Dearth v. Holder

U.S. Circuit Court of Appeals for the District of Columbia

Court of Appeals Docket #: 12-5305 Docketed: 09/28/2012
Nature of Suit: 2440 Other Civil Rights
Stephen Dearth, et al v. Eric Holder, Jr.
Appeal From: United States District Court for the District of Columbia

Summary/Issues: 2A; People Restrictions; Challenge to Fed. Residency to Acquire Firearms.


Filing Date Filing Party Document Description
U.S. Court of Appeals for the District of Columbia
3/9/2015 Court ORAL ARGUMENT HELD before Judges Henderson, Griffith and Randolph. [12-5305]
3/4/2015 Court CLERK’S ORDER filed [1540580] rescheduling oral argument. Case now scheduled on Monday, 03/09/2015.
2/27/2015 Appellee Letter in Opposition to Plaintiffs Notice of Supplemental Authority re Mance v. Holder
2/25/2015 Appellant FORM 72 submitted by arguing attorney, Alan Gura, on behalf of Appellants Stephen Dearth and Second Amendment Foundation, Inc. (For Internal Use Only: Form is restricted to protect counsel’s personal contact information). [12-5305] (Gura, Alan)
2/24/2015 Court PER CURIAM ORDER filed [1539335] allocating oral argument time as follows: Appellants – 15 Minutes, Appellee – 15 Minutes. One counsel per side to argue; directing party to file Form 72 notice of arguing attorney by 02/27/2015 [12-5305]
2/24/2015 Appellee FORM 72 submitted by arguing attorney, Daniel Tenny, on behalf of Appellee Eric H. Holder, Jr. (For Internal Use Only: Form is restricted to protect counsel’s personal contact information) . [12-5305] (Tenny, Daniel)
2/23/2015 Appellant Notice of Supplemental Authority re Tyler v. Hillsdale Cnty. Sheriff’s Dept.
2/23/2015 Appellant Notice of Supplemental Authority re Mance v. Holder, No. 14-0539-O
1/30/2015 Appellant Appellants’ Second Supplemental Brief
1/30/2015 Appellee Appellees Supplemental Brief for the Appellee
1/8/2015 Court ENTRY OF APPEARANCE [1530878] filed by Daniel Tenny and co-counsel Mark B. Stern, Michael S. Raab on behalf of Appellee Eric H. Holder, Jr.. [12-5305] (Tenny, Daniel)
12/22/2014 Court Order Requesting Supplemental Briefs
3/19/2014 Court PER CURIAM ORDER filed [1484500] granting the unopposed motion of National Rifle Association, Inc. to participate as amicus curiae [1479883-2] Before Judges: Henderson, Griffith and Randolph. [12-5305]
3/13/2014 Appellee Supplemental Brief for the Appellee
3/12/2014 Court INCORRECT DOCKET ENTRY-DISREGARD-corrected brief filed-APPELLEE SUPPLEMENTAL BRIEF [1483633] filed by Eric H. Holder, Jr. [Service Date: 03/12/2014 ] Length of Brief: 1,498 words. [12-5305]
2/18/2014 Appellant Appellants’ Notice of Supplemental Authority re Peruta v. County of San Diego
2/18/2014 Amici Corrected Brief for Amicus Curiae National Rifle Association of America, Inc. In Support of Appellants and Reversal
2/12/2014 Amici National Rifle Association of America, Inc’s Unopposed Motion for Leave to File Amicus Curiae Brief In Support of Appellants and Reversal
2/10/2014 Appellant Appellants’ Supplemental Brief
2/10/2014 Court APPELLANT SUPPLEMENTAL BRIEF [1479259] filed by Stephen Dearth and Second Amendment Foundation, Inc. [Service Date: 02/10/2014] Length of Brief: 30 pages.
2/7/2014 Amici Notice of Intent to File Amicus Brief
1/10/2014 Court PER CURIAM ORDER filed [1474672], on the court’s own motion, that the parties file supplemental briefs addressing the following issues: (1) Whether non-resident Americans are “home” while visiting the United States; and (2) Whether the Second Amendment extends beyond the home. The supplemental briefs may not exceed 30 pages. Appellants’ supplemental brief is due on Monday, February 10, 2014, and appellee’s supplemental brief is due on Wednesday March 12, 2014. Before Judges: Henderson, Griffith and Randolph. [12-5305]
09/19/2013 Court ORAL ARGUMENT HELD before Judges Henderson, Griffith and Randolph.
04/09/2013 Appellant Reply Brief
03/11/2013 Appellee Brief for the Appellee
02/08/2013 Appellant Appellant Opening Brief
11/01/2012 Appellant Statement of Issues to Be Raised
11/01/2012 Appellant Statement of Intent Re Deferred Joint Appendix
11/01/2012 Appellant Underlying Decision
10/04/2012 Appellant DOCKETING STATEMENT FILED [1398009] by Stephen Dearth and Second Amendment Foundation, Inc. [Service Date: 10/04/2012 ] [12-5305] (Gura, Alan)
10/04/2012 Appellant ENTRY OF APPEARANCE filed [1398007] by Alan Gura on behalf of Appellants Stephen Dearth and Second Amendment Foundation, Inc.. [12-5305] (Gura, Alan)
10/03/2012 Appellee ENTRY OF APPEARANCE filed [1397958] by Anisha S. Dasgupta and co-counsel Michael S. Raab on behalf of Appellee Eric H. Holder, Jr.. [12-5305] (Dasgupta, Anisha)
10/02/2012 Court CLERK’S ORDER filed [1397655] directing party to file initial submissions: APPELLANT docketing statement due 11/01/2012. APPELLANT certificate as to parties, etc. due 11/01/2012. APPELLANT statement of issues due 11/01/2012. APPELLANT underlying decision due 11/01/2012. APPELLANT deferred appendix statement due 11/01/2012. APPELLANT notice of appearance due 11/01/2012. APPELLANT transcript status report due 11/01/2012. APPELLANT procedural motions due 11/01/2012. APPELLANT dispositive motions due 11/16/2012; directing party to file initial submissions: APPELLEE certificate as to parties, etc. due 11/01/2012. APPELLEE entry of appearance due 11/01/2012. APPELLEE procedural motions due 11/01/2012. APPELLEE dispositive motions due 11/16/2012 [12-5305]
10/02/2012 Court USCA Case Number 12-5305 for 44 Notice of Appeal to DC Circuit Court, filed by STEPHEN DEARTH, SECOND AMENDMENT FOUNDATION, INC. (rdj) (Entered: 10/02/2012)
09/28/2012 Appellant Notice of Appeal
09/28/2012 Court  US Civil Case Docketed
09/28/2012 Court Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re 44 Notice of Appeal to DC Circuit Court. (rdj) (Entered: 09/28/2012)
09/27/2012 Plaintiff NOTICE OF APPEAL TO DC CIRCUIT COURT re 41, 42, & 43 by STEPHEN DEARTH, SECOND AMENDMENT FOUNDATION, INC.. Filing fee $ 455, receipt number 0090-3083684. Fee Status: Fee Paid. Parties have been notified. (Gura, Alan) Modified on 9/28/2012 to add linkage (rdj). (Entered: 09/27/2012)
09/27/2012 Court Judgment in favor of the Defendant Eric H Holder Jr against Plaintiffs
09/27/2012 Court Order Re Motions for Summary Judgment
09/27/2012 Court Opinion
02/01/2012 Defendant Defendant’s Reply in Support of MSJ
12/30/2011 Plaintiffs Reply to Defendant’s’ Opposition to MSJ
11/21/2011 Defendant Motion for Judgment on the Pleadings or in the Alternative Motion for Summary Judgment and Opposition to Motion for Summary Judgment
10/14/2011 Plaintiffs Plaintiffs’ Motion for Summary Judgment
08/23/2011 Court Minute Entry for proceedings held before Judge Robert L. Wilkins: Scheduling Conference held and concluded on 8/23/2011. Maxwell Hodgkins is dismissed as a Plaintiff in this case. Scheduling Order to be issued by the Court. (Court Reporter Rebecca Stonestreet) (tcb) (Entered: 08/24/2011)
07/26/2011 Court MINUTE ORDER: A Scheduling Conference is hereby set for August 23, 2011 at 10:30 a.m. in Courtroom 17. No later than August 19, 2011, the parties shall file their Report of Parties Planning Meeting, pursuant to Rule 26(f) of the Federal Rules of Civil Procedure. Additionally, not later than August 19, 2011, the parties shall file a joint written report, not longer than five pages in length, containing a succinct statement regarding each of the following: (1) a summary of the case; (2) a summary of any discovery taken thus far; (3) whether either party anticipates filing a new or an additional dispositive motion; and (4) whether either party feels mediation would be beneficial to resolution of the case.Signed by Judge Robert L. Wilkins on 7/26/11. (lcrlw1, ) (Entered: 07/26/2011)
06/20/2011 Defendant Answer to Complaint
06/20/2011 Defendant NOTICE OF SUBSTITUTION OF COUNSEL by Daniel Riess on behalf of ERIC HOLDER Substituting for attorney John R. Coleman (Riess, Daniel) (Entered: 06/20/2011)
06/7/2011 Court Case reassigned to Judge Robert L. Wilkins. Judge James Robertson no longer assigned to the case. (ds) (Entered: 06/07/2011)
06/6/2011 Court Mandate
07/22/2010 Court Order of USCA Re Notice of Appeal
03/8/2010 Court USCA Case Number 10-5062 for Notice of Appeal, filed by STEPHEN DEARTH, SECOND AMENDMENT FOUNDATION, INC., MAXWELL HODGKINS. (rdj) (Entered: 03/08/2010)
3/3/2010 Plaintiff NOTICE OF APPEAL as to Memorandum & Opinion, Order on Motion to Dismiss/Lack of Jurisdiction by STEPHEN DEARTH, MAXWELL HODGKINS, SECOND AMENDMENT FOUNDATION, INC.. Filing fee $ 455, receipt number 0090-2112142. Fee Status: Fee Paid. Parties have been notified. (Gura, Alan) (Entered: 03/03/2010)
1/5/2010 Court Order Granting Motion to Dismiss
7/20/2009 Defendant Reply to Opposition to Motion to Dismiss
7/10/2009 Plaintiffs Opposition to Motion to Dismiss
6/26/2009 Defendant Motion to Dismiss for Lack of Jurisdiction
3/27/2009 Plaintiffs Complaint