Sig Sauer v. BATFE (New Hampshire)

U.S. District Court
District of New Hampshire (Concord)
CIVIL DOCKET FOR CASE #: 1:14-cv-00147-PB

Sig Sauer, Inc. v. US Bureau of Alcohol, Tobacco, Firearms and Explosives, Director
Assigned to: Judge Paul J. Barbadoro
Cause: 05:702 Administrative Procedure Act
Date Filed: 04/07/2014
Jury Demand: None
Nature of Suit: 899 Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Jurisdiction: U.S. Government Defendant

Summary/Issues: Challenges BATFE regulations that new barrel design is actually silencer/supressor (when in actuallity is a muzzle brake).

Filing DateFiling PartyDocument Description
USDC – New Hampshire
 12/7/2015AppellantBrief for Appellant Sig Sauer, Inc
3/3/2015CourtENDORSED ORDER granting # 25 Motion to Amend 15 Administrative Record-Generic. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro.(jna)
3/2/2015PlaintiffAssented To Motion To Amend The Administrative Record
3/2/2015DefendantDefendant’s Reply to Plaintiff’s Objection to Defendant’s Motion for Summary Judgment
2/27/2015PlaintiffReply Memorandum In Support of Plaintiff’s Motion for Summary Judgment and Request for Oral Argument
2/11/2015DefendantDefendant’s Memorandum In Objection to Plaintiff’s Motion for Summary Judgment
2/10/2015DefendantAssented -To Motion for Leave to Late File Defendant’s Objection to Plaintiff’s Motion for Summary Judgment
2/9/2015PlaintiffPlaintiff’s Objections to Defendant’s Motion for Summary Judgment
1/9/2015PlaintiffPlaintiff’s Motion for Summary Judgment and Request for Oral Argument
1/9/2015DefendantDefendant’s Motion for Summary Judgment
12/15/2014DefendantIndex to Administrative Record
12/12/2014CourtTRIAL NOTICE: Bench Trial set for the two-week period beginning 6/2/2015 09:00 AM before Judge Paul J. Barbadoro. Final Pretrial Conference set for 5/22/2015 02:00 PM before Judge Paul J. Barbadoro. Pretrial Statements due 5/4/2015. LR 16.2(d) Objections due 5/18/2015. Summary Judgment Motions due by 1/9/2015.(js)
12/12/2014CourtENDORSED ORDER approving in part 16 Discovery Plan. Case Track: Administrative. PRETRIAL CONFERENCE CANCELLED. Text of Order: Approved and adopted as a pretrial scheduling order with the following modifications: The parties shall file an agreed-upon index to supplement the administrative record on or before the date that both parties have filed their summary judgment motions. Trial: To the extent this case is not fully resolved on cross motions for summary judgment, trial is scheduled for the two week period beginning June 2, 2015. The pretrial conference scheduled for December 16, 2014 is cancelled. So Ordered by Magistrate Judge Andrea K. Johnstone. Summary Judgment Motions due by 1/9/2015. Miscellaneous Deadline set for 1/9/2015.(js)
12/2/2014PlaintiffReport of Parties’ Planning Meeting Fed. R. Civ. P. 26(f), LR 26.1
11/13/2014CourtNOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 12/16/2014 11:30 AM before Magistrate Judge Andrea K. Johnstone. Follow up on Discovery Plan 12/10/2014. Please note pursuant to Title 28 USC 636(c) and Local Rule 73.1, the parties may consent to have the case reassigned to the Magistrate Judge, but are free to withhold consent without adverse consequences.(kad)
11/3/2014CourtAdministrative Record filed by US Bureau of Alcohol, Tobacco, Firearms, and Explosives, Director. Administrative Record maintained conventionally in Clerks Office.(mxm)
11/3/2014DefendantNotice of Conventional Filing of Administrative Record
10/21/2014CourtENDORSED ORDER granting 12 Motion to Extend Time To File Administrative Record. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro. Miscellaneous Deadline set for 11/3/2014.(jna)
10/20/2014DefendantAnswer to Plaintiff’s First Amended Complaint
10/20/2014DefendantAssented-To Defendant’s Motion to Extend the Time in Which to File the Administrative Record to, and Including, November 3, 2014
10/6/2014PlaintiffFirst Amended Complaint
9/10/2014CourtENDORSED ORDER granting 10 Motion to Continue and Extend Deadlines. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro.(jna)
9/9/2014DefendantJoint Motion to Extend The Stay of Litigation and Amend Schedule
6/9/2014CourtENDORSED ORDER granting 9 Motion to Stay. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro.(jna)
6/9/2014PlaintiffParties’ Joint Motion for Approval of Proposed Order to Stay Litigation Pending Reconsideration by the Defendant of Muzzle Device Classification
5/23/2014CourtReturn of Service Executed as to US Bureau of Alcohol, Tobacco, Firearms, and Explosives, Director by Sig Sauer, Inc. Served/Mailed on 5/1/2014. Answer Follow Up on 7/7/2014.(vln)
5/23/2014CourtNOTICE of ECF Filing Error re: 8 Affidavit of Service, filed by Sig Sauer, Inc. Filer used the wrong event. Filer should have used Service of Process / Return of Service as to USA. NO ACTION REQUIRED – FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge’s case manager at 603-226-7733.(vln)
5/21/2014PlaintiffAffidavit of Service of Process
5/21/2014PlaintiffNotice of Appearance of Counsel for Sig Sauer Inc.
4/15/2014PlaintiffSummons Executed  Summons(es) issued electronically as to US Bureau of Alcohol, Tobacco, Firearms, and Explosives, Director. NOTICE: Counsel shall print and serve the summons(es) and all attachments in accordance with Fed. R. Civ. P. 4. (Attachments: # 1 ECF Notice)
4/15/2014PlaintiffSummon Executed  REQUEST FOR ISSUANCE OF SUMMONS/WAIVER by All Plaintiffs (Attachments: # 1 Summons – Waiver Additional Summons)(Rouvalis, Mark)
4/9/2014CourtENDORSED ORDER granting 4 Motion to Appear Pro Hac Vice. Text of Order: Granted on the condition that Stephen P. Halbrook complete an online ECF Registration Form within 10 days. So Ordered by Judge Paul J. Barbadoro. ECF Registration Deadline set for 4/24/2014.To access the online registration form, click HEREPersons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE.  
4/8/2014CourtNOTICE of ECF Filing Error re: 4 MOTION for Stephen P. Halbrook to Appear Pro Hac Vice filed by Sig Sauer, Inc. Consistent with Supplemental Rules of Electronic Case Filing, affidavits prepared in the context of the litigation shall be filed in electronically converted PDF format and shall contain a /s/ signature for both the signator and the notary/jurat. NO ACTION REQUIRED – FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge’s case manager at 603-225-1423.
4/8/2014PlaintiffPlaintiff’s Motion for Admission Pro Hac Vice of Stephen P. Halbrook
4/8/2014PlaintiffCorporate Disclosre Statement of Sig Sauer Inc.
4/8/2014CourtSummon Executed
4/8/2014CourtORDER REGARDING VISITING ATTORNEY: The Local Rules for the District of New Hampshire provide that an attorney may, at the discretion of the court, on motion by a member of our bar, be permitted to practice before this court in a particular action. Any attorney so admitted shall at all times be associated with a member of the bar of this court. Our records indicate that no motion for pro hac vice admission of Stephen P. Halbrook, Esq., has been received. Unless said motion with the required fee is filed within thirty (30) days, the case may be referred to a judicial officer for appropriate action. ORDER Signed by Daniel J. Lynch, Clerk of Court. Notice of Compliance Deadline set for 5/12/2014.
4/8/2014CourtNOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format.Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE.
4/8/2014CourtCase assigned to Judge Paul J. Barbadoro. The case designation is: 1:14-cv-147-PB. Please show this number with the judge designation on all future pleadings.
4/7/2014PlaintiffCivil Cover Sheet
4/7/2014PlaintiffSummons
4/7/2014PlaintiffComplaint