Bonidy v. USPS – Appeal

U.S. Circuit Court of Appeals for the Tenth Circuit

Court of Appeals Docket #: 13-1374 Docketed: 09/06/2013
Nature of Suit: 2440 Other Civil Rights
Bonidy, et al v. USPS, et al
Appeal From: United States District Court for the District of Colorado – Denver
Fee Status: U.S. appellant

Summary/Issues: 2A; Place Restrictions; Challenges the postal service’s total ban of firearms on postal service property.

Filing DateFiling PartyDocument Description
12/8/2015PetitionersAppendix
12/8/2015PetitionersPetition for Writ of Certiorari
10/20/2014CourtOrder Granting Release of Oral Argument Audio
10/10/2014Non-PartyMotion to Release Oral Argument Recording
10/1/2014CourtOrder re Matter Argued
9/9/2014CourtOrder Granting Motion to Withdraw as Counsel
8/28/2014AppelleeAppellees Oral Argument Acknowledgment Form
8/28/2014AppelleeMotion to Withdraw as Counsel
7/28/2014AppelleeOral Argument Acknowledgment Form filed by Mr. Tab Bonidy and National Association for Gun Rights in 13-1374, 13-1391. Served on 07/28/2014. Manner of Service: email. [13-1374, 13-1391] JMM
7/17/2014CourtCalendar notice sent to counsel. Arguments to be held on 10/01/2014 at 9:00 a.m. in the Wittemyer Courtroom, University of Colorado School of Law, Boulder, CO. Counsel is required to go to http://www.ca10.uscourts.gov under the argument calendar tab to obtain an important notice regarding calendared cases and required forms. The calendar acknowledgment form must be completed and filed with the clerk via Electronic Case Filing within 10 days of today’s date. Counsel for Amicus Curiae do not participate in oral argument without written permission by the court.
3/24/2014AppelleeAppellees’ Reply Brief
3/10/2014CourtMinute order filed – Fourth brief on cross-appeal now due 03/24/2014 by Tab Bonidy and National Association for Gun Rights. (Text Only – No Attachment)
3/6/2014AppellantResponse-Reply Brief for Appellants-Cross-Appellees
1/28/2014CourtOrder filed by Clerk of the Court granting Attorney motion to extend time to file 3rd xap brief. Third brief on cross-appeal now due 03/06/2014 by United States Postal Service, Patrick Donahoe and Michael Kervin (28 day extension).
1/27/2014AppellantMotion filed by Appellants Patrick Donahoe, Mr. Michael Kervin and USPS in 13-1374, Appellees Patrick Donahoe, Mr. Michael Kervin and USPS in 13-1391 to extend time to file third brief on cross-appeal until 03/06/2014. Served on: 01/27/2014. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes.
1/2/2014AppelleeAppellees’ Principal and Response Brief
12/30/2013CourtOrder filed by Clerk of the Court. Appellees/Cross-Appellants’ Motion to File Corrected Brief is granted as contained herein. The Appellees/Cross-Appellants must file their corrected second brief on cross-appeal within 5 days from the date of this order. The third brief on cross-appeal will be due 30 days from the date of service of the corrected brief. Second cross-appeal brief (in electronic and paper form) now due 01/06/2014 by Tab Bonidy and National Association for Gun Rights. Served on 12/30/2013.
12/27/2013AppelleeAppellees’ Motion to File Corrected Brief
11/26/2013AmicusBrief of Amicus Curiae Brady Center to Prevent Gun Violence in Support of Appellants
11/22/2013CourtMinute order filed – Second cross-appeal brief now due 12/23/2013 by Tab Bonidy and National Association for Gun Rights. (Text Only – No Attachment) [13-1374, 13-1391]
11/20/2013CourtAppendix filed by Appellants Patrick Donahoe, Mr. Michael Kervin and USPS in 13-1374 and 13-1391. Original and 1 copy. Appendix pages: 930. Number of volumes: 3. Hardcopy only. Served on 11/21/2013. Manner of Service: US mail.
11/20/2013AppellantBrief for Appellants
10/1/2013CourtCross Appeal Briefing Schedule
9/27/2013CourtMediation Conference Notice
9/23/2013AppelleeNotice of Appearance by Appellee Tab Bonidy
9/20/2013CourtNotice of appearance submitted by James Martin Manley; Steven James Lechner for Appellees Mr. Tab Bonidy and National Association for Gun Rights for court review. Certificate of Interested Parties: Yes. Served on 09/20/2013. Manner of Service: email. [13-1374]–[Edited 09/23/2013 by LG to remove PDF from entry, as pleading was filed on 9/23/2013] JMM
9/20/2013CourtFiled notice record is complete. Served on 09/20/2012. [13-1374] TEXT ONLY ENTRY.
9/20/2013AppellantDocketing Statement
9/20/2013CourtNotice of Deficient Docketing Statement
9/20/2013CourtMinute order filed – Notice due that record is complete by 09/30/2013 for Jeffrey P. Colwell, Clerk of Court. (Text Only – No Attachment) [13-1374]
9/20/2013AppellantNotice Indicating Transcript is Filed
9/20/2013CourtThis entry has been removed from the docket. Corrected docketing statement filed 09/20/2013. [SDS] [10109882] Docketing statement filed by Patrick Donahoe, Mr. Michael Kervin and USPS. Served on 09/20/2013. Manner of Service: email. [13-1374] DT
9/9/2013AppellantEntry of Appearance and Certificate of Interested Parties
9/9/2013CourtNotice of appearance submitted by Daniel Tenny, Michael S. Raab for Appellants Patrick Donahoe, Mr. Michael Kervin and USPS for court review. Certificate of Interested Parties: No. Served on 09/09/2013. Manner of Service: email. [13-1374]–[Edited 09/09/2013 by LG to remove PDF from entry, as pleading was filed on 9/9/2013] DT
9/6/2013CourtInitial Appeal Documents
9/6/2013CourtTransmittal of Notice of Appeal
9/6/2013AppellantNotice of Appeal
9/6/2013CourtJudgment
9/6/2013CourtMemorandum Opinion and Order
7/16/2013Plaintiff Costs Taxed In The Amount of $1,530.65 Against Defendants
7/16/2013PlaintiffBill of Costs
7/9/2013CourtJudgment
7/9/2013 DefendantMemorandum Opinion and Order
6/28/2013CourtTRANSCRIPT of Motion Hearing held on June 18, 2013 before Judge Matsch. Pages: 1-26. Prepared by: Federal Reporting Service, Inc.

NOTICE – REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party’s intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. 
Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 9/30/2013. (Federal Reporting Service, Inc., )  
6/18/2013CourtCourtroom Minutes for Motion Hearing held on 6/18/2013 before Judge Richard P. Matsch. ORDERED: Plaintiffs’ Cross Motion for Summary Judgment 33, is taken under advisement and a written opinion will be entered. Defendants’ Motion for Summary Judgment 31, is taken under advisement and a written opinion will be entered. 
4/10/2013 DefendantNotice of Appearance for Lisa A. Olsen Attorney for Defendants
4/9/2103 CourtMinute ORDER Setting Hearing on Motions 32 and 33 for Summary Judgment for 6/18/2013 at 10:00 AM in Courtroom A, by Judge Richard P. Matsch on 4/9/2013.
3/4/2013PlaintiffPlaintiffs’ Response to Defendants’ Notice of Supplemental Authority
2/28/2013Defendant Defendants’ Notice of Supplemental Authority
12/27/2012PlaintiffReply In Support of Plaintiffs’ Cross-Motion for Summary Judgment
12/11/2012CourtOrder Dismissing Plaintiff Debbie Bonidy’s Claims Against All Defendants With Prejudice
12/10/2012PlaintiffUnopposed Motion for Extension of Time to Reply
11/28/2012DefendantDefendants’ Opposition to Plaintiffs’ Cross-Motion for Summary Judgment and Reply In Support of Defendants’ Motion for Summary Judgment
10/29/2012PlaintiffPlaintiffs’ Cross Motion for Summary Judgment and Response In Opposition to Defendants’ Motion for Summary Judgment 
9/28/2012Court MOTION for Summary Judgment by Defendants (Public and Text Only Entry re 31) 
9/28/2012DefendantDefendants’ Motion for Summary Judgment
9/5/2012CourtOrder Dismissing Plaintiff Debbie Bonidy’
9/4/2012PlaintiffOrder Dismissing Plaintiff Debbie Bonidy’s Claims Against All Defendants With Prejudice
4/6/2012PlaintiffProtective Order
4/5/2012DefendantDefendants’ Unopposed Motion for Entry of Protective Order
1/26/2012CourtCourtroom Minutes re Discovery Plan
1/26/2012CourtOrder Setting Scheduling Conference
12/9/2011DefendantAnswer to Second Amended Complaint
12/2/2011CourtMotion to Dismiss Second Amended Complaint Hearing Transcript
11/18/2011CourtORDER Setting Scheduling Conference for 1/26/2012 at 10:00 AM in Conference Room and proposed order (original only) on paper, shall be submitted directly to chambers by 4:00 p.m. on January 19, 2012, by Judge Richard P. Matsch on 11/18/2011.
10/20/2011CourtCourtroom Minutes for Motion Hearing held on 11/18/2011 before Judge Richard P. Matsch. ORDERED: Defendants’ Motion to Dismiss Plaintiffs Second Amended Complaint, filed 4/25/2011 16, is denied. Defendants shall respond to the Amended Complaint. Scheduling Conference set January 26, 2012 at 10:00 a.m. Proposed scheduling order submitted in paper form to chambers by 4:00 p.m. January 19, 2012.
7/8/2011PlaintiffPlaintiffs’ Notice of Supplemental Authority
6/6/2011DefendantReply In Support of Defendants Motion to Dismiss Plaintiffs Second Amended Complaint
5/19/2011PlaintiffPlaintiffs’ Opposition to Defendants’ Motion to Dismiss
4/25/2011DefendantDefendants’ Motion to Dismiss Plaintiffs’ Second Amended Complaint Pursuant to Fed. R. Civ. P. 12(B)(6)
4/8/2011PlaintiffSecond Amended Complaint for Declaratory and Injunctive Relief
4/4/2011CourtMotion Hearing Transcript of Proceedings Held on March 21, 2011 
3/21/2011CourtMinute Entry – Courtroom Minutes for Motion Hearing held on 3/21/2011 before Judge Richard P. Matsch. ORDERED: Defendants’ Motion to Dismiss Plaintiffs’ First Amended Complaint, filed December 6, 2010 6 , is granted with leave for plaintiffs to file an amended complaint (20 days) by April 11, 2011. (FTR: K. Terasaki) (rpmcd) 
2/15/2011CourtMinute ORDER Setting Hearing onMOTION to Dismiss for 3/21/2011 at 02:00 PM in Courtroom A by Judge Richard P. Matsch on 2/15/2011. (rpmcd)
2/11/2011DefendantReply In Support of Defendants’ Motion to Dismiss
1/14/2011PlaintiffPlaintiffs’ Opposition to Defendants’ Motion to Dismiss
12/20/2010CourtOrder Granting Joint Motion for Extension of Deadlines
12/20/2010PlaintiffJoint Motion for Extension of Time to File Response-Reply to Motion to Dismiss First Amended Complaint
12/13/2010DefendantNotice re Motion to Dismiss First Amended Complaint
12/06/2010DefendantMotion to Dismiss First Amended Complaint
10/25/2010PlaintiffAmended Complaint
10/04/2010PlaintiffCorporate Disclosure Statement
10/04/2010PlaintiffComplaint