06/13/2018 | 2 | Corporate Disclosure Statement by ASSOCIATION OF NEW JERSEY RIFLE & PISTOL CLUBS, INC.. (SCHMUTTER, DANIEL) (Entered: 06/13/2018) |
| 06/13/2018 | Judge Peter G. Sheridan and Magistrate Judge Lois H. Goodman added. (jem) (Entered: 06/13/2018) | |
| 06/13/2018 | 3 | SUMMONS ISSUED as to PATRICK J. CALLAHAN, GURBIR GREWAL, JAMES B. O’CONNOR, THOMAS WILLIVER Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By *John Moller* (jem) (Entered: 06/13/2018) |
| 06/20/2018 | 4 | NOTICE of Appearance by BRYAN EDWARD LUCAS on behalf of PATRICK J. CALLAHAN, GURBIR GREWAL (LUCAS, BRYAN) (Entered: 06/20/2018) |
| 06/20/2018 | 5 | Application and Proposed Order for Clerk’s Order to extend time to answer as to Defendants Gurbir Grewal and Patrick J. Callahan.. (LUCAS, BRYAN) (Entered: 06/20/2018) |
| 06/20/2018 | 6 | AMENDED DOCUMENT by PATRICK J. CALLAHAN, GURBIR GREWAL. Amendment to 5 Application for Clerk’s Order to Ext Answer/Proposed Order . (LUCAS, BRYAN) (Entered: 06/20/2018) |
| 06/20/2018 | Clerk`s Text Order – The document 6 Amended Application for Clerk’s Order to Ext Answer/Proposed Order submitted by GURBIR GREWAL, PATRICK J. CALLAHAN has been GRANTED. The answer due date has been set for 7/19/2018. (mmh) (Entered: 06/20/2018) | |
| 06/21/2018 | 7 | MOTION for Preliminary Injunction by ASSOCIATION OF NEW JERSEY RIFLE & PISTOL CLUBS, INC., ALEXANDER DEMBOWSKI, BLAKE ELLMAN. (SCHMUTTER, DANIEL) (Entered: 06/21/2018) |
| 06/21/2018 | 8 | DECLARATION re 7 MOTION for Preliminary Injunction Declaration of Blake Ellman by ASSOCIATION OF NEW JERSEY RIFLE & PISTOL CLUBS, INC., ALEXANDER DEMBOWSKI, BLAKE ELLMAN. (SCHMUTTER, DANIEL) (Entered: 06/21/2018) |
| 06/21/2018 | 9 | DECLARATION re 7 MOTION for Preliminary Injunction Declaration of Alexander Dembowski by ASSOCIATION OF NEW JERSEY RIFLE & PISTOL CLUBS, INC., ALEXANDER DEMBOWSKI, BLAKE ELLMAN. (SCHMUTTER, DANIEL) (Entered: 06/21/2018) |
| 06/21/2018 | 10 | DECLARATION of SCOTT L. BACH re 7 MOTION for Preliminary Injunction by ASSOCIATION OF NEW JERSEY RIFLE & PISTOL CLUBS, INC., ALEXANDER DEMBOWSKI, BLAKE ELLMAN. (SCHMUTTER, DANIEL) (Entered: 06/21/2018) |
| 06/21/2018 | 11 | DECLARATION of GARY KLECK re 7 MOTION for Preliminary Injunction by ASSOCIATION OF NEW JERSEY RIFLE & PISTOL CLUBS, INC., ALEXANDER DEMBOWSKI, BLAKE ELLMAN. (SCHMUTTER, DANIEL) (Entered: 06/21/2018) |
| 06/21/2018 | 12 | DECLARATION of JAMES CURCURUTO re 7 MOTION for Preliminary Injunction by ASSOCIATION OF NEW JERSEY RIFLE & PISTOL CLUBS, INC., ALEXANDER DEMBOWSKI, BLAKE ELLMAN. (Attachments: # 1 Exhibit A – Magazine Chart)(SCHMUTTER, DANIEL) (Entered: 06/21/2018) |
| 06/21/2018 | 13 | DECLARATION of DANIEL L. SCHMUTTER re 7 MOTION for Preliminary Injunction by ASSOCIATION OF NEW JERSEY RIFLE & PISTOL CLUBS, INC., ALEXANDER DEMBOWSKI, BLAKE ELLMAN. (Attachments: # 1 Exhibit A – Gun Digest 2018 Excerpts, # 2 Exhibit B – Massad Ayoob, The Complete Handbook of Guns – Excerpt)(SCHMUTTER, DANIEL) (Entered: 06/21/2018) |
| 06/21/2018 | 14 | MOTION for Preliminary Injunction BRIEF by ASSOCIATION OF NEW JERSEY RIFLE & PISTOL CLUBS, INC., ALEXANDER DEMBOWSKI, BLAKE ELLMAN. (SCHMUTTER, DANIEL) (Entered: 06/21/2018) |
| 06/21/2018 | 15 | MOTION for Preliminary Injunction PROPOSED ORDER by ASSOCIATION OF NEW JERSEY RIFLE & PISTOL CLUBS, INC., ALEXANDER DEMBOWSKI, BLAKE ELLMAN. (SCHMUTTER, DANIEL) (Entered: 06/21/2018) |
| 06/21/2018 | 16 | MOTION for Preliminary Injunction CERTIFICATION OF SERVICE by ASSOCIATION OF NEW JERSEY RIFLE & PISTOL CLUBS, INC., ALEXANDER DEMBOWSKI, BLAKE ELLMAN. (SCHMUTTER, DANIEL) (Entered: 06/21/2018) |
| 06/22/2018 | CLERK’S QUALITY CONTROL MESSAGE – This message is in reference to docket entries 8 – 16 filed by Daniel Schmutter on 6/21/2018. Docket entries 14 , 15 and 16 were submitted incorrectly as Motions. Please be advised, for future reference, that all of these documents should have been filed as attachments to the 7 Notice of Motion for Preliminary Injunction and not as separate docket entries. The deadlines created by the incorrect motion filings have been terminated. This submission will remain on the docket unless otherwise ordered by the court. (mmh) (Entered: 06/22/2018) | |
| 06/22/2018 | ORAL ARGUMENT REQUIRED for the 7 MOTION for Preliminary Injunction. Motion set for 7/16/2018 11:00 AM in Trenton – Courtroom 4E before Judge Peter G. Sheridan. (mmh) (Entered: 06/22/2018) | |
| 06/22/2018 | 17 | MOTION for Leave to Appear Pro Hac Vice by ASSOCIATION OF NEW JERSEY RIFLE & PISTOL CLUBS, INC., ALEXANDER DEMBOWSKI, BLAKE ELLMAN. (Attachments: # 1 Certification of Daniel L. Schmutter, # 2 Text of Proposed Order)(SCHMUTTER, DANIEL) (Entered: 06/22/2018) |
| 06/25/2018 | Set Deadlines as to the 17 MOTION for Leave to Appear Pro Hac Vice . Motion set for 7/16/2018 before Magistrate Judge Lois H. Goodman. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mps) (Entered: 06/25/2018) | |
| 06/25/2018 | 18 | Letter from Defendants Requesting an Adjourment of Plaintiff’s Motion for a Preliminary Injunction. (LUCAS, BRYAN) (Entered: 06/25/2018) |
| 06/25/2018 | 19 | ORDER granting 17 Motion for Leave to Appear Pro Hac Vice as to David H. Thompson, Esq., Peter A. Patterson, Esq., J. Joel Alicea, Esq., and Haley N. Proctor, Esq. Signed by Judge Peter G. Sheridan on 6/25/2018. (mps) (Entered: 06/26/2018) |
| 06/26/2018 | 27 | Minute Entry for proceedings held before Judge Peter G. Sheridan: Telephone Conference held on 6/26/2018. (Court Reporter/Recorder Frank Gable.) (dh, ) (Entered: 07/02/2018) |
| 06/27/2018 | 20 | NOTICE of Appearance by GEORGE C. JONES on behalf of THOMAS WILLIVER (JONES, GEORGE) (Entered: 06/27/2018) |
| 06/27/2018 | 21 | NOTICE by THOMAS WILLIVER NOTICE OF APPEARANCE BY JOHN H. SUMINSKI ON BEHALF OF DEFENDANT THOMAS WILLIVER (JONES, GEORGE) (Entered: 06/27/2018) |
| 06/28/2018 | CLERK’S QUALITY CONTROL MESSAGE – Please be advised, when entering a first appearance in a case, counsel should add their name when prompted using the account of the Attorney entering the Notice of Appearance. The Clerks office has added John H. Suminski as representing Defendant THOMAS WILLIVER in this case. This submission will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only. (mps) (Entered: 06/28/2018) | |
| 06/28/2018 | 22 | SUMMONS Returned Executed by ASSOCIATION OF NEW JERSEY RIFLE & PISTOL CLUBS, INC., ALEXANDER DEMBOWSKI, BLAKE ELLMAN. GURBIR GREWAL served on 6/14/2018, answer due 7/19/2018. (GLADIS, STEVEN) (Entered: 06/28/2018) |
| 06/28/2018 | 23 | SUMMONS Returned Executed by ASSOCIATION OF NEW JERSEY RIFLE & PISTOL CLUBS, INC., ALEXANDER DEMBOWSKI, BLAKE ELLMAN. THOMAS WILLIVER served on 6/14/2018, answer due 7/5/2018. (GLADIS, STEVEN) (Entered: 06/28/2018) |
| 06/28/2018 | 24 | SUMMONS Returned Executed by ASSOCIATION OF NEW JERSEY RIFLE & PISTOL CLUBS, INC., ALEXANDER DEMBOWSKI, BLAKE ELLMAN. JAMES B. O’CONNOR served on 6/14/2018, answer due 7/5/2018. (GLADIS, STEVEN) (Entered: 06/28/2018) |
| 06/28/2018 | 25 | SUMMONS Returned Executed by ASSOCIATION OF NEW JERSEY RIFLE & PISTOL CLUBS, INC., ALEXANDER DEMBOWSKI, BLAKE ELLMAN. PATRICK J. CALLAHAN served on 6/15/2018, answer due 7/19/2018. (GLADIS, STEVEN) (Entered: 06/28/2018) |
| 06/28/2018 | 26 | Application and Proposed Order for Clerk’s Order to extend time to answer as to Defendant Thomas Williver.. (JONES, GEORGE) (Entered: 06/28/2018) |
| 06/29/2018 | Clerk`s Text Order – The document 26 Application for Clerk’s Order to Ext Answer/Proposed Order submitted by THOMAS WILLIVER has been GRANTED. The answer due date has been set for 7/19/2018. (mps) (Entered: 06/29/2018) | |
| 07/03/2018 | 28 | NOTICE of Appearance by CARMINE RICHARD ALAMPI on behalf of JAMES B. O’CONNOR (ALAMPI, CARMINE) (Entered: 07/03/2018) |
| 07/03/2018 | 29 | NOTICE of Appearance by JENNIFER ALAMPI on behalf of JAMES B. O’CONNOR (ALAMPI, JENNIFER) (Entered: 07/03/2018) |
| 07/03/2018 | 30 | Application and Proposed Order for Clerk’s Order to extend time to answer as to James B. O’Connor.. (ALAMPI, JENNIFER) (Entered: 07/03/2018) |
| 07/03/2018 | Clerk`s Text Order – The document 30 Application for Clerk’s Order to Ext Answer/Proposed Order submitted by THOMAS WILLIVER has been GRANTED. The answer due date has been set for 7/19/2018. (km) (Entered: 07/03/2018) | |
| 07/03/2018 | ORAL ARGUMENT REQUIRED for the 7 MOTION for Preliminary Injunction . Motion set for 7/12/2018 at 2:30 PM in Trenton – Courtroom 4E before Judge Peter G. Sheridan. (dh, ) (Entered: 07/03/2018) | |
| 07/05/2018 | 31 | BRIEF in Opposition filed by PATRICK J. CALLAHAN, GURBIR GREWAL re 7 MOTION for Preliminary Injunction (Attachments: # 1 Certificate of Service, # 2 Declaration of Lucy P. Allen, # 3 Declaration of John J. Donohue, # 4 Declaration of Major Geoffrey Noble, # 5 Declaration of Glenn Stanton)(LUCAS, BRYAN) (Entered: 07/05/2018) |
| 07/05/2018 | 32 | RESPONSE in Opposition filed by THOMAS WILLIVER re 7 MOTION for Preliminary Injunction (7-5-18 Letter Brief of John H. Suminski to the Hon. Peter G. Sheridan, Sr. U.S.D.J.) (JONES, GEORGE) (Entered: 07/05/2018) |
| 07/05/2018 | 33 | RESPONSE in Opposition filed by JAMES B. O’CONNOR re 7 MOTION for Preliminary Injunction (7-5-18 Letter to Hon Peter G. Sheridan, U.S.D.J.) (ALAMPI, JENNIFER) (Entered: 07/05/2018) |
| 07/06/2018 | 34 | MOTION for Leave to Appear Amicus Curiae in Support of Defendants by Everytown for Gun Safety. (Attachments: # 1 Certification Certification of Lawrence S. Lustberg, # 2 Brief Proposed Brief of Amicus Curiae, # 3 Text of Proposed Order Proposed Order, # 4Certificate of Service Certification of Service)(LUSTBERG, LAWRENCE) (Entered: 07/06/2018) |
| 07/06/2018 | 35 | NOTICE of Appearance by TIMOTHY MICHAEL HAGGERTY on behalf of Giffords Law Center to Prevent Gun Violence (HAGGERTY, TIMOTHY) (Entered: 07/06/2018) |
| 07/06/2018 | 36 | MOTION for Leave to Appear Amicus Curiae by Giffords Law Center to Prevent Gun Violence. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum of Law in Support of Unopposed Motion for Leave to File Amicus Curiae, # 3 (Proposed) Amicus Curiae Brief of Giffords Law Center to Prevent Gun Violence, # 4 Certificate of Service)(HAGGERTY, TIMOTHY) (Entered: 07/06/2018) |
| 07/06/2018 | 37 | NOTICE of Appearance by LAWRENCE S. LUSTBERG on behalf of Everytown for Gun Safety (LUSTBERG, LAWRENCE) (Entered: 07/06/2018) |
| 07/06/2018 | ORAL ARGUMENT REQUIRED for the 34 MOTION for Leave to Appear Amicus Curiae in Support of Defendants, 36 MOTION for Leave to Appear Amicus Curiae . Motion set for 8/6/2018 11:00 AM in Trenton – Courtroom 4E before Judge Peter G. Sheridan. (mps) (Entered: 07/06/2018) | |
| 07/06/2018 | Pro Hac Vice fee of $600 received as to David H. Thompson, Esq., Peter A. Patterson, Esq., J. Joel Alicea, Esq., and Haley N. Proctor, Esq., receipt number TRE093233 (mps) (Entered: 07/06/2018) | |
| 07/06/2018 | 38 | Consent MOTION for Leave to File Excess Pages by ASSOCIATION OF NEW JERSEY RIFLE & PISTOL CLUBS, INC., ALEXANDER DEMBOWSKI, BLAKE ELLMAN. (Attachments: # 1 Declaration of Daniel L. Schmutter, # 2 Text of Proposed Order, # 3Certificate of Service)(SCHMUTTER, DANIEL) (Entered: 07/06/2018) |
| 07/09/2018 | Set Deadlines as to the 38 Consent MOTION for Leave to File Excess Pages . Motion set for 8/6/2018 before Magistrate Judge Lois H. Goodman. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mps) (Entered: 07/09/2018) | |
| 07/09/2018 | 39 | BRIEF in Support filed by ASSOCIATION OF NEW JERSEY RIFLE & PISTOL CLUBS, INC., ALEXANDER DEMBOWSKI, BLAKE ELLMAN re 7 MOTION for Preliminary Injunction REPLY BRIEF (Attachments: # 1 Declaration of Daniel L. Schmutter in Further Support, # 2 Exhibit A – Declaration of Gary Kleck (Duncan v. Becerra), # 3 Certificate of Service)(SCHMUTTER, DANIEL) (Entered: 07/09/2018) |
| 07/10/2018 | 40 | ORDER granting 38 Motion for Leave to File Excess Pages. Plaintiff may file a reply brief of up to 20 pages in length. Signed by Judge Peter G. Sheridan on 7/10/2018. (mps) (Entered: 07/10/2018) |
| 07/10/2018 | 41 | ORDER granting 34 Motion to Appear Amicus Curiae as to Everytown for Gun Safety. Signed by Magistrate Judge Lois H. Goodman on 7/10/2018. (mps) (Entered: 07/10/2018) |
| 07/10/2018 | 42 | ORDER granting 36 Motion to Appear Amicus Curiae as to Giffords Law Center to Prevent Gun Violence. Signed by Judge Peter G. Sheridan on 7/10/2018. (mps) (Entered: 07/10/2018) |
| 07/11/2018 | 43 | Notice of Request by Pro Hac Vice David H. Thompson to receive Notices of Electronic Filings. (SCHMUTTER, DANIEL) (Entered: 07/11/2018) |
| 07/11/2018 | 44 | Notice of Request by Pro Hac Vice Peter A. Patterson to receive Notices of Electronic Filings. (SCHMUTTER, DANIEL) (Entered: 07/11/2018) |
| 07/11/2018 | 45 | Notice of Request by Pro Hac Vice J. Joel Alicea to receive Notices of Electronic Filings. (SCHMUTTER, DANIEL) (Entered: 07/11/2018) |
| 07/11/2018 | 46 | Notice of Request by Pro Hac Vice Haley N. Proctor to receive Notices of Electronic Filings. (SCHMUTTER, DANIEL) (Entered: 07/11/2018) |
| 07/12/2018 | Pro Hac Vice counsel, HALEY N. PROCTOR, J. JOEL ALICEA, PETER A. PATTERSON and DAVID H. THOMPSON, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (mps) (Entered: 07/12/2018) | |
| 07/12/2018 | 48 | Minute Entry for proceedings held before Judge Peter G. Sheridan: Preliminary Injunction Hearing held on 7/12/2018. Hearing is adjourned to 8/13/2018 at 10:00 AM. Order filed. (Court Reporter/Recorder Frank Gable.) (dh, ) (Entered: 07/13/2018) |
| 07/13/2018 | 47 | ORDER that a hearing on the Preliminary Injunction will be heard on August 13, 16, and 17, 2018. Proposed findings of fact and conclusions of law are due 8/24/2018. The parties may conduct depositions of the witnesses who will testify at the hearing. The depositions must be completed prior to 8/13/2018. Signed by Judge Peter G. Sheridan on 7/13/2018. (mps) (Entered: 07/13/2018) |
| 07/17/2018 | 49 | Letter from George C. Jones to the Honorable Peter G. Sheridan, Sr. U.S.D.J.. (Attachments: # 1 Text of Proposed Order)(JONES, GEORGE) (Entered: 07/17/2018) |
| 07/17/2018 | 50 | NOTICE of Appearance by STUART MARK FEINBLATT on behalf of PATRICK J. CALLAHAN, GURBIR GREWAL (FEINBLATT, STUART) (Entered: 07/17/2018) |
| 07/17/2018 | 51 | ORDER that the time within which defendants may answer, move or otherwise respond to Plaintiffs’ Complaint is extended until after the Court has decided Plaintiff’s 7 Motion for Preliminary Injunction. Defendants shall file and serve their responses to the Complaint no later than thirty (30) days following the entry of the Court’s Order disposing of Plaintiff’s Motion for a Preliminary Injunction. Signed by Judge Peter G. Sheridan on 7/17/2018. (mps) (Entered: 07/18/2018) |
| 07/18/2018 | 52 | NOTICE of Appearance by EVAN ANDREW SHOWELL on behalf of PATRICK J. CALLAHAN, GURBIR GREWAL (SHOWELL, EVAN) (Entered: 07/18/2018) |
| 07/26/2018 | Set/Reset Hearings: Telephone Conference set for 8/7/2018 at 4:00 PM before Judge Peter G. Sheridan. (Daniel L. Schmutter, Esq will initiate the conference call to chambers at (609)989-0508). (dh, ) (Entered: 07/26/2018) | |
| 08/08/2018 | 53 | Letter from Defendants Gurbir S. Grewal and Patrick J. Callahan. (Attachments: # 1 Declaration of Glenn Stanton)(FEINBLATT, STUART) (Entered: 08/08/2018) |
| 08/08/2018 | 54 | ORDER that the proposed findings of fact and conclusions of law are due 9/4/2018 at 4:00 PM. Closing arguments will be heard on 9/6/2018 at 11:00 AM. Signed by Judge Peter G. Sheridan on 8/8/2018. (mps) (Entered: 08/08/2018) |
| 08/10/2018 | 55 | Consent MOTION To Withdraw Declaration of James Curcuruto by ASSOCIATION OF NEW JERSEY RIFLE & PISTOL CLUBS, INC., ALEXANDER DEMBOWSKI, BLAKE ELLMAN. (Attachments: # 1 Declaration of Daniel L. Schmutter, # 2 Text of Proposed Order, # 3 Certificate of Service)(SCHMUTTER, DANIEL) (Entered: 08/10/2018) |
| 08/10/2018 | Set Deadlines as to the 55 Consent MOTION To Withdraw Declaration of James Curcuruto . Motion set for 9/4/2018 before Magistrate Judge Lois H. Goodman. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mps) (Entered: 08/10/2018) | |
| 08/13/2018 | 56 | Minute Entry for proceedings held before Judge Peter G. Sheridan: Evidentiary Hearing held on 8/13/2018. Hearing adjourned to 8/16/2018 at 11:00 AM. (Court Reporter/Recorder Frank Gable.) (dh, ) (Entered: 08/15/2018) |
| 08/16/2018 | 57 | Minute Entry for proceedings held before Judge Peter G. Sheridan: Evidentiary Hearing held on 8/16/2018. Hearing adjourned 3:00 PM until 8/17/2018 at 11:00 AM. (Court Reporter/Recorder Frank Gable.) (dh, ) (Entered: 08/17/2018) |
| 08/17/2018 | 58 | ORDER granting 55 Motion To Withdraw Declaration of James Curcuruto. Mr. Curcuruto’s declaration (Docs. 12 and [12-1]) shall not be relied upon by any party for purposes of adjudicating Plaintiff’s 7 Motion for Preliminary Injunction. Signed by Judge Peter G. Sheridan on 8/17/2018. (mps) (Entered: 08/17/2018) |
| 08/17/2018 | 59 | Minute Entry for proceedings held before Judge Peter G. Sheridan: Evidentiary Hearing held on 8/17/2018. Closing remarks by telephone set for 9/6/2018 at 3:00 PM. (Court Reporter/Recorder Frank Gable.) (dh, ) (Entered: 08/17/2018) |
| 09/04/2018 | 60 | RESPONSE in Support filed by ASSOCIATION OF NEW JERSEY RIFLE & PISTOL CLUBS, INC., ALEXANDER DEMBOWSKI, BLAKE ELLMAN re 7 MOTION for Preliminary Injunction PLAINTIFFS’ POST-HEARING PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW (Attachments: # 1 Certificate of Service)(SCHMUTTER, DANIEL) (Entered: 09/04/2018) |
| 09/04/2018 | 61 | RESPONSE in Opposition filed by PATRICK J. CALLAHAN, GURBIR GREWAL re 7 MOTION for Preliminary Injunction Defendants’ Proposed Findings of Fact and Conclusions of Law(Attachments: # 1 Certificate of Service)(LUCAS, BRYAN) (Entered: 09/04/2018) |
| 09/04/2018 | 62 | Transcript of PRELIMINARY INJUNCTION HEARING – DAY 1 held on 8/13/2018, before Judge PETER G. SHERIDAN. Court Reporter Frank Gable (856-889-4761). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Court Reporter due, but not filed, by 9/25/2018. Redacted Transcript Deadline set for 10/5/2018. Release of Transcript Restriction set for 12/3/2018. (km, ) (Entered: 09/05/2018) |
| 09/04/2018 | 63 | Transcript of PRELIMINARY INJUNCTION HEARING – DAY 2 held on 8/16/2018, before Judge PETER G. SHERIDAN. Court Reporter Frank Gable (856-889-4761). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Court Reporter due, but not filed, by 9/25/2018. Redacted Transcript Deadline set for 10/5/2018. Release of Transcript Restriction set for 12/3/2018. (km) (Entered: 09/05/2018) |
| 09/04/2018 | 64 | Transcript of PRELIMINARY INJUNCTION HEARING – DAY 3 held on 8/17/2018, before Judge PETER G. SHERIDAN. Court Reporter Frank Gable (856-889-4761). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Court Reporter due, but not filed, by 9/25/2018. Redacted Transcript Deadline set for 10/5/2018. Release of Transcript Restriction set for 12/3/2018. (km) (Entered: 09/05/2018) |
| 09/06/2018 | 65 | Minute Entry for proceedings held before Judge Peter G. Sheridan: Telephone conference held. Closing remarks held. Evidentiary hearing completed on 9/6/2018. (Court Reporter/Recorder Frank Gable.) (dh, ) (Entered: 09/11/2018) |
| 09/14/2018 | 66 | Letter from Office of Attorney General counsel for Defendants Attorney General Grewal and Superintendent Callahan. (Attachments: # 1 Exhibit JAMA Research Letter, # 2 Exhibit Violence Policy Center Research Study)(SHOWELL, EVAN) (Entered: 09/14/2018) |
| 09/18/2018 | 67 | Transcript of HEARING ON PLAINTIFF’S APPLICATION FOR PRELIMINARY INJUNCTION held on 7/12/2018, before Judge Peter G. Sheridan. Court Reporter- Frank Gable (856-889-4761). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Court Reporter due, but not filed, by 10/9/2018. Redacted Transcript Deadline set for 10/19/2018. Release of Transcript Restriction set for 12/17/2018. (kas, ) (Entered: 09/18/2018) |
| 09/18/2018 | 68 | MOTION for Injunction Pending Appeal re 7 MOTION for Preliminary Injunction by ASSOCIATION OF NEW JERSEY RIFLE & PISTOL CLUBS, INC., ALEXANDER DEMBOWSKI, BLAKE ELLMAN. (Attachments: # 1 Declaration of Daniel L. Schmutter, # 2 Brief, # 3 Certificate of Service, # 4 Text of Proposed Order)(SCHMUTTER, DANIEL) (Entered: 09/18/2018) |
| 09/19/2018 | 69 | LETTER ORDER that the parties should advise of any objection to accepting this letter to consider in deliberation by 9/21/2018 at 12:00 PM. Signed by Judge Peter G. Sheridan on 9/18/2018. (mps) (Entered: 09/19/2018) |
| 09/21/2018 | 70 | Letter from Plaintiffs in Response re 69 Order, 66 Letter. (SCHMUTTER, DANIEL) (Entered: 09/21/2018) |
| 09/21/2018 | 71 | BRIEF in Opposition filed by PATRICK J. CALLAHAN, GURBIR GREWAL re 68 MOTION for Injunction Pending Appeal re 7 MOTION for Preliminary Injunction (Attachments: # 1 Certificate of Service)(LUCAS, BRYAN) (Entered: 09/21/2018) |
| 09/24/2018 | 72 | REPLY BRIEF to Opposition to Motion filed by All Plaintiffs re 68 MOTION for Injunction Pending Appeal re 7 MOTION for Preliminary Injunction (Attachments: # 1 Certificate of Service)(SCHMUTTER, DANIEL) (Entered: 09/24/2018) |
| 09/28/2018 | 73 |
MEMORANDUM AND ORDER that Plaintiff’s 7 MOTION for Preliminary Injunction is denied. Signed by Judge Peter G. Sheridan on 9/28/2018. (mps) (Entered: 09/28/2018) |
| 09/28/2018 | 74 | ORDER denying 68 Motion for Injunction Pending Appeal. Signed by Judge Peter G. Sheridan on 9/28/2018. (mps) (Entered: 09/28/2018) |
| 09/28/2018 | 75 | NOTICE OF APPEAL as to 73 Memorandum, Order, Terminate Motions by ASSOCIATION OF NEW JERSEY RIFLE & PISTOL CLUBS, INC., ALEXANDER DEMBOWSKI, BLAKE ELLMAN. Filing fee $ 505, receipt number 0312-9059309. The Clerk’s Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (Attachments: # 1 Exhibit A – Memorandum and Opinion, # 2 Certificate of Service)(SCHMUTTER, DANIEL) (Entered: 09/28/2018) |
| 10/01/2018 | 76 | USCA Case Number 18-3170 for 75 Notice of Appeal (USCA),, filed by ASSOCIATION OF NEW JERSEY RIFLE & PISTOL CLUBS, INC., BLAKE ELLMAN, ALEXANDER DEMBOWSKI. USCA Case Manager Marianne (Document Restricted – Court Only) (ca3mb, ) (Entered: 10/01/2018) |
| 01/17/2019 | 77 | MANDATE of USCA as to 75 Notice of Appeal (USCA) filed by ASSOCIATION OF NEW JERSEY RIFLE & PISTOL CLUBS, INC., BLAKE ELLMAN, ALEXANDER DEMBOWSKI (Finance notified)(Attachments: #(1) mandate letter, #(2) Opinion (Entered: 01/17/2019) |
| 01/17/2019 | Pursuant to the 77 MANDATE of the USCA, the Order of the USCA entered 9/28/2018 is AFFIRMED. (mmh) (Entered: 01/17/2019) | |
| 01/17/2019 | Pursuant to Local Rule 79.4, notice is hereby given of the Appellate ruling filed on 1/17/2019. In the event that the mandate or judgment provides for costs or directs a disposition other than an affirmance, the prevailing party shall prepare and submit an order implementing the mandate or judgment. (mmh) (Entered: 01/17/2019) | |
| 01/28/2019 | 78 | Letter from Defendants Gurbir S. Grewal and Patrick J. Callahan Enclosing Proposed Consent Order Extending Defendants’ Time to File a Responsive Pleading. (LUCAS, BRYAN) (Entered: 01/28/2019) |
| 01/29/2019 | 79 | Letter from Defendant James B. O’Connor Enclosing Proposed Consent Order Extending Time to File a Responsive Pleading. (ALAMPI, JENNIFER) (Entered: 01/29/2019) |
| 01/29/2019 | 80 | CONSENT ORDER that Defendants Gurbir S. Grewal and Patrick J. Callahan are permitted to file an answer, move, or otherwise plead with respect to the Complaint for an additional period of fourteen (14) days or by 2/14/2019. A copy of this Order shall be deemed served upon all counsel of record via CM/ECF. Signed by Magistrate Judge Lois H. Goodman on 1/29/2019. (mps) (Entered: 01/29/2019) |
| 01/30/2019 | 81 | CONSENT ORDER that Defendant, James B. O’Connor, in his official capacity as Chief of Police of the Lyndhurst Police Department, is permitted to file an answer, move or otherwise plead with respect to the Complaint for an additional period of fourteen (14) days or by 2/14/2019. A copy of this Order shall be deemed served upon all counsel of record via CM/ECF. Signed by Magistrate Judge Lois H. Goodman on 1/30/2019. (mps) (Entered: 01/30/2019) |
| 01/31/2019 | 82 | Letter from George C. Jones to the Honorable Peter G. Sheridan, U.S.S.D.J. requesting entry of a Consent Order extending time to respond to Complaint. (Attachments: # 1 Text of Proposed Order)(JONES, GEORGE) (Entered: 01/31/2019) |
| 02/01/2019 | 83 | ORDER that the time within which Defendant Thomas Williver may answer, move or otherwise respond to Plaintiff’s Complaint is extended to 2/14/2019. Signed by Magistrate Judge Lois H. Goodman on 2/1/2019. (mps) (Entered: 02/01/2019) |
| 02/13/2019 | 84 | MOTION for Summary Judgment Pursuant to Fed. R. Civ. P. 56(a) by PATRICK J. CALLAHAN, GURBIR GREWAL. Responses due by 3/4/2019 (Attachments: # 1 Certificate of Service, # 2 Brief, # 3 Text of Proposed Order)(LUCAS, BRYAN) (Entered: 02/13/2019) |
| 02/13/2019 | Set Deadlines as to the 84 MOTION for Summary Judgment Pursuant to Fed. R. Civ. P. 56(a). Motion set for 3/18/2019 before Judge Peter G. Sheridan. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mps) (Entered: 02/13/2019) |
Complaint:
18cv10507_1
Analysis by Evan F. Nappen, author of the New Jersey Gun Law book to understand what to do going forward:
nj_update_magazines_6-12-18Scroll down through the doc
Statement from ANJRPS appears below:
| ANJRPC FILES MOTION TO HALT ENFORCEMENT OF MAG BAN! |
|
Seeks to Put Mag Ban on Hold While Court Decides
Whether to Invalidate the New Law
June 21, 2018. Just a week after filing suit in federal court to overturn New Jersey’s new ban on magazines that can hold over 10 rounds of ammunition, ANJRPC today filed a motion for an injunction to halt enforcement of the ban while the lawsuit is pending.
“This unconstitutional law makes no one safer,” said ANJRPC executive director Scott Bach. “It will be ignored by criminals, and affects only law-abiding citizens. To make matters worse, it gives the public a limited time to get rid of or permanently alter their lawfully acquired magazines. It therefore is imperative that the law be put on hold until the Court decides whether it is constitutional to force a million people who have committed no crime to forfeit or permanently alter their property.”
ANJRPC’s motion shows that the plaintiffs are likely to succeed in their claim that New Jersey’s magazine ban is unconstitutional, and points out that a federal court in California recently put a similar magazine ban on hold while it decides whether to overturn it. A link to the legal brief just filed in the New Jersey case is available here.
This case was filed in cooperation with the National Rifle Association. “We thank the NRA for its incredible support and guidance, which made this lawsuit and this new motion possible,” said Bach.
CLICK HERE TO DONATE TO THE CASE!
Any New Jersey resident interested in joining ANJRPC in the lawsuit should contact us at strikeforce@anjrpc.org, especially those who have ever been burglarized, robbed, attacked, or even threatened by a gang or by multiple criminals at the same time, in a documented incident.
Please forward this email to every gun owner you know, and if you don’t already receive alerts from ANJRPC, please subscribe to our free email alerts for the latest Second Amendment breaking news and action alerts.
About ANJRPC: The Association of New Jersey Rifle & Pistol Clubs is the official New Jersey affiliate of the NRA, and is New Jersey’s oldest, largest, and most effective Second Amendment advocacy organization.
|