North Dakota District Court
Judge:Alice R Senechal
Case #: 3:22-cv-00085
Nature of Suit899 Other Statutes - Administrative Procedure Act/Review or Appeal of Agency Decision
Cause05:702 Administrative Procedure Act
Case Filed:May 16, 2022
Terminated:Nov 04, 2022
Last checked: Saturday Nov 12, 2022 3:34 AM CST
Defendant
Bureau of Alcohol Tobacco Firearms and Explosives
Represented By
Michael Patrick Clendenen
Doj-Civ
contact info
Defendant
Merrick Garland
Represented By
Michael Patrick Clendenen
Doj-Civ
contact info
Defendant
Marvin Richardson
Represented By
Michael Patrick Clendenen
Doj-Civ
contact info
Defendant
U.S. Department of Justice
Represented By
Michael Patrick Clendenen
Doj-Civ
contact info
Plaintiff
Rare Breed Triggers, LLC
Represented By
Joseph Elton Blitch
Blitch Westley Barrette, S.C.
contact info
Kevin C Maxwell
Kevin C. Maxwell, Esquire
contact info


Docket last updated: 67 minutes ago
Friday, November 04, 2022
46 46 order Judgment - Clerk Fri 11/04 11:06 AM
CLERK'S JUDGMENT(sc)
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45 45 14 pgs order Order on Motion for Hearing Order on Motion to Dismiss/Lack of Jurisdiction Order on Motion for Miscellaneous Relief Order on Motion to Stay Fri 11/04 10:32 AM
ORDER by Magistrate Judge Alice R. Senechal granting20 Motion to Dismiss for Improper Venue; denying28 Motion for Venue-Related Discovery; denying 29 Motion to Stay; denying43 Motion for Hearing. (KT)
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Monday, October 31, 2022
44 44 respm Response to Motion Mon 10/31 1:33 PM
RESPONSE to Motion re43 MOTION for Hearing re28 MOTION for Leave to Conduct Venue Discovery and to Abate Proceeding Until Such Discovery is Complete re21 MEMORANDUM in Support,,,20 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue MOTION to Dis filed by Bureau of Alcohol Tobacco Firearms and Explosives, Merrick Garland, Marvin Richardson, U.S. Department of Justice. (Clendenen, Michael)
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Friday, October 28, 2022
43 43 3 pgs motion Hearing Fri 10/28 3:46 PM
MOTION for Hearing re28 MOTION for Leave to Conduct Venue Discovery and to Abate Proceeding Until Such Discovery is Complete re21 MEMORANDUM in Support,,,20 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue MOTION to Dismiss for Failure to State a C by Rare Breed Triggers, LLC. (Blitch, Joseph)
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Monday, October 24, 2022
utility Docket Correction Mon 10/24 11:07 AM
DOCKET CORRECTION re:42 Surreply to Motion. Clerk's Office added description for Exhibit A. (cjs)
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Friday, October 21, 2022
42 42 12 pgs respm Surreply to Motion Fri 10/21 4:00 PM
SURREPLY to20 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue MOTION to Dismiss for Failure to State a Claim MOTION to Change Venue filed by Rare Breed Triggers, LLC.(Maxwell, Kevin)
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Att: 1 55 pgs Exhibit A
Thursday, October 20, 2022
41 41 6 pgs respm Surreply to Motion Thu 10/20 3:47 PM
SURREPLY to 29 MOTION to Stay re21 MEMORANDUM in Support,,,20 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue MOTION to Dismiss for Failure to State a Claim MOTION to Change Venue ,28 MOTION for Leave to Conduct Venue Discovery and to Abate Proceeding Until Such Discovery is Complete re21 MEMORANDUM in Support,,,20 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue MOTION to Dismiss for Failure to State a C filed by Bureau of Alcohol Tobacco Firearms and Explosives, Merrick Garland, Marvin Richardson, U.S. Department of Justice. (Clendenen, Michael)
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40 40 (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting39 Motion for Leave to File Sur-Reply. Defendant is directed to file the proposed sur-reply. (KT)
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order Order on Motion for Leave to File Thu 10/20 9:56 AM
(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting39 Motion for Leave to File Sur-Reply. Defendant is directed to file the proposed sur-reply. (KT)
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Wednesday, October 19, 2022
39 39 motion Leave to File Document Wed 10/19 5:11 PM
MOTION for Leave to File SURREPLY TO PLAINTIFFS REPLY TO DEFENDANTS RESPONSE TO PLAINTIFFS VERIFIED MOTION FOR LEAVE TO CONDUCT VENUE DISCOVERY AND TO ABATE PROCEEDINGS UNTIL SUCH DISCOVERY IS COMPLETE by Bureau of Alcohol Tobacco Firearms and Explosives, Merrick Garland, Marvin Richardson, U.S. Department of Justice.(Clendenen, Michael)
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Att: 1 6 pgs Proposed Surreply
Monday, October 17, 2022
38 38 9 pgs respm Reply to Response to Motion Mon 10/17 1:42 PM
REPLY to Response to Motion re28 MOTION for Leave to Conduct Venue Discovery and to Abate Proceeding Until Such Discovery is Complete re21 MEMORANDUM in Support,,,20 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue MOTION to Dismiss for Failure to State a C filed by Rare Breed Triggers, LLC.(Blitch, Joseph) Modified on 10/18/2022 to add description to exhibit. (Attachment 1 replaced on 10/19/2022 to remove overlapping header) NEF Regenerated (mf)
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Att: 1 Exhibit 1 - Partial Transcript of Preliminary Injunction Hearing
37 37 (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting36 Motion for Leave to File Sur-Reply. Plaintiff's sur-reply is due by 10/21/2022 and shall be limited to 10 pages. (KT)
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order Order on Motion for Leave to File Mon 10/17 9:17 AM
(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting36 Motion for Leave to File Sur-Reply. Plaintiff's sur-reply is due by 10/21/2022 and shall be limited to 10 pages. (KT)
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utility Docket Correction Mon 10/17 1:36 PM
DOCKET CORRECTION re:36 Motion for Leave to File a Sur Reply. Clerk's office corrected document number in docket text. (jb)
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Friday, October 14, 2022
36 36 3 pgs motion Leave to File Document Fri 10/14 5:47 PM
MOTION for Leave to File a Sur Reply to Doc 33 by Rare Breed Triggers, LLC. (Maxwell, Kevin)
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Thursday, October 06, 2022
utility Docket Correction Thu 10/06 2:59 PM
DOCKET CORRECTION re: 35 Order. Clerk's Office corrected link. (mf)
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Wednesday, October 05, 2022
35 35 (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting32 Unopposed Motion for Extension of Time to File. Plaintiff's reply to28 MOTION for Leave to Conduct Venue Discovery and to Abate Proceeding Until Such Discovery is Complete 29 Motion to Stay is due by 10/17/2022. (KT) Modified on 10/6/2022 to correct link (mf)
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order Order on Motion for Extension of Time to File Response/Reply Wed 10/05 9:19 AM
(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting32 Unopposed Motion for Extension of Time to File. Plaintiff's reply to30 Response to Motion for Leave to Conduct Venue Discovery and to Abate Proceeding is due by 10/17/2022. (KT)
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utility Set Motion and R&R Deadlines/Hearings Wed 10/05 9:30 AM
Set/Reset Deadlines as to28 MOTION for Leave to Conduct Venue Discovery and to Abate Proceeding Until Such Discovery is Complete re21 MEMORANDUM in Support,,,20 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue MOTION to Dismiss for Failure to State a C. Replies due by 10/17/2022. (sc)
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utility Docket Correction Wed 10/05 12:56 PM
DOCKET CORRECTION re:32 Motion for Extension of Time to File Reply. Clerk's Office removed link. (cjs)
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Tuesday, October 04, 2022
34 34 2 pgs respm Response to Motion Tue 10/04 12:22 PM
RESPONSE to Motion re32 MOTION for Extension of Time to File Response/Reply as to31 Response to Motion,, 29 MOTION to Stay re21 MEMORANDUM in Support,,,20 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue MOTION to Dismiss for Failure to Stat filed by Bureau of Alcohol Tobacco Firearms and Explosives, Merrick Garland, Marvin Richardson, U.S. Department of Justice. (Clendenen, Michael)
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33 33 16 pgs respm Reply to Response to Motion Tue 10/04 11:47 AM
REPLY to Response to Motion re20 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue MOTION to Dismiss for Failure to State a Claim MOTION to Change Venue filed by Bureau of Alcohol Tobacco Firearms and Explosives, Merrick Garland, Marvin Richardson, U.S. Department of Justice. (Clendenen, Michael)
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32 32 motion Extension of Time to File Response/Reply Tue 10/04 9:22 AM
MOTION for Extension of Time to File Response/Reply as to28 MOTION for Leave to Conduct Venue Discovery and to Abate Proceeding Until Such Discovery is Complete 29 Motion to Stay by Rare Breed Triggers, LLC. (Maxwell, Kevin) Modified on 10/5/2022 to remove link (cjs).
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Monday, September 26, 2022
31 31 11 pgs respm Response to Motion Mon 09/26 8:52 AM
RESPONSE to Motion re 29 MOTION to Stay re21 MEMORANDUM in Support,,,20 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue MOTION to Dismiss for Failure to State a Claim MOTION to Change Venue ,28 MOTION for Leave to Conduct Venue Discovery and to Abate Proceeding Until Such Discovery is Complete re21 MEMORANDUM in Support,,,20 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue MOTION to Dismiss for Failure to State a C filed by Bureau of Alcohol Tobacco Firearms and Explosives, Merrick Garland, Marvin Richardson, U.S. Department of Justice. (Clendenen, Michael)
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Thursday, September 22, 2022
utility Docket Correction Thu 09/22 10:50 AM
DOCKET CORRECTION re:30 Response to Motion. Clerk's office added descriptions for all Exhibits. Clerk's office also replaced Exhibits 1, 2, 3, and 4 to remove doubleheaders/illegible headers. (jb)
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Tuesday, September 20, 2022
30 30 44 pgs respm Response to Motion Tue 09/20 4:52 PM
RESPONSE to Motion re20 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue MOTION to Dismiss for Failure to State a Claim MOTION to Change Venue filed by Rare Breed Triggers, LLC.(Blitch, Joseph) (Exhibits 1, 2, 3, and 4 replaced on 9/22/2022 to remove doubleheaders). Modified on 9/22/2022 to include description of exhibits. (jb)
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Att: 1 30 pgs Exhibit 1 - Declaration of Kevin Maxwell,
Att: 2 Exhibit 2 - Motion to Dismiss filed November 27, 2013,
Att: 3 Exhibit 3 - Opposition to Untimely Motion filed March 24, 2021,
Att: 4 Exhibit 4 - Order entered November 15, 2013,
Att: 5 4 pgs Exhibit 5 - ATF Rul. 2006-2,
Att: 6 Exhibit 6 - Sections 7.2.1 through 7.2.4.1 of the NFA
Monday, September 19, 2022
utility Docket Correction Mon 09/19 1:49 PM
DOCKET CORRECTION re:28 Motion for Leave to Conduct Venue Discovery and Abate Proceeding Until Such Discovery is Complete. Multiple relief document filed as one relief. Clerk's office filed Motion to Stay at 29 . Clerk's office also replaced Exhibit 1 to remove double headers and added description to Exhibit 1. (jb)
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Monday, September 12, 2022
28 28 10 pgs motion Miscellaneous Relief Mon 09/12 4:24 PM
MOTION for Leave to Conduct Venue Discovery and to Abate Proceeding Until Such Discovery is Complete re21 MEMORANDUM in Support,,,20 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue MOTION to Dismiss for Failure to State a Claim MOTION to Change Venue by Rare Breed Triggers, LLC.(Blitch, Joseph)
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Att: 1 2 pgs Exhibit 1
motion Stay Mon 09/19 1:45 PM
MOTION to Stay re21 MEMORANDUM in Support,,,20 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue MOTION to Dismiss for Failure to State a Claim MOTION to Change Venue by Rare Breed Triggers, LLC. See document28 . (jb)
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Tuesday, September 06, 2022
27 27 (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting25 Unopposed Motion for Extension of Time to File Response. Plaintiff's response to20 MOTION to Dismiss due by 9/20/2022. (KT)
Related: [-]
26 26 2 pgs respm Response to Motion Tue 09/06 9:11 AM
RESPONSE to Motion re25 MOTION for Extension of Time to File Response/Reply as to21 MEMORANDUM in Support,,,20 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue MOTION to Dismiss for Failure to State a Claim MOTION to Change Venue filed by Bureau of Alcohol Tobacco Firearms and Explosives, Merrick Garland, Marvin Richardson, U.S. Department of Justice. (Clendenen, Michael)
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order Order on Motion for Extension of Time to File Response/Reply Tue 09/06 9:35 AM
(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting25 Unopposed Motion for Extension of Time to File Response. Plaintiff's response to20 MOTION to Dismiss due by 9/20/2022. (KT)
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Saturday, September 03, 2022
25 25 motion Extension of Time to File Response/Reply Sat 09/03 2:14 PM
MOTION for Extension of Time to File Response/Reply as to21 MEMORANDUM in Support,,,20 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue MOTION to Dismiss for Failure to State a Claim MOTION to Change Venue by Rare Breed Triggers, LLC. (Blitch, Joseph)
Related: [-]
Monday, August 22, 2022
24 24 (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting22 Unopposed Motion for Extension of Time to File Response. Defendant's response to20 MOTION to Dismiss due by 9/13/2022. (KT)
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order Order on Motion for Extension of Time to File Response/Reply Mon 08/22 9:08 AM
(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting22 Unopposed Motion for Extension of Time to File Response. Defendant's response to20 MOTION to Dismiss due by 9/13/2022. (KT)
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utility Docket Correction Mon 08/22 11:32 AM
DOCKET CORRECTION re:22 Motion for Extension of Time to File Response/Reply. Clerk's Office added link. (cjs)
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Friday, August 19, 2022
23 23 2 pgs respm Response to Motion Fri 08/19 4:54 PM
RESPONSE to Motion re22 MOTION for Extension of Time to File Response/Reply to Defense Motion to Dismiss filed by Bureau of Alcohol Tobacco Firearms and Explosives, Merrick Garland, Marvin Richardson, U.S. Department of Justice. (Clendenen, Michael)
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22 22 2 pgs motion Extension of Time to File Response/Reply Fri 08/19 12:35 PM
MOTION for Extension of Time to File Response/Reply to Defense Motion to Dismiss by Rare Breed Triggers, LLC. (Maxwell, Kevin)
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Wednesday, August 10, 2022
utility Docket Correction Wed 08/10 9:56 AM
DOCKET CORRECTION re:21 Memorandum in Support. Clerk's office added exhibit numbers and exhibit descriptions to attachments. Clerk's office also replaced Exhibits 3 and 5 to display legible headers. (jb)
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Tuesday, August 09, 2022
21 21 46 pgs respm Memorandum in Support Tue 08/09 1:20 PM
MEMORANDUM in Support re20 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue MOTION to Dismiss for Failure to State a Claim MOTION to Change Venue filed by Bureau of Alcohol Tobacco Firearms and Explosives, Merrick Garland, Marvin Richardson, U.S. Department of Justice.(Clendenen, Michael) (Attachments 3 and 5 replaced on 8/10/2022 to display legible headers.) Modified on 8/10/2022 to add exhibit numbers and exhibit descriptions. (jb)
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Att: 1 18 pgs Exhibit 1 - Transcript of Telephone Status Conference,
Att: 2 56 pgs Exhibit 2 - Transcript of Preliminary Injunction Hearing,
Att: 3 2 pgs Exhibit 3 - Articles of Organization,
Att: 4 8 pgs Exhibit 4 - Articles of Merger,
Att: 5 2 pgs Exhibit 5 - Address Change,
Att: 6 2 pgs Exhibit 6 - Office Complex Map
20 20 2 pgs motion Dismiss/Lack of Jurisdiction Dismiss for Failure to State a Claim Change Venue Tue 08/09 1:08 PM
MOTION to Dismiss for Lack of Jurisdiction and Improper Venue , MOTION to Dismiss for Failure to State a Claim , MOTION to Change Venue by Bureau of Alcohol Tobacco Firearms and Explosives, Merrick Garland, Marvin Richardson, U.S. Department of Justice. (Clendenen, Michael)
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Friday, July 22, 2022
19 19 (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting17 Motion for Extension of Time to Answer or Otherwise Respond to Complaint. Answer or other response due by 8/9/2022. (AS)
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order Order on Motion for Extension of Time to Answer Fri 07/22 9:22 AM
(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting17 Motion for Extension of Time to Answer or Otherwise Respond to Complaint. Answer or other response due by 8/9/2022. (AS)
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Thursday, July 21, 2022
18 18 1 pgs respm Response to Motion Thu 07/21 10:53 AM
RESPONSE to Motion re17 MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint filed by Rare Breed Triggers, LLC. (Maxwell, Kevin)
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17 17 2 pgs motion Extension of Time to File Answer Thu 07/21 10:05 AM
MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint by Bureau of Alcohol Tobacco Firearms and Explosives, Merrick Garland, Marvin Richardson, U.S. Department of Justice.(Clendenen, Michael)
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Att: 1 1 pgs Proposed Order
Wednesday, July 20, 2022
16 16 misc Consent/Reassignment Form Wed 07/20 2:02 PM
CONSENT/REASSIGNMENT FORM by U.S. Department of Justice. (sj)
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15 15 misc Consent/Reassignment Form Wed 07/20 2:01 PM
CONSENT/REASSIGNMENT FORM by Marvin Richardson. (sj)
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14 14 misc Consent/Reassignment Form Wed 07/20 2:00 PM
CONSENT/REASSIGNMENT FORM by Merrick Garland. (sj)
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13 13 1 pgs misc Consent/Reassignment Form Wed 07/20 1:59 PM
CONSENT/REASSIGNMENT FORM by Bureau of Alcohol Tobacco Firearms and Explosives. (sj)
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Monday, July 18, 2022
12 12 1 pgs notice Notice of Direct Assignment Mon 07/18 2:30 PM
NOTICE of Direct Assignment as to U.S. Department of Justice. Consent/Reassignment Form due by 8/1/2022. (pb)
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11 11 1 pgs notice Notice of Direct Assignment Mon 07/18 2:29 PM
NOTICE of Direct Assignment as to Marvin Richardson. Consent/Reassignment Form due by 8/1/2022. (pb)
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10 10 notice Notice of Direct Assignment Mon 07/18 2:29 PM
NOTICE of Direct Assignment as to Merrick Garland. Consent/Reassignment Form due by 8/1/2022. (pb)
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9 9 notice Notice of Direct Assignment Mon 07/18 2:28 PM
NOTICE of Direct Assignment as to Bureau of Alcohol Tobacco Firearms and Explosives. Consent/Reassignment Form due by 8/1/2022. (pb)
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Wednesday, July 13, 2022
8 8 2 pgs notice Notice of Appearance Wed 07/13 2:37 PM
NOTICE of Appearance by Michael Patrick Clendenen on behalf of Bureau of Alcohol Tobacco Firearms and Explosives, Merrick Garland, Marvin Richardson, U.S. Department of Justice (Clendenen, Michael)
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Monday, June 06, 2022
7 7 1 pgs misc Consent/Reassignment Form Mon 06/06 9:49 AM
CONSENT/REASSIGNMENT FORM by Rare Breed Triggers, LLC. (pb)
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6 6 1 pgs notice Second Notice of Direct Assignment Mon 06/06 8:46 AM
SECOND NOTICE of Direct Assignment as to Rare Breed Triggers, LLC. Consent/Reassignment Form due by 6/13/2022. (pb)
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Monday, May 23, 2022
5 5 2 pgs misc Corporate Disclosure Statement Mon 05/23 11:47 AM
Corporate Disclosure Statement by Rare Breed Triggers, LLC. (Maxwell, Kevin)
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Tuesday, May 17, 2022
4 4 misc Supplement Tue 05/17 2:17 PM
SUPPLEMENT (Filed Conventionally) - Exhibits 3, 8, and 18 to document:1 Complaint by Rare Breed Triggers, LLC. (sj)
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Monday, May 16, 2022
3 3 1 pgs notice Notice of Direct Assignment Mon 05/16 5:03 PM
NOTICE of Direct Assignment as to Rare Breed Triggers, LLC. Consent/Reassignment Form due by 5/31/2022. (js)
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2 2 2 pgs service Summons Issued as to USA Mon 05/16 5:01 PM
Summons Issued as to Bureau of Alcohol Tobacco Firearms and Explosives, Merrick Garland, Marvin Richardson, U.S. Department of Justice, U.S. Attorney and U.S. Attorney General (js)
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1 1 cmp Complaint Mon 05/16 4:59 PM
COMPLAINT against Bureau of Alcohol Tobacco Firearms and Explosives, Merrick Garland, Marvin Richardson, U.S. Department of Justice (Filing fee $402, receipt number 300000002) filed by Rare Breed Triggers, LLC.(js)
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Att: 1 2 pgs Exhibit 1 - 7/27/21 Letter from ATF Craig Saier,
Att: 2 Exhibit 2 - ATF's Letter to Tac-Con re 3MR trigger,
Att: 3 Exhibit 4 - RBT's refusal Letter dated 8/2/21,
Att: 4 Exhibit 5 - 8/12/21 Examination Report,
Att: 5 3 pgs Exhibit 6 - 1/12/22 "Misclassification" Letter from ATF to 3rd Gen Michine, Inc.,
Att: 6 2 pgs Exhibit 7 - Receipt for Property Seized,
Att: 7 Exhibit 9 - McCann Opinion Letter,
Att: 8 Exhibit 10 - IFSA Opinion Letter,
Att: 9 Exhibit 11 - Vasquez Opinion Letter,
Att: 10 Exhibit 12 - FRINC Opinion Letter,
Att: 11 67 pgs Exhibit 13 - Internal emails and web postings by ATF,
Att: 12 Exhibit 14 - 6/25/07 Vasquez Letter re Position Paper,
Att: 13 Exhibit 15 - 8/11/21 Email Chain re Evidentiary Hearing,
Att: 14 Exhibit 16 - 8/13/21 Email Chain re Rebuttal Experts,
Att: 15 Exhibit 17 - Expert Rebuttal Reports,
Att: 16 Exhibit 18 - 11/2/21 Letter re ATF's position on rebuttal experts,
Att: 17 Exhibit 19 - ATF's Response,
Att: 18 Exhibit 20 - 12/21/21 Follow-up Letter,
Att: 19 Exhibit 21 - Cease-and-Desist Letter,
Att: 20 7 pgs Exhibit 22 - Transcript of 9/16/21 Status Conference,
Att: 21 Civil Cover Sheet