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

 

Filing Date Filing Party Document Name Document Description
02/19/2015 Plaintiff in the Lycurgan v Jones cas Certificate 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
02/19/2015 Plaintiff in the Lycurgan v Jones cas Declaration of Scott A McMillan Declaration of Scott A. McMillan in Support of Lycurgan, Inc.’s Opposition to Defendant United States’ Motion to Stay Proceedings
02/19/2015 Plaintiff in the Lycurgan v Jones cas Declaration of Dimitrios Karras Declaration of Dimitrios Karras in Support of Lycurgan, Inc.’s Opposition to Defendant United States’ Motion to Stay Proceedings
02/19/2015 Plaintiff in the Lycurgan v Jones case Opposition  Plaintiff Lycurgan, Inc’s Memorandum of Points and Authorities in Opposition to Defendant United States’ Motion to Stay Proceedings
01/30/2015 Court in the Lycurgan v Jones case Order  Order Granting Defendant’s Ex Parte Motion for Extension of Time to Respond to Complaint
01/30/2015 Court in the Lycurgan v Jones case Amended Summons  Amended Summons in a Civil Motion
01/30/2015 Defendant in the Lycurgan v Jones case Defendant’s Reply  Defendant’s Reply in Support of Ex Parte Motion for Extension of Time to Respond to Complaint
01/28/2015 Plaintiffs in the Lycurgan v Jones case Plaintiff’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
 01/27/2015 Defendant in the Lycurgan v Jones case Declaration 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
 01/26/2015 Defendant in the Lycurgan v. Jones case Defendant’s Ex Parte Motion  Defendant’s Ex Parte Motion for Extension of Time to File Response to Complaint
01/23/2015 Court in the Lycurgan v. Jones case Order  Order Setting Briefing Schedule
01/21/2015 Defendant in the Lycurgan v. Jones case Proof 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
01/21/2015 Defendant in the Lycurgan v. Jones case Exhibit 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
 01/21/2015 Defendant in the Lycurgan v. Jones case Exhibit 1 to Motion to Stay  Exhibit 1 to Defendant’s Motion to Stay: CalRifle Complaint
 01/21/2015 Defendant in the Lycurgan v. Jones case Memorandum of Points and Authorities   Defendant’s Memorandum of Points and Authorities in Support of Defendant’s Motion to Stay Proceedings
 01/21/2015 Defendant in the Lycurgan v. Jones case Notice of Motion and Motion  Defendant’s Notice of Motion and Motion to Stay Proceedings
 01/14/2015 Defendant in the Lycurgan v. Jones case Proof of Service  Proof of Service of Notice of Appearance of Lisa A. Olson as Counsel for the United States
 01/14/2015 Defendant in the Lycurgan v. Jones case Notice of Appearance   Notice of Appearance of Lisa A. Olson as Counsel for the United States
 12/23/2014 Court in the Lycurgan v. Jones case Order  ORDER Granting Joint Motion for Extension of Time to Respond to Plaintiff’s First Amended Complaint
 12/22/2014 Parties in the Lycurgan v. Jones case Proof of Service  Proof of Service of Joint Motion for Extension of Time to Respond to First Amended Complaint
 12/22/2014 Parties in the Lycurgan v. Jones case Joint Motion  Joint MOTION for Extension of Time to Respond to Plaintiff’s First Amended Complaint
 12/17/2014 Plaintiff in the Lycurgan v. Jones case First Amended Complaint First Amended Complaint for Damages; Deprivation of Civil Rights (Bivens Action); Injunctive and Declaratory Relief; Jury Trial Demand
 12/17/2014 Court in the Lycurgan v. Jones case Order Order Granting Motion for Leave to File Supplemental Amended Complaint
 12/05/2014 Court in the Lycurgan v. Jones case Order Order vacating motion hearing set for December 12, 2014 and taking the matter under submission without oral argument.
10/29/2014 Court in the Lycurgan v. Jones case Order (1) Granting Joint Motion to Continue Hearing on Plaintiff’s Motion to File an Amended Complaint; (2) Setting New Hearing Date ORDER (1) Granting Joint Motion to Continue Hearing on Plaintiff’s Motion to File an Amended Complaint; (2) Setting New Hearing Date
10/28/2014 All Parties in the Lycurgan v. Jones case Proof of Service PROOF OF SERVICE re Joint Motion to Continue Hearing on Plaintiff’s Motion to File an Amended Complaint
10/28/2014 All Parties in the Lycurgan v. Jones case Joint Motion Joint 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.
 10/23/2014 Plaintiffs in the Lycurgan v. Jones case Reply to Opposition REPLY to Response to Motion re MOTION to Amend/Correct Complaint filed by Lycurgan Inc.
 10/16/2014 Defendants in the Lycurgan v. Jones case Response in Opposition RESPONSE in Opposition re 35 MOTION to Amend/Correct Complaint, filed by B. Todd Jones.
 9/22/2014 Plaintiffs in the Lycurgan v. Jones case Motion to Amend Complaint MOTION 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 Court Notice of Parties with Financial Interest NOTICE of Party With Financial Interest by Lycurgan Inc. with Certificate of Service (Volk, Michelle)
9/19/2014  The Court Notice of Document Discrepancies and Order Thereon Notice 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.
9/18/2014 Plaintiffs 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 Court Order Granting Emergency Ex-Parte Motion ORDER 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.
9/04/2014 Plaintiffs in the Lycurgan v. Jones case Emergency Motion for an Extension of Time to File Emergency 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 Court Order Granting Plaintiff’s Emergency Ex-Parte Motion ORDER 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.
8/27/2014 Plaintiffs in the Lycurgan v. Jones case Emergency Motion for Extension of Time Emergency MOTION for Extension of Time to Amend Order on Motion to Stay, by Lycurgan Inc.
8/27/2014 Plaintiffs in the Lycurgan v. Jones case Notice of Appearance NOTICE 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 Court Order Granting Joint Motion for an Agreed Order ORDER 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.
7/08/2014 Plaintiffs in the Lycurgan v. Jones case Notice of Withdrawal of Document NOTICE OF WITHDRAWAL OF DOCUMENT by Lycurgan Inc. re Joint MOTION to Stay filed by Lycurgan Inc.
7/08/2014 Plaintiffs in the Lycurgan v. Jones case Joint Motion to Stay Joint MOTION to Stay by Lycurgan Inc..
7/08/2014 Plaintiffs in the Lycurgan v. Jones case Document Withdrawn **Document Withdrawn** Joint MOTION to Stay by Lycurgan Inc.
6/19/2014  The Court Order Granting Ex-Parte Motion to Withdraw as Counsel ORDER 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.
6/13/2014 Plaintiffs in the Lycurgan v. Jones case Motion to Withdraw as Attorney MOTION to Withdraw as Attorney for Lycurgan Inc. by Lycurgan Inc..
6/12/2014  The Court Order ORDER: (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.
6/11/2014 Plaintiffs in the Lycurgan v. Jones case Motion to Withdraw Consent for Extension

Motion to Withdraw Consent for Extension and For Production of Documents

6/09/2014 Defendants in the Lycurgan v. Jones case Joint Motion for Extension of Time to Answer Joint MOTION for Extension of Time to File Answer by B. Todd Jones
5/15/2014 80% Receiver Analysis for Forfeiture
4/21/2014 Plaintiffs in the Lycurgan v. Jones case Certificate of Service for Eric Holder CERTIFICATE 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.
4/21/2014 Plaintiffs in the Lycurgan v. Jones case Certificate of Service for B. Todd Jones CERTIFICATE 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.
4/08/2014 ATF/FTB letter to previous EP Armory attorney
4/04/2014 Plaintiffs in the Lycurgan v. Jones case Summons Returned Summons Returned Executed by Lycurgan Inc.. B. Todd Jones served
4/02/2014 Not filed with a court Hearing with ATF Director  Background Information Only
4/02/2014 Not filed with a court Rep. Darrell Issa Holds A Hearing on ATF Investigative Techniques  Background Information Only
 3/31/2014  Not filed with a court Reference: Building Your Own Firearm Excerpt 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 court Reference: Definition of a “Firearm” under federal law Excerpt from Firearms Law Deskbook by Stephen A. Halbrook on the definition of a firearm under federal law.
 3/19/2014  The Court Order Granting Joint Motion Court Order in Lycurgan, Inc. v. Jones taking preliminary injunction hearing off calendar.
 3/19/2014 Plaintiffs in the Lycurgan v. Jones case Joint Motion to Take Hearing On Preliminary Injunction Off Calendar and Granting Leave to File an Amended  Complaint Joint 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.
 3/18/2014 Plaintiffs in the Lycurgan v. Jones case Notice of Association of CounselNotice of Association of Counsel Notice of new lawyers For Ares Armor filed in Lycurgan, Inc. v. Jones.
 3/17/2014  Defendant in Lycurgan v. Jones Opposition to Plaintiffs’ Motion for Temporary Restraining Order ATF’s opposition to Ares Armor’s TRO request filed in the case of Lycurgan, Inc. v. Jones.
 3/14/2014  The Court Summons Executed Summons in Lycurgan, Inc. v. Jones.
 3/14/2014  The Court Order Extending Injunction to Prevent Divestment of Subject Matter of Temporary Restraining Order Revised 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. Jones Ex Parte Application for Order ATF’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. Jones ATF Attorney Paul Ware’s Declaration Declaration 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 Court Order Granting Temporary Restraining Order Order in Lycurgan, Inc. v. Jones enjoining the ATF from seizing property from Ares Armor.
 3/11/2014  The Court Summons in a Civil Action Initial summons in the case of Lycurgan, Inc. v. Jones.
 3/11/2014 Plaintiffs in the Lycurgan v. Jones case Motion for Temporary Restraining Order Ares 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
 3/11/2014 Plaintiffs in the Lycurgan v. Jones case Complaint Ares Armor’s Complaint for deprivation of civil rights, declaratory and injunctive relief in the case of Lycurgan, Inc. v. Jones.
 3/10/2014 Dimitrios Karras’ Declaration Declaration 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.
 3/04/2014 Letter to ATF/FTB from EP Armory, March 2014 Letter to ATF from former EP Armory Attorney explaining misunderstanding about manufacturing process for polymer precursor receiver.
 2/07/2014 ATF/FTB letter to previous EP Armory attorney, February 2014 Letter from ATF/FTB opining that the polymer precursor receiver is considered a “firearm” under federal law.
7/20/2013 Letter to ATF/FTB from EP Armory, July 2013 Letter to ATF from EP Armory former Attorney requesting the ATF determine if the polymer precursor receiver is a firearm.
7/15/2013 Reference Material ATF Opinion Letter Informative ATF Opinion letter to 80 Percent Arms determining that partially completed metallic AR-type receiver is not a “firearm.” For background information only.
10/07/2013 Reference Material Affidavit of ATF Special Agent Jerry Donn Re Cortez Case Informative 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.
3/16/2010 ATF Opinion Letter Informative 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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