Binderup v. Holder

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

Court of Appeals Docket: #14-4549
Docketed: 11/26/2014
Nature of Suit:2440 Other Civil Rights
Daniel Binderup v. Attorney General United States
Appeal From:United States District Court for the Eastern District of Pennsylvania

Summary/Issues: Challenges 922(g)(1) prohibiting individuals convicted of a crime punishable by more than 1 year in prison.

Third Circuit Court of Appeals

You can view the U. S. Supreme Court Docket Here: Binderup v. Holder

Filing Date Filing Party Document Description
    U. S. Supreme Court 
11/21/2016  Court  Application (16A510) granted by Justice Alito extending the time to file until January 5, 2017.
11/21/2016  Petitioner  Application (16A510) to extend the time to file a petition for a writ of certiorari from December 6, 2016 to January 5, 2017, submitted to Justice Alito.      
    Third Circuit Court of Appeals
1/6/2017 Court  NOTICE from U.S. Supreme Court. Petition for Writ of Certiorari filed by Attorney General United States of America on 01/05/2016 and placed on the docket on 01/05/2017. Supreme Court Case No. 16-847.
12/1/2016 Court U.S. Supreme Court Letter dated 11/21/2016 granting Appellant/Cross- Appellee Attorney General United States of America in 14-4549, & 14-4550 an extension of time to and including 01/05/2017 to file petition for writ of certiorari. Supreme Court Application No. 16A510.
10/31/2016 Court Mandate
9/7/2016 Court Judgment
9/7/2016 Court Precendential Opinion
7/8/2016 Appellee Appellees Supplemental Brief
7/8/2016 Appellant Supplemental Brief for The Appellants 
7/7/2016 Amicus Supplemental Brief as Requested by the Court on June 28, 2016 for National Rifle Association of America as Amicus Curiae
6/28/2016 Court Court Order Requesting Supplemental Briefing
6/14/2016 Appellant Appellants Response to Citation of Supplemental Authority
6/8/2016 Appellee Appellee Citation of Supplemental Authority
6/1/2016 Court Court Minutes
6/1/2016 Court ARGUED on Wednesday, June 01, 2016. Panel: MCKEE, Chief Judge, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, HARDIMAN, GREENAWAY JR., VANASKIE, SHWARTZ, KRAUSE, RESTREPO, *NYGAARD and *ROTH, Circuit Judges. Alan Gura arguing for Appellee Daniel Binderup; Alan Gura arguing for Appellant Daniel Binderup; Alan Gura arguing for Appellee Julio Suarez; Alan Gura arguing for Appellant Julio Suarez; Patrick Nemeroff arguing for Appellant Attorney General United States of America;Patrick Nemeroff arguing for Appellee Attorney General United States of America; Patrick Nemeroff arguing for Appellant Attorney General United States of America; Patrick Nemeroff arguing for Appellee Attorney General United States of America. [14-4549, 14-4550, 15-1975, 15-1976] *(Judges Nygaard and Roth will be present for the consolidated argument, but their participation is limited to the appeals at Nos. 14-4549 and 14-4550 pursuant to 3d. Cir. I.O.P. 9.6.4.)
5/27/2016 Court Clerk Letter re Constitutional Challenge
5/23/2016 Appellee Acknowledgment and Designation of Arguing Counsel for Appellees
5/23/2016 Appellant Acknowledgment and Designation of Arguing Counsel for Appellants
5/19/2016 Appellee Supplemental Brief of Appellees Cross Appellants
5/19/2016 Appellant Supplemental Brief for the Appellants
5/17/2016 Amicus Supplemental Brief as Requested by the Court on May 9, 2016 for National Rifle Association of America as Amicus Curiae
5/9/2016 Court Court Order Requesting Supplemental Briefing
5/4/2016 Court HARD COPY RECEIVED from Amicus Curiae National Rifle Association of America in 14-4549, 14-4550 – Amicus Brief. Copies: 25. Purpose: Rehearing En Banc.
4/29/2016 Court HARD COPY RECEIVED from Appellee Daniel Binderup in 14-4549, Appellant Daniel Binderup in 14-4550 – Reply Brief. Copies: 23. Purpose: Rehearing En Banc.
4/29/2016 Court HARD COPY RECEIVED from Appellee Daniel Binderup in 14-4549, Appellant Daniel Binderup in 14-4550 – Brief. Copies: 23. Purpose: Rehearing En Banc.
4/29/2016 Court HARD COPY RECEIVED from Appellants Attorney General United States of America and Director Bureau of Alcohol Tobacco Firearms & Explosives in 14-4549, Appellees Attorney General United States of America and Director Bureau of Alcohol Tobacco Firearms & Explosives in 14-4550 – Joint Appendix. Copies: 12. Volumes: 2 (Volume I attached to Brief). Purpose: Rehearing En Banc.
4/29/2016 Court HARD COPY RECEIVED from Appellants Attorney General United States of America and Director Bureau of Alcohol Tobacco Firearms & Explosives in 14-4549, Appellees Attorney General United States of America and Director Bureau of Alcohol Tobacco Firearms & Explosives in 14-4550 – 3rd Step Response/Reply Brief. Copies: 23. Purpose: Rehearing En Banc.
4/29/2016 Court HARD COPY RECEIVED from Appellants Attorney General United States of America and Director Bureau of Alcohol Tobacco Firearms & Explosives in 14-4549, Appellees Attorney General United States of America and Director Bureau of Alcohol Tobacco Firearms & Explosives in 14-4550 – Brief with Volume I of Appendix attached. Copies: 23. Purpose: Rehearing En Banc.
4/26/2016 Court Oral Argument Notification for Wednesday, 06/01/2016.
4/26/2016 Court Order Consolidating Cases
4/22/2016 Court CLERK LETTER SENT to all counsel of record requesting additional copies of briefs and appendices for the purposes of en banc rehearing.
4/21/2016 Court Sua Sponte Ordering Rehearing En Banc
2/24/2016 Court STATE COURT RECORD returned. 1 jacket.
2/18/2016 Court STATE COURT RECORD received.
7/9/2015 Court COURT MINUTES OF ARGUED/SUBMITTED CASES.
7/9/20105 Court ARGUED on Thursday, July 09, 2015. Panel: FUENTES, NYGAARD and ROTH, Circuit Judges. Alan Gura arguing for Appellee Daniel Binderup; Alan Gura arguing for Appellant Daniel Binderup; Patrick Nemeroff arguing for Appellant Attorney General United States of America; Patrick Nemeroff arguing for Appellee Attorney General United States of America.
6/29/2015 Court HARD COPY RECEIVED from Appellee Daniel Binderup in 14-4549, Appellant Daniel Binderup in 14-4550 – Reply Brief. Copies: 7.
6/26/2015 Appellant Reply and Response Brief For The Appellants
6/24/2015 Court Renewed Notice of Oral Argument Calendared for Thursday, 7.9.2015
6/16/2015 Court TEXT ONLY ORDER (Clerk) granting unopposed motion for extension of time to file reply brief filed by Appellee/Cross-Appellant Daniel Binderup. Appellee/Cross-Appellant’s reply brief must be filed on or before 06/26/2015, filed.
6/11/2015 Appellee Unopposed Renewed Motion For A Four-Day Extension
6/4/2015 Court HARD COPY RECEIVED from Appellants Attorney General United States of America and Director Bureau of Alcohol Tobacco Firearms & Explosives in 14-4549, Appellees Attorney General United States of America and Director Bureau of Alcohol Tobacco Firearms & Explosives in 14-4550 – Reply Brief. Copies: 7.
6/3/2015 Appellant Appellants Acknowledgment and Designation of Arguing Counsel
6/3/2015 Appellant Reply and Response Brief For The Appellants
5/18/2015 Appellee Appellees Acknowledgment and Designation of Arguing Counsel
5/15/2015 Court TEXT ONLY ORDER (Clerk) No action will be taken on the Motion by Appellee/Cross-Appellant for Extension of Time to File Fourth-Step Brief. The deadline for filing Appellee/Cross-Appellant’s fourth-step brief will be established from the date of service of Appellant/Cross-Appellee’s third-step brief. If Appellee/Cross-Appellant requires additional time beyond the date established once the third-step brief is served, he may file a renewed motion for extension of time.
5/13/2015 Court Oral Argument Calendared for Thursday, 7.9.2015
5/11/2015 Appellee Unopposed Motion for A Four-Day Extension
4/27/2015 Court ECF FILER: LETTER from Attorney Patrick Nemeroff, Esq. for Appellants Director Bureau of Alcohol Tobacco Firearms & Explosives and Attorney General United States of America in 14-4549. Counsel is unavailable for the following dates: 07/13/2015, 07/14/2015, 07/16/2015, 07/17/2015.
4/21/2015 Court TEXT ONLY ORDER (Clerk) granting Motion for extension of time to file reply brief filed by Appellants/Cross-Appellees Director Bureau of Alcohol Tobacco Firearms & Explosives and Attorney General United States of America. Appellants/Cross-Appellees reply brief must be filed and served on or before June 3, 2015, filed.
4/8/2015 Court HARD COPY RECEIVED from Amicus Curiae National Rifle Association of America in 14-4549, 14-4550 – Amicus Brief. Copies: 7.
4/6/2015 Amicus Brief for National Rifle Association of America As Amicus Curiae In Support of Plaintiff-Appellee
4/2/2015 Court ECF FILER: ENTRY OF APPEARANCE from Stefan B. Tahmassebi on behalf of Amicus Curiae National Rifle Association of America. 
4/2/2015 Amicus Corporate Disclosure Statement and Statement of Financial Interest
3/31/2015 Court HARD COPY RECEIVED from Appellee Daniel Binderup in 14-4549, Appellant Daniel Binderup in 14-4550 – Brief. Copies: 7.
3/30/2015 Appellee Brief for the Appellee-Cross-Appellant
3/30/2015 Appellee Unopposed Motion for Extension of Time In Which to File Brief for Appellee
 3/24/2015 Court ECF FILER: ENTRY OF APPEARANCE from Abby C. Wright on behalf of Appellant(s) Eric H. Holder, Jr. and B. Todd Jones. 
2/20/2015 Court HARD COPY RECEIVED from Appellants/Cross-Appellees Attorney General United States of America and Director Bureau of Alcohol Tobacco Firearms & Explosives in 14-4549 & 14-4550 – Brief with Volume I of Appendix attached. Copies: 7.
2/20/2015 Court HARD COPY RECEIVED from Appellants Attorney General United States of America and Director Bureau of Alcohol Tobacco Firearms & Explosives in 14-4549, Appellees Attorney General United States of America and Director Bureau of Alcohol Tobacco Firearms & Explosives in 14-4550 – Joint Appendix. Copies: 4. Volumes: 2 (Volume I attached to Brief).
2/19/2015 Appellant Brief for The Appellants
2/19/2015 Appellant ECF FILER: ELECTRONIC JOINT APPENDIX on behalf of Appellants/Cross-Appellees Attorney General United States of America and Director Bureau of Alcohol Tobacco Firearms & Explosives in 14-4549 & 14-4550, filed. Certificate of service dated 02/19/2015 by ECF. [Entry was spread to 14-4550 by the Clerk’s Office]-
1/20/2015 Court ORDER (Clerk) granting joint motion to revise the briefing schedule. Appellants/Cross-Appellee’s brief and appendix must be filed and served on or before February 19, 2015. Appellee/Cross-Appellant’s brief must be filed and served on or before March 30, 2015, filed.
1/9/2015 Appellant Joint Motion to Revise The Briefing Schedule
12/10/2014 Court Appeal and Cross-Appeal Briefing and Scheduling Order
12/9/2014 Appellant Appellants Transcript Order Form
12/9/2014 Appellant Appellants Civil Appeal Information Statement
12/9/2014 Court Concise Summary of the Case
12/9/2014 Appellant Entry of Appearance for Appellants Attorney Michael S. Raab
12/9/2014 Appellant Entry of Appearance for Appellants Attorney Patrick G. Nemeroff
11/28/2014 Appellee Entry of Appearance for Appellees
11/26/2014 Court RECORD available on District Court CM/ECF. (TMK)
11/26/2014 Court New Civil Case Docketed
11/26/2014 Court NOTICE of Docketing Record on Appeal from USCA re 31 Notice of Appeal filed by B. TODD JONES, ERIC H. HOLDER, JR.. USCA Case Number 14-4549 (sg, ) Modified on 12/1/2014 (lisad, ).
11/26/2014 Court NOTICE of Docketing Record on Appeal from USCA re 32 Notice of Cross Appeal filed by DANIEL BINDERUP. USCA Case Number 14-4550.
11/25/2014 Court USCA Appeal Fees received $ 505 receipt number 111834 re 32 Notice of Cross Appeal filed by DANIEL BINDERUP.
11/21/2014 Court Clerk’s Notice re #32 Notice of Appeal
11/21/2014 Court Clerk’s Notice re #31 Notice of Appeal
11/21/2014 Cross-Appellant Notice of Cross-Appeal
11/21/2014 Appellant Notice of Appeal
10/17/2014 Defendant Objection to Plaintiff’s Bill of Costs
     USDC Pennsylvania
11/26/2014 Court NOTICE of Docketing Record on Appeal from USCA re 31 Notice of Appeal filed by B. TODD JONES, ERIC H. HOLDER, JR.. USCA Case Number 14-4549 (sg, ) Modified on 12/1/2014 (lisad, ).
11/26/2014 Court NOTICE of Docketing Record on Appeal from USCA re 32 Notice of Cross Appeal filed by DANIEL BINDERUP. USCA Case Number 14-4550 (fdc, )
11/25/2014 Court USCA Appeal Fees received $ 505 receipt number 111834 re 32 Notice of Cross Appeal filed by DANIEL BINDERUP (fdc, )
11/21/2014 Court Clerk’s Notice re Notice of Cross Appeals Filing and Docketing Fees
11/21/2014 Court Clerk’s Notice re Notice of Appeal Filing and Docketing Fees
11/21/2014 Plaintiff Notice of Cross-Appeal
11/21/2014 Defendant Notice of Appeal
10/17/2014 Defendant Objection to Plaintiff’s Bill of Costs
10/8/2014 Plaintiff Bill of Costs
9/25/2014 Court Order Granting in Part, Dismissing as Moot in Part, and Denying in Part Defendants Motion to Dismiss
9/25/2014 Court Opinion
6/23/2014 Court Notice of Filing of Official Transcript with Certificate of Service re 25 Transcript – PDF, 6/23/14 Entered and Copies Emailed and Mailed.
6/23/2014 Court TRANSCRIPT of Motions Hearing held on 6/16/14, before Judge Gardner. Court Reporter/Transcriber Veritext National Court Reporting Co. Mid-Atlantic Region. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 7/14/2014. Redacted Transcript Deadline set for 7/24/2014. Release of Transcript Restriction set for 9/22/2014. (fdc)
6/16/2014 Court Minute Entry for proceedings held before HONORABLE JAMES KNOLL GARDNER re: ARGUMENT ON DEFENDANTS’ MOTION TO DISMISS OR FOR SUMMARY JUDGMENT, and PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT was held on 6/16/14. ATTORNEYS for both sides argue motion, COURT deliberates and takes matter under advisement.
6/6/2014 Plaintiff Notice of Supplemental Authority
4/23/2014 Court Rule 16 Status Conference Order
4/22/2014 Court Argument Scheduling Order
4/22/2014 Court Minute Entry for proceedings held before HONORABLE JAMES KNOLL GARDNER re: A Telephonic Rule 16 Scheduling Conference was held on 4/21/14 and was not placed on the record.
4/15/2014 Court Rule 16 Telephone Conference Scheduling Order
4/14/2014 Defendant Combined Opposition to Plaintiff’s Motion for Summary Judgment and Reply in Support of Their Motion to Dismiss or for Summary Judgment
4/14/2014 Court STATUS CONFERENCE SET FOR 4/21/2014 09:15 AM IN JUDGE CHAMBERS BEFORE HONORABLE JAMES KNOLL GARDNER.
4/14/2014 Court Order Granting Unopposed Motion for Extension of Time and Consent Motion for Leave to File Attached Combined Brief
4/10/2014 Defendant Defendants’ Consent Motion for Leave to File Attached Combined Brief
3/18/2014 Defendant Defendants’ Unopposed Motion for Extension of Time to Respond to Plaintiff’s Motion for Summary Judgment
3/10/2014 Plaintiff Plaintiff’s Memorandum of Points and Authorities In Opposition to Defendants’ Motion to Dismiss or for Summary Judgment
3/10/2014 Plaintiff Plaintiff’s Motion for Summary Judgment
3/6/2014 Court Minute Entry for proceedings held before MAGISTRATE JUDGE HENRY S. PERKIN re a Telephonic Settlement Conference was held on 3/6/14 and was not placed on the record
2/20/2014 Defendant Defendants’ Motion to Dismiss or for Summary Judgment
1/23/2014 Court Telephonic Settlement Status Conference Scheduling Order
1/21/2014 Court Order Granting Alan Gura’s Motion for Admission Pro Hac Vice
1/17/2014 Court Referral Order for Settlement Conference
1/15/2014 Court Executed Summons In A Civil Action for B. Todd Jones
1/9/2014 Plaintiff Declaration of Alan Gura
1/9/2014 Plaintiff Motion for Admission Pro Hac Vice
1/9/2014 Court Order Granting Unopposed Motion for Extension of Time to Respond to Complaint
1/9/2014 Defendant Entry of Appearance for Defendants Attorney Annetta Foster Givhan
1/8/2014 Defendant Defendants’ Unopposed Motion for Extension of Time to Respond to the Complaint
11/21/2013 Plaintiff Acceptance of Service by U.S. Attorney
11/21/2013 Plaintiff Civil Cover Sheet
11/21/2013 Court Summons Issued as to ERIC H. HOLDER, JR, B. TODD JONES. Two Forwarded To: Counsel and One Given to AUSA on November 21, 2013
11/21/2013 Plaintiff Complaint