Court Filings and Reference Materials Relating to ATF Investigations on Polymer Pre-cursor Receivers (aka 80% Lowers)

 

Filing DateFiling PartyDocument NameDocument Description
02/19/2015Plaintiff in the Lycurgan v Jones casCertificate of Service  Certificate of Service re: (1) Plaintiff Lycurgan, Inc.’s Memorandum of Points and Authorities in Opposition to Defendant United States’ Motion to Stay Proceedings; (2) Declaration of Dimitrios Karras in Support of Lycurgan, Inc.’s Opposition to Defendant United States’ Motion to Stay Proceedings; and (3) Declaration of Scott A. McMillan in Support of Lycurgan, Inc.’s Opposition to Defendant United States’ Motion to Stay Proceedings
02/19/2015Plaintiff in the Lycurgan v Jones casDeclaration of Scott A McMillanDeclaration of Scott A. McMillan in Support of Lycurgan, Inc.’s Opposition to Defendant United States’ Motion to Stay Proceedings
02/19/2015Plaintiff in the Lycurgan v Jones casDeclaration of Dimitrios KarrasDeclaration of Dimitrios Karras in Support of Lycurgan, Inc.’s Opposition to Defendant United States’ Motion to Stay Proceedings
02/19/2015Plaintiff in the Lycurgan v Jones caseOpposition Plaintiff Lycurgan, Inc’s Memorandum of Points and Authorities in Opposition to Defendant United States’ Motion to Stay Proceedings
01/30/2015Court in the Lycurgan v Jones caseOrder Order Granting Defendant’s Ex Parte Motion for Extension of Time to Respond to Complaint
01/30/2015Court in the Lycurgan v Jones caseAmended Summons Amended Summons in a Civil Motion
01/30/2015Defendant in the Lycurgan v Jones caseDefendant’s Reply Defendant’s Reply in Support of Ex Parte Motion for Extension of Time to Respond to Complaint
01/28/2015Plaintiffs in the Lycurgan v Jones casePlaintiff’s Limited Opposition Plaintiff’s Limited Opposition to Defendant’s Ex Parte Motion for An Extension of Time to Respond to the First Amended Complaint
 01/27/2015Defendant in the Lycurgan v Jones caseDeclaration of Lisa A. Olson Declaration of Lisa A. Olson in Support of Defendant’s Ex Parte Motion for Extension of Time to Respond to Complaint
 01/26/2015Defendant in the Lycurgan v. Jones caseDefendant’s Ex Parte Motion Defendant’s Ex Parte Motion for Extension of Time to File Response to Complaint
01/23/2015Court in the Lycurgan v. Jones caseOrder Order Setting Briefing Schedule
01/21/2015Defendant in the Lycurgan v. Jones caseProof of Service Proof of Service of Defendant’s Notice of Motion and Motion to Stay Proceedings, And Memorandum of Points and Authorities in Support of Defendant’s Motion to Stay Proceedings
01/21/2015Defendant in the Lycurgan v. Jones caseExhibit 2 to Motion to Stay Exhibit 2 to Defendant’s Motion to Stay: CalRifle Memorandum of Points and Authorities in Support of Motion to Dismiss, or Alternatively, for Summary Judgment
 01/21/2015Defendant in the Lycurgan v. Jones caseExhibit 1 to Motion to Stay Exhibit 1 to Defendant’s Motion to Stay: CalRifle Complaint
 01/21/2015Defendant in the Lycurgan v. Jones caseMemorandum of Points and Authorities  Defendant’s Memorandum of Points and Authorities in Support of Defendant’s Motion to Stay Proceedings
 01/21/2015Defendant in the Lycurgan v. Jones caseNotice of Motion and Motion Defendant’s Notice of Motion and Motion to Stay Proceedings
 01/14/2015Defendant in the Lycurgan v. Jones caseProof of Service Proof of Service of Notice of Appearance of Lisa A. Olson as Counsel for the United States
 01/14/2015Defendant in the Lycurgan v. Jones caseNotice of Appearance  Notice of Appearance of Lisa A. Olson as Counsel for the United States
 12/23/2014Court in the Lycurgan v. Jones caseOrder ORDER Granting Joint Motion for Extension of Time to Respond to Plaintiff’s First Amended Complaint
 12/22/2014Parties in the Lycurgan v. Jones caseProof of Service Proof of Service of Joint Motion for Extension of Time to Respond to First Amended Complaint
 12/22/2014Parties in the Lycurgan v. Jones caseJoint Motion Joint MOTION for Extension of Time to Respond to Plaintiff’s First Amended Complaint
 12/17/2014Plaintiff in the Lycurgan v. Jones caseFirst Amended ComplaintFirst Amended Complaint for Damages; Deprivation of Civil Rights (Bivens Action); Injunctive and Declaratory Relief; Jury Trial Demand
 12/17/2014Court in the Lycurgan v. Jones caseOrderOrder Granting Motion for Leave to File Supplemental Amended Complaint
 12/05/2014Court in the Lycurgan v. Jones caseOrderOrder vacating motion hearing set for December 12, 2014 and taking the matter under submission without oral argument.
10/29/2014Court in the Lycurgan v. Jones caseOrder (1) Granting Joint Motion to Continue Hearing on Plaintiff’s Motion to File an Amended Complaint; (2) Setting New Hearing DateORDER (1) Granting Joint Motion to Continue Hearing on Plaintiff’s Motion to File an Amended Complaint; (2) Setting New Hearing Date
10/28/2014All Parties in the Lycurgan v. Jones caseProof of ServicePROOF OF SERVICE re Joint Motion to Continue Hearing on Plaintiff’s Motion to File an Amended Complaint
10/28/2014All Parties in the Lycurgan v. Jones caseJoint MotionJoint MOTION to Continue Hearing on Plaintiff’s Motion to File an Amended Complaint to reschedule hearing to same date as Ares Armor v. Jones, 14-CV-1679 in interest of efficiency.
 10/23/2014Plaintiffs in the Lycurgan v. Jones caseReply to OppositionREPLY to Response to Motion re MOTION to Amend/Correct Complaint filed by Lycurgan Inc.
 10/16/2014Defendants in the Lycurgan v. Jones caseResponse in OppositionRESPONSE in Opposition re 35 MOTION to Amend/Correct Complaint, filed by B. Todd Jones.
 9/22/2014Plaintiffs in the Lycurgan v. Jones caseMotion to Amend ComplaintMOTION to Amend/Correct Complaint, by Lycurgan Inc.. (Attachments: Memo of Points and Authorities In Support of Motion for Leave to File Supplemental/Amended Complaint Pursuant to Federal Rules of Civil Procedure Section 15(d), Declaration of Scott A McMillan In Support of Motion for Leave to File Supplemental/Amended Complaint Pursuant to Federal Rules of Civil Procedure Section 15(d), Proof of Service, Exhibit Proposed First Amended Complaint for Damages; Deprivation of Civil Rights (Bivens Action); Injunctive and Declaratory Relief; Jury Trial Demand, Exhibit ‘A’ to Proposed First Amended Complaint, Exhibit ‘B’ to Proposed First Amended Complaint, Exhibit ‘C’ to Proposed First Amended Complaint, Exhibit ‘D’ to Proposed First Amended Complaint, Exhibit ‘E’ to Proposed First Amended Complaint, Exhibit ‘F’ to Proposed First Amended Complaint, Exhibit ‘G’ to Proposed First Amended Complaint, Exhibit ‘H’ to Proposed First Amended Complaint, Exhibit ‘I’ to Proposed First Amended Complaint, Exhibit ‘J’ to Proposed First Amended Complaint)(McMillan, Scott)
9/19/2014 The CourtNotice of Parties with Financial InterestNOTICE of Party With Financial Interest by Lycurgan Inc. with Certificate of Service (Volk, Michelle)
9/19/2014 The CourtNotice of Document Discrepancies and Order ThereonNotice of Document Discrepancies and Order Thereon by Judge Janis L. Sammartino: Rejecting Document, from Plaintiff Lycurgan Inc., re MOTION to Supplement Complaint by filing a “First Amended Complaint for Damages; Deprivation of Civil Rights (Bivens Action); Injunctive and Declaratory Relief; Jury Trial Demand”. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge Janis L. Sammartino on 9/19/2014.
9/18/2014Plaintiffs in the Lycurgan v. Jones case**Document Stricken****Document Stricken** MOTION to Supplement Complaint by filing a “First Amended Complaint for Damages; Deprivation of Civil Rights (Bivens Action); Injunctive and Declaratory Relief; Jury Trial Demand” by Lycurgan Inc.. (Attachments: Memo of Points and Authorities, Exhibit propopsed First Amended Complaint for Damages; Deprivation of Civil Rights (Bivens Action); Injunctive and Declaratory Relief; Jury Trial Demand, Exhibit ‘A’ – to Complaint, Exhibit ‘B’ – to Complaint, Exhibit ‘C’ – to Complaint, Exhibit ‘D’ – to Complaint, Exhibit ‘E’ – to Complaint, Exhibit ‘F’ – to Complaint, Exhibit ‘G’ – to Complaint, Exhibit ‘H’ – to Complaint, Exhibit ‘I’ – to Complaint, Exhibit ‘J’ – to Complaint)(McMillan, Scott) (jao). (Main Document 32 replaced on 9/19/2014)
9/05/2014 The CourtOrder Granting Emergency Ex-Parte MotionORDER Granting 30 Plaintiff’s Emergency Ex Parte Motion for Extension of Time to Seek Leave to File Amended Complaint. Plaintiff shall file a motion seeking leave to amend the Complaint on or before September 18, 2014. Signed by Judge Janis L. Sammartino on 9/5/2014.
9/04/2014Plaintiffs in the Lycurgan v. Jones caseEmergency Motion for an Extension of Time to FileEmergency MOTION for Extension of Time to File (Emergency Ex-parte Application for an Enlargement of Time in Which to Seek Leave to File Amended Complaint; Declaration of Counsel Thereon.) by Lycurgan Inc..
8/29/2014 The CourtOrder Granting Plaintiff’s Emergency Ex-Parte MotionORDER Granting Plaintiff’s Emergency Ex Parte Motion for Extension of Time to Seek Leave to Amend Complaint. Good cause appearing, the Court grants Plaintiff’s Ex Parte Application. Plaintiff shall file a motion seeking leave to amend the Complaint on or before September 4, 2014. Signed by Judge Janis L. Sammartino on 8/29/2014.
8/27/2014Plaintiffs in the Lycurgan v. Jones caseEmergency Motion for Extension of TimeEmergency MOTION for Extension of Time to Amend Order on Motion to Stay, by Lycurgan Inc.
8/27/2014Plaintiffs in the Lycurgan v. Jones caseNotice of AppearanceNOTICE of Appearance by Scott A McMillan on behalf of Lycurgan Inc. (McMillan, Scott) Attorney Scott A McMillan added to party Lycurgan Inc.
7/11/2014 The CourtOrder Granting Joint Motion for an Agreed OrderORDER Granting Joint Motion For An Agreed Order. This action is hereby stayed and all deadlines tolled until the date on which an order on the related motion to unseal (14-CV-1424, ECF No. 1) is docketed. As stipulated by the parties, within seven (7) days of the docketing of said order, Plaintiff shall apply to the Court for permission to file an amended complaint. Signed by Judge Janis L. Sammartino on 7/11/2014.
7/08/2014Plaintiffs in the Lycurgan v. Jones caseNotice of Withdrawal of DocumentNOTICE OF WITHDRAWAL OF DOCUMENT by Lycurgan Inc. re Joint MOTION to Stay filed by Lycurgan Inc.
7/08/2014Plaintiffs in the Lycurgan v. Jones caseJoint Motion to StayJoint MOTION to Stay by Lycurgan Inc..
7/08/2014Plaintiffs in the Lycurgan v. Jones caseDocument Withdrawn**Document Withdrawn** Joint MOTION to Stay by Lycurgan Inc.
6/19/2014 The CourtOrder Granting Ex-Parte Motion to Withdraw as CounselORDER Granting Ex Parte Motion to Withdraw as Attorney. Attorney Sean Brady and Carl D. Michel terminated. Signed by Judge Janis L. Sammartino on 6/19/2014.
6/13/2014Plaintiffs in the Lycurgan v. Jones caseMotion to Withdraw as AttorneyMOTION to Withdraw as Attorney for Lycurgan Inc. by Lycurgan Inc..
6/12/2014 The CourtOrderORDER: (1) Granting 16 Purported Joint Motion for Extension of Time to Respond to Complaint; and (2) Granting in part and Denying in part 17 Motion to Withdraw Consent for Extension and for Production of Documents. The Court grants in part and denies in part Plaintiff’s Motion. The Court grants Plaintiff’s withdrawal of consent to an extension of Defendants’ time to respond but, in light of the pending related motion to unseal, denies Plaintiff’s request for the production of documents. Furthermore, notwithstanding Plaintiff’s withdrawn support thereof, the Court finds that good cause exists to grant the purported Joint Motion. Defendants shall have up to and including July 9, 2014 to respond to Plaintiff’s Complaint. Signed by Judge Janis L. Sammartino on 6/12/2014.
6/11/2014Plaintiffs in the Lycurgan v. Jones caseMotion to Withdraw Consent for Extension

Motion to Withdraw Consent for Extension and For Production of Documents

6/09/2014Defendants in the Lycurgan v. Jones caseJoint Motion for Extension of Time to AnswerJoint MOTION for Extension of Time to File Answer by B. Todd Jones
5/15/201480% Receiver Analysis for Forfeiture
4/21/2014Plaintiffs in the Lycurgan v. Jones caseCertificate of Service for Eric HolderCERTIFICATE OF SERVICE by Lycurgan Inc. Proof of Service on Eric Holder in his Official Capacity as the Attorney General of the United States for Summons; Complaint; Civil Cover Sheet; Declaration of Dimitrios Karras, CEO Ares Armor, SUMMONS Returned Executed by Lycurgan Inc. B. Todd Jones served.
4/21/2014Plaintiffs in the Lycurgan v. Jones caseCertificate of Service for B. Todd JonesCERTIFICATE OF SERVICE by Lycurgan Inc. Proof of Service on B. Todd Jones in his Official Capacity as Head of the BATFE for Summons; Complaint; Civil Cover Sheet; Declaration of Dimitrios Karras, CEO Ares Armor, SUMMONS Returned Executed by Lycurgan Inc.. B. Todd Jones served.
4/08/2014ATF/FTB letter to previous EP Armory attorney
4/04/2014Plaintiffs in the Lycurgan v. Jones caseSummons ReturnedSummons Returned Executed by Lycurgan Inc.. B. Todd Jones served
4/02/2014Not filed with a courtHearing with ATF Director Background Information Only
4/02/2014Not filed with a courtRep. Darrell Issa Holds A Hearing on ATF Investigative Techniques Background Information Only
 3/31/2014 Not filed with a courtReference: Building Your Own FirearmExcerpt from the book California Gun Laws, Vol. 2 by C.D. Michel on building firearms from precursor receivers. Book available for purchase at www.calgunlawsbook.com
 3/26/2014 Not filed with a courtReference: Definition of a “Firearm” under federal lawExcerpt from Firearms Law Deskbook by Stephen A. Halbrook on the definition of a firearm under federal law.
 3/19/2014 The CourtOrder Granting Joint MotionCourt Order in Lycurgan, Inc. v. Jones taking preliminary injunction hearing off calendar.
 3/19/2014Plaintiffs in the Lycurgan v. Jones caseJoint Motion to Take Hearing On Preliminary Injunction Off Calendar and Granting Leave to File an Amended  ComplaintJoint Motion in Lycurgan, Inc. v. Jones to take the hearing for the preliminary injunction off calendar because ATF had already seized property and customer information that was the subject matter of the injunction, so the issue was moot.
 3/18/2014Plaintiffs in the Lycurgan v. Jones caseNotice of Association of CounselNotice of Association of CounselNotice of new lawyers For Ares Armor filed in Lycurgan, Inc. v. Jones.
 3/17/2014 Defendant in Lycurgan v. JonesOpposition to Plaintiffs’ Motion for Temporary Restraining OrderATF’s opposition to Ares Armor’s TRO request filed in the case of Lycurgan, Inc. v. Jones.
 3/14/2014 The CourtSummons ExecutedSummons in Lycurgan, Inc. v. Jones.
 3/14/2014 The CourtOrder Extending Injunction to Prevent Divestment of Subject Matter of Temporary Restraining OrderRevised order in Lycurgan, Inc. v. Jones, extending the 3/11/2014 TRO to enjoin Ares from transferring or destroying the precursor polymer receivers and declaring that TRO does not enjoin a criminal investigation from going forward.
 3/14/2014 Defendant in Lycurgan v. JonesEx Parte Application for OrderATF’s application in Lycurgan, Inc. v. Jones to revise the 3/11/2014 TRO to enjoin Ares Armor from destroying the property subject of the TRO (the precursor polymer receivers) and to declare that a TRO does not enjoin a criminal investigation.
 3/14/2014 Defendant in Lycurgan v. JonesATF Attorney Paul Ware’s DeclarationDeclaration of legal counsel to ATF in the case of Lycurgan, Inc. v. Jones, reciting events leading to litigation with Ares Armor.
 3/11/2014 The CourtOrder Granting Temporary Restraining OrderOrder in Lycurgan, Inc. v. Jones enjoining the ATF from seizing property from Ares Armor.
 3/11/2014 The CourtSummons in a Civil ActionInitial summons in the case of Lycurgan, Inc. v. Jones.
 3/11/2014Plaintiffs in the Lycurgan v. Jones caseMotion for Temporary Restraining OrderAres Armor’s motion in Lycurgan, Inc. v. Jones, requesting the Court to issue a TRO enjoining the ATF from seizing lawful property and customer information
 3/11/2014Plaintiffs in the Lycurgan v. Jones caseComplaintAres Armor’s Complaint for deprivation of civil rights, declaratory and injunctive relief in the case of Lycurgan, Inc. v. Jones.
 3/10/2014Dimitrios Karras’ DeclarationDeclaration of Dimitrios Karras, CEO of Ares Armor in the case of Lycurgan, Inc. v. Jones, in support of the request for a Temporary Restraining Order.
 3/04/2014Letter to ATF/FTB from EP Armory, March 2014Letter to ATF from former EP Armory Attorney explaining misunderstanding about manufacturing process for polymer precursor receiver.
 2/07/2014ATF/FTB letter to previous EP Armory attorney, February 2014Letter from ATF/FTB opining that the polymer precursor receiver is considered a “firearm” under federal law.
7/20/2013Letter to ATF/FTB from EP Armory, July 2013Letter to ATF from EP Armory former Attorney requesting the ATF determine if the polymer precursor receiver is a firearm.
7/15/2013Reference MaterialATF Opinion LetterInformative ATF Opinion letter to 80 Percent Arms determining that partially completed metallic AR-type receiver is not a “firearm.” For background information only.
10/07/2013Reference MaterialAffidavit of ATF Special Agent Jerry Donn Re Cortez CaseInformative affidavit in a federal criminal case in Sacramento, CA regarding two brothers under investigation for purchasing metallic precursor receivers, finishing them, and selling complete firearms without permits. For background information only.
3/16/2010ATF Opinion LetterInformative ATF Opinion letter to Quentin Laser, LLC determining
that partially machined metallic AR-15 precursor receiver is not a firearm. Letter describes a machining processes that would classify it as a “firearm.” For background information only.

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