This case was last updated from PACER on 04/27/2019 at 06:05:02 (UTC).

David Codrea, et al v. William Barr, et al

Case Summary

On 02/26/2019 David Codrea filed an Other lawsuit against William Barr. This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, D.C. Circuit. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    19-5044

  • Filing Date:

    02/26/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

 

Party Details

Defendant / Appellees

William P. Barr, in his official as Attorney General

Bureau of Alcohol, Tobacco, Firearms and Explosives

Plaintiff / Appellants

Scott Heuman

Owen Monroe

David Codrea

Amicus Curiae

Erwin Chemerinsky

Victoria Nourse

Jed Shugerman

Morton Rosenberg

W. Clark Aposhian

Lawrence Reynolds

Richard Painter

Trip Rothschild

Giffords Law Center to Prevent Gun Violence

Alan B. Morrison

Citizens for Responsibility and Ethics in Washington

The New Civil Liberties Alliance

Peter M. Shane

Karen Kucik

Marilyn Glynn

2 More Parties Available

Attorney/Law Firm Details

Defendant / Appellee Attorneys

Scott R. McIntosh

Attorney at U.S. Department of Justice

950 Pennsylvania Avenue, Nw

Washington, DC 20530

Abby Christine Wright

Attorney at U.S. Department of Justice

950 Pennsylvania Avenue, Nw

Washington, DC 20530

Hashim M. Mooppan Esquire

Attorney at U.S. Department of Justice

950 Pennsylvania Avenue, Nw

Washington, DC 20530

Matthew J. Glover

Attorney at U.S. Department of Justice

950 Pennsylvania Avenue, Nw

Washington, DC 20530

Bradley Hinshelwood

Attorney at U.S. Department of Justice

950 Pennsylvania Avenue, Nw

Washington, DC 20530

Plaintiff / Appellant Attorneys

Stephen Dean Stamboulieh Esquire

Attorney at Stamboulieh Law, PLLC

P.O. Box 4008

Madison, MS 39130

Alan Beck

Attorney at Law Office of Alan Beck

2692 Harcourt Drive

San Diego, CA 92123

Amicus Curiae Attorneys

Stephen Adam Weisbrod

Attorney at Weisbrod Matteis & Copley PLLC

1200 New Hampshire Avenue, Nw, Suite 600

Washington, DC 20036

Joseph Carl Cecere Jr.

Attorney at Cecere PC

6035 Mccommas Boulevard

Dallas, TX 75206

Steven M. Simpson

Attorney at New Civil Liberties Alliance

1225 19Th Street, Nw, Suite 450

Washington, DC 20036

Conor Shaw

Attorney at Citizens for Responsibility and Ethics in Washington

1101 K Street, Nw, Suite 201

Washington, DC 20005

Nikhel Suresh Sus Esquire

Attorney at Citizens for Responsibility and Ethics in Washington

1101 K Street, Nw, Suite 201

Washington, DC 20005

Ian Simmons

Attorney at O'Melveny & Myers LLP

1625 Eye Street, Nw

Washington, DC 20006-4001

 

Court Documents

Open Document

NOTICE OF APPEAL [1774878] seeking review of a decision by the U.S. District Court in 1:18-cv-03086-DLF filed by David Codrea, Scott Heuman and Owen Monroe. Appeal assigned USCA Case Number: 19-5044. [19-5044] [Entered: 02/26/2019 11:07 AM]

Open Document

MANDATE ISSUED to Clerk, U.S. District Court. [19-5042, 19-5044] [Entered: 04/05/2019 05:48 PM]

Open Document

PER CURIAM ORDER [1781463] filed that, based on the governments representation that it will not enforce the Bump-Stock Rule against the named plaintiffs or their bona fide members before 5:00 p.m. on Wednesday, April 10, 2019, the emergency joint motion to extend stay order [ # 1781365-2 ] be denied and the administrative stay entered on March 23, 2019, and clarified on March 25, 2019, be dissolved. The Clerk is directed to issue the mandate forthwith. Before Judges: Henderson, Srinivasan and Millett. [19-5042, 19-5044] [Entered: 04/05/2019 05:43 PM]

Open Document

LETTER [1781441] pursuant to FRAP 28j advising of additional authorities filed by ATF, William P. Barr, Thomas E. Brandon and USA in 19-5042, ATF and William P. Barr in 19-5044 [Service Date: 04/05/2019 ] [19-5042, 19-5044] (Wright, Abby) [Entered: 04/05/2019 04:24 PM]

Open Document

LETTER [1781369] pursuant to FRAP 28j advising of additional authorities filed by ATF, William P. Barr, Thomas E. Brandon and USA in 19-5042, ATF and William P. Barr in 19-5044 [Service Date: 04/05/2019 ] [19-5042, 19-5044] (Wright, Abby) [Entered: 04/05/2019 02:10 PM]

Open Document

EMERGENCY MOTION [1781365] to stay mandate filed by Firearms Policy Foundation, Florida Carry, Inc., Damien Guedes, Madison Society Foundation, Inc. and Shane Roden in 19-5042, David Codrea, Scott Heuman and Owen Monroe in 19-5044 (Service Date: 04/05/2019 by CM/ECF NDA) Length Certification: 509 words. [19-5042, 19-5044] (Kraut, Adam) [Entered: 04/05/2019 02:03 PM]

Open Document

NOTICE [1781304] from Supreme Court: Order: Order denying application of stay and referring request to DC Circuit [Service Date: 04/05/2019 ] [19-5042, 19-5044] [Entered: 04/05/2019 12:57 PM]

Open Document

NOTICE [1780804] requesting that the administrative stay granted by this Court remain in effect pending disposition of the stay application before the Supreme Court of the United States, pursuant to the Court's Judgment of April 1, 2019. filed by Firearms Policy Foundation, Madison Society Foundation, Inc., Florida Carry, Inc., Damien Guedes and Shane Roden in 19-5042, David Codrea, Scott Heuman and Owen Monroe in 19-5044 [Service Date: 04/03/2019 ] [19-5042, 19-5044] (Prince, Joshua) [Entered: 04/03/2019 09:41 AM]

Open Document

OPINION [1780398] filed PER CURIAM OPINION (Pages: 59), CONCURRING IN PART AND DISSENTING IN PART OPINION (Pages: 27) by Judge Henderson. [19-5042, 19-5044] [Entered: 04/01/2019 11:14 AM]

Open Document

PER CURIAM JUDGMENT [1780390] filed it is ORDERED and ADJUDGED that the District Courts denial of the preliminary injunction appealed from in these causes be affirmed, in accordance with the opinion of the court filed herein this date. It is FURTHER ORDERED that the administrative stay of the effective date of the Bump Stock Rule, 83 Fed. Reg. 66,514 (Dec. 26, 2018), that was entered on the courts own motion on March 23, 2019, will remain in effect for 48 hours from the time of the issuance of the opinion in this case to allow plaintiffs, if they wish, to seek a stay from the Supreme Court of the United States. Should plaintiffs do so, the administrative stay will remain in effect pending disposition of the stay application. Plaintiffs are directed to notify the court promptly should an application for a stay be filed. It is FURTHER ORDERED that Codrea plaintiffs-appellants notice of voluntary dismissal of Whitaker-based claim in No. 19-5044, construed by the court as a motion for voluntary dismissal, be denied. The Clerk is directed to withhold issuance of the mandate pending resolution of any stay application filed in the Supreme Court. Plaintiffs are directed to notify the court promptly of the disposition of a stay application. If plaintiffs do not seek a stay from the Supreme Court, the Clerk is directed to issue the mandate 48 hours after the opinion in these consolidated cases issues. See Fed. R. App. P. 41(b); D.C. Cir. Rule 41(a)(1). [19-5042, 19-5044] [Entered: 04/01/2019 11:02 AM]

Open Document #2

Certificate of Service

Open Document #1

Docketing Statement Filed

Open Document

ENTRY OF APPEARANCE [1775027] filed by Hashim M. Mooppan and co-counsel Abby C. Wright, Scott R. McIntosh on behalf of Appellees ATF, William P. Barr, Thomas E. Brandon and USA in 19-5042, 19-5043, Appellees ATF and William P. Barr in 19-5044. [19-5042, 19-5043, 19-5044] (Wright, Abby) [Entered: 02/26/2019 04:57 PM]

Open Document

ENTRY OF APPEARANCE [1775014] filed by Stephen D. Stamboulieh on behalf of Appellants Scott Heuman, Owen Monroe and David Codrea in 19-5044. [19-5044, 19-5042, 19-5043] (Stamboulieh, Stephen) [Entered: 02/26/2019 04:39 PM]

Open Document

ENTRY OF APPEARANCE [1774992] filed by Joshua Prince and co-counsel Adam Kraut on behalf of Appellants Firearms Policy Foundation, Florida Carry, Inc., Damien Guedes, Madison Society Foundation, Inc. and Shane Roden in 19-5042, Appellees Firearms Policy Foundation, Florida Carry, Inc., Damien Guedes, Madison Society Foundation, Inc. and Shane Roden in 19-5043. [19-5042, 19-5043] (Prince, Joshua) [Entered: 02/26/2019 03:56 PM]

Open Document

MOTION [1774980] to expedite case, to expedite oral argument, to establish briefing schedule filed by Firearms Policy Coalition, Inc. and Firearms Policy Foundation, Florida Carry, Inc., Damien Guedes, Madison Society Foundation, Inc. and Shane Roden in 19-5042, 19-5043 (Service Date: 02/26/2019 by 3rd Party, CM/ECF NDA) Length Certification: 1,416 words. [19-5042, 19-5043] (Goldstein, Thomas) [Entered: 02/26/2019 03:27 PM]

Open Document

ENTRY OF APPEARANCE [1774973] filed by Thomas C. Goldstein and co-counsel Daniel Woofter on behalf of Appellee Firearms Policy Coalition, Inc. in 19-5042, Appellant Firearms Policy Coalition, Inc. in 19-5043. [19-5042, 19-5043] (Goldstein, Thomas) [Entered: 02/26/2019 03:23 PM]

Open Document

CLERK'S ORDER [1774914] filed consolidating cases 19-5043, 19-5044 (Consolidation started 02/26/2019) with 19-5042; directing party to file initial submissions: APPELLANT docketing statement due 03/28/2019. APPELLANT certificate as to parties due 03/28/2019. APPELLANT statement of issues due 03/28/2019. APPELLANT underlying decision due 03/28/2019. APPELLANT deferred appendix statement due 03/28/2019. APPELLANT notice of appearance due 03/28/2019. APPELLANT transcript status report due 03/28/2019. APPELLANT procedural motions due 03/28/2019. APPELLANT dispositive motions due 04/12/2019; directing party to file initial submissions: APPELLEE certificate as to parties due 03/28/2019. APPELLEE entry of appearance due 03/28/2019. APPELLEE procedural motions due 03/28/2019. APPELLEE dispositive motions due 04/12/2019 [19-5042, 19-5043, 19-5044] [Entered: 02/26/2019 12:31 PM]

83 More Documents Available

 

Docket Entries

  • 04/05/2019
  • View Court Documents
  • MANDATE ISSUED to Clerk, U.S. District Court. [19-5042, 19-5044] [Entered: 04/05/2019 05:48 PM]

    Read MoreRead Less
  • 04/05/2019
  • View Court Documents
  • PER CURIAM ORDER [1781463] filed that, based on the governments representation that it will not enforce the Bump-Stock Rule against the named plaintiffs or their bona fide members before 5:00 p.m. on Wednesday, April 10, 2019, the emergency joint motion to extend stay order [ # 1781365-2 ] be denied and the administrative stay entered on March 23, 2019, and clarified on March 25, 2019, be dissolved. The Clerk is directed to issue the mandate forthwith. Before Judges: Henderson, Srinivasan and Millett. [19-5042, 19-5044] [Entered: 04/05/2019 05:43 PM]

    Read MoreRead Less
  • 04/05/2019
  • View Court Documents
  • LETTER [1781441] pursuant to FRAP 28j advising of additional authorities filed by ATF, William P. Barr, Thomas E. Brandon and USA in 19-5042, ATF and William P. Barr in 19-5044 [Service Date: 04/05/2019 ] [19-5042, 19-5044] (Wright, Abby) [Entered: 04/05/2019 04:24 PM]

    Read MoreRead Less
  • 04/05/2019
  • View Court Documents
  • LETTER [1781369] pursuant to FRAP 28j advising of additional authorities filed by ATF, William P. Barr, Thomas E. Brandon and USA in 19-5042, ATF and William P. Barr in 19-5044 [Service Date: 04/05/2019 ] [19-5042, 19-5044] (Wright, Abby) [Entered: 04/05/2019 02:10 PM]

    Read MoreRead Less
  • 04/05/2019
  • View Court Documents
  • EMERGENCY MOTION [1781365] to stay mandate filed by Firearms Policy Foundation, Florida Carry, Inc., Damien Guedes, Madison Society Foundation, Inc. and Shane Roden in 19-5042, David Codrea, Scott Heuman and Owen Monroe in 19-5044 (Service Date: 04/05/2019 by CM/ECF NDA) Length Certification: 509 words. [19-5042, 19-5044] (Kraut, Adam) [Entered: 04/05/2019 02:03 PM]

    Read MoreRead Less
  • 04/05/2019
  • View Court Documents
  • NOTICE [1781304] from Supreme Court: Order: Order denying application of stay and referring request to DC Circuit [Service Date: 04/05/2019 ] [19-5042, 19-5044] [Entered: 04/05/2019 12:57 PM]

    Read MoreRead Less
  • 04/03/2019
  • View Court Documents
  • NOTICE [1780804] requesting that the administrative stay granted by this Court remain in effect pending disposition of the stay application before the Supreme Court of the United States, pursuant to the Court's Judgment of April 1, 2019. filed by Firearms Policy Foundation, Madison Society Foundation, Inc., Florida Carry, Inc., Damien Guedes and Shane Roden in 19-5042, David Codrea, Scott Heuman and Owen Monroe in 19-5044 [Service Date: 04/03/2019 ] [19-5042, 19-5044] (Prince, Joshua) [Entered: 04/03/2019 09:41 AM]

    Read MoreRead Less
  • 04/01/2019
  • View Court Documents
  • OPINION [1780398] filed PER CURIAM OPINION (Pages: 59), CONCURRING IN PART AND DISSENTING IN PART OPINION (Pages: 27) by Judge Henderson. [19-5042, 19-5044] [Entered: 04/01/2019 11:14 AM]

    Read MoreRead Less
  • 04/01/2019
  • View Court Documents
  • PER CURIAM JUDGMENT [1780390] filed it is ORDERED and ADJUDGED that the District Courts denial of the preliminary injunction appealed from in these causes be affirmed, in accordance with the opinion of the court filed herein this date. It is FURTHER ORDERED that the administrative stay of the effective date of the Bump Stock Rule, 83 Fed. Reg. 66,514 (Dec. 26, 2018), that was entered on the courts own motion on March 23, 2019, will remain in effect for 48 hours from the time of the issuance of the opinion in this case to allow plaintiffs, if they wish, to seek a stay from the Supreme Court of the United States. Should plaintiffs do so, the administrative stay will remain in effect pending disposition of the stay application. Plaintiffs are directed to notify the court promptly should an application for a stay be filed. It is FURTHER ORDERED that Codrea plaintiffs-appellants notice of voluntary dismissal of Whitaker-based claim in No. 19-5044, construed by the court as a motion for voluntary dismissal, be denied. The Clerk is directed to withhold issuance of the mandate pending resolution of any stay application filed in the Supreme Court. Plaintiffs are directed to notify the court promptly of the disposition of a stay application. If plaintiffs do not seek a stay from the Supreme Court, the Clerk is directed to issue the mandate 48 hours after the opinion in these consolidated cases issues. See Fed. R. App. P. 41(b); D.C. Cir. Rule 41(a)(1). [19-5042, 19-5044] [Entered: 04/01/2019 11:02 AM]

    Read MoreRead Less
  • 03/31/2019
  • View Court Documents
  • LETTER [1780328] Dismiss Only Whitaker-based argument from 19-5044 as done in 19-5043 filed by David Codrea, Scott Heuman and Owen Monroe in 19-5044 [Service Date: 03/31/2019 ] [19-5044, 19-5042] (Stamboulieh, Stephen) [Entered: 03/31/2019 02:26 PM]

    Read MoreRead Less
57 More Docket Entries
  • 02/26/2019
  • View Court Documents
  • RESPONSE IN OPPOSITION [1775047] to motion to expedite case [ # 1774980-2 ], motion to expedite oral argument [ # 1774980-3 ], motion to establish briefing schedule [ # 1774980-4 ] filed by USA, Thomas E. Brandon, William P. Barr and ATF in 19-5042, 19-5043, William P. Barr and ATF in 19-5044 [Service Date: 02/26/2019 by CM/ECF NDA] Length Certification: 1,1019 words. [19-5042, 19-5043, 19-5044] (Wright, Abby) [Entered: 02/26/2019 08:55 PM]

    Read MoreRead Less
  • 02/26/2019
  • View Court Documents
  • DOCKETING STATEMENT [1775037] filed by David Codrea, Scott Heuman and Owen Monroe in 19-5044 [Service Date: 02/26/2019 ] [19-5044, 19-5042, 19-5043] (Stamboulieh, Stephen) [Entered: 02/26/2019 05:27 PM]

    Read MoreRead Less
  • 02/26/2019
  • View Court Documents
  • ENTRY OF APPEARANCE [1775027] filed by Hashim M. Mooppan and co-counsel Abby C. Wright, Scott R. McIntosh on behalf of Appellees ATF, William P. Barr, Thomas E. Brandon and USA in 19-5042, 19-5043, Appellees ATF and William P. Barr in 19-5044. [19-5042, 19-5043, 19-5044] (Wright, Abby) [Entered: 02/26/2019 04:57 PM]

    Read MoreRead Less
  • 02/26/2019
  • View Court Documents
  • ENTRY OF APPEARANCE [1775014] filed by Stephen D. Stamboulieh on behalf of Appellants Scott Heuman, Owen Monroe and David Codrea in 19-5044. [19-5044, 19-5042, 19-5043] (Stamboulieh, Stephen) [Entered: 02/26/2019 04:39 PM]

    Read MoreRead Less
  • 02/26/2019
  • View Court Documents
  • ENTRY OF APPEARANCE [1774992] filed by Joshua Prince and co-counsel Adam Kraut on behalf of Appellants Firearms Policy Foundation, Florida Carry, Inc., Damien Guedes, Madison Society Foundation, Inc. and Shane Roden in 19-5042, Appellees Firearms Policy Foundation, Florida Carry, Inc., Damien Guedes, Madison Society Foundation, Inc. and Shane Roden in 19-5043. [19-5042, 19-5043] (Prince, Joshua) [Entered: 02/26/2019 03:56 PM]

    Read MoreRead Less
  • 02/26/2019
  • View Court Documents
  • MOTION [1774980] to expedite case, to expedite oral argument, to establish briefing schedule filed by Firearms Policy Coalition, Inc. and Firearms Policy Foundation, Florida Carry, Inc., Damien Guedes, Madison Society Foundation, Inc. and Shane Roden in 19-5042, 19-5043 (Service Date: 02/26/2019 by 3rd Party, CM/ECF NDA) Length Certification: 1,416 words. [19-5042, 19-5043] (Goldstein, Thomas) [Entered: 02/26/2019 03:27 PM]

    Read MoreRead Less
  • 02/26/2019
  • View Court Documents
  • ENTRY OF APPEARANCE [1774973] filed by Thomas C. Goldstein and co-counsel Daniel Woofter on behalf of Appellee Firearms Policy Coalition, Inc. in 19-5042, Appellant Firearms Policy Coalition, Inc. in 19-5043. [19-5042, 19-5043] (Goldstein, Thomas) [Entered: 02/26/2019 03:23 PM]

    Read MoreRead Less
  • 02/26/2019
  • View Court Documents
  • CLERK'S ORDER [1774914] filed consolidating cases 19-5043, 19-5044 (Consolidation started 02/26/2019) with 19-5042; directing party to file initial submissions: APPELLANT docketing statement due 03/28/2019. APPELLANT certificate as to parties due 03/28/2019. APPELLANT statement of issues due 03/28/2019. APPELLANT underlying decision due 03/28/2019. APPELLANT deferred appendix statement due 03/28/2019. APPELLANT notice of appearance due 03/28/2019. APPELLANT transcript status report due 03/28/2019. APPELLANT procedural motions due 03/28/2019. APPELLANT dispositive motions due 04/12/2019; directing party to file initial submissions: APPELLEE certificate as to parties due 03/28/2019. APPELLEE entry of appearance due 03/28/2019. APPELLEE procedural motions due 03/28/2019. APPELLEE dispositive motions due 04/12/2019 [19-5042, 19-5043, 19-5044] [Entered: 02/26/2019 12:31 PM]

    Read MoreRead Less
  • 02/26/2019
  • View Court Documents
  • NOTICE OF APPEAL [1774878] seeking review of a decision by the U.S. District Court in 1:18-cv-03086-DLF filed by David Codrea, Scott Heuman and Owen Monroe. Appeal assigned USCA Case Number: 19-5044. [19-5044] [Entered: 02/26/2019 11:07 AM]

    Read MoreRead Less
  • 02/26/2019
  • US CIVIL CASE docketed. [19-5044] [Entered: 02/26/2019 11:07 AM]

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