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Antonyuk v. Bruen
Case Name: Ivan Antonyuk, Gun Owners of America, Inc., Gun Owners Foundation, and Gun Owners of America New York, Inc. v. Kevin P. Bruen, in his Official Capacity as Superintendent of the New York State Police
Case No.: 1:22-cv-00734-GTS-CFH
| United States District Court, Northern District of New York |
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| Filing Date | Filing Party | Document Description |
| 8/31/2022 | Court | Judgment |
| 8/31/2022 | Court | Decision and Order on Motion for Preliminary Injunction |
| 8/25/2022 | Plaintiffs | Request for Transcript |
| 8/25/2022 | Court | Docket Text: TRANSCRIPT of Proceedings: Motion Hearing held on 8/23/2022 before Judge Glenn T. Suddaby, Court Reporter: Jodi L. Hibbard, Telephone number: (315) 234-8547. IMPORTANT NOTICE – REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk’s Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today’s date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/15/2022. Redacted Transcript Deadline set for 9/26/2022. Release of Transcript Restriction set for 11/23/2022. Notice of Intent to Redact due by 8/30/2022 (jlh, ) (Entered: 08/25/2022) |
| 8/23/2022 | Court | Docket Text: Minute Entry for proceedings held before Chief Judge Glenn T. Suddaby: Motion Hearing held on 8/23/2022 re Plaintiffs’ 9 Motion for Preliminary Injunction filed by Ivan Antonyuk, Gun Owners Foundation, Gun Owners of America New York, Inc., and Gun Owners of America, Inc.. Plaintiffs’ counsel calls Erich M. Pratt as a witness who appears via video through Microsoft Teams. Plaintiffs’ counsel rests on Mr. Pratt’s Declaration filed in this action. Attorney McCartin cross-examines this witness. Re-direct by Plaintiffs’ counsel. 10:55 AM – Plaintiffs’ counsel calls William Robinson as witness. Plaintiffs’ counsel rests on Mr. Robinson’s Declaration filed in this action. Attorney McCartin cross-examines this witness. Re-direct by Plaintiffs’ counsel. 11:07 AM – Plaintiffs’ counsel calls Ivan Antonyuk as a witness. Plaintiffs’ counsel rests on Mr. Antonyuk’s Affidavit filed in this action. Attorney McCartin cross-examines this witness. 11:19 AM – Plaintiffs’ counsel intended to call Kevin Bruen as a witness, however, he is not present for today’s proceeding. Defendant’s counsel was previously advised by the Court that it is their decision as to whether or not Kevin Bruen should be present for this hearing. Chief Judge Suddaby notes that a subpoena can be issued for this witness to testify and today’s hearing can be adjourned, however, Plaintiffs’ counsel no longer requests Kevin Bruen’s appearance. Oral argument is heard by Plaintiffs’ counsel. 11:33 AM – Oral argument is heard by Defendant’s counsel. 12:13 PM – Plaintiffs’ counsel argues in reply to Defendant’s argument. 12:12 PM – Defendant’s counsel argues in reply to Plaintiffs’ argument. 12:24 PM – Chief Judge Suddaby reserves decision and a written decision will be forthcoming. Court is adjourned. APP: Stephen Stamboulieh, Esq. for Plaintiffs. Michael McCartin, AAG & James Thompson, AAG for Defendant. |
| 8/23/2022 | Defendant | Request for Transcript |
| 8/22/2022 | Defendant | Exhibit List |
| 8/22/2022 | Plaintiffs | Plaintiffs’ Reply to Defendant’s Opposition to Motion for Preliminary Injunction
Declaration of Stephen D. Stamboulieh |
| 8/19/2022 | Court | Docket Text: **AMENDED TEXT ORDER** granting # 36 Defendant’s letter-motion for clarification. The Court hereby amends its Text Order of 08/18/2022 (Dkt. No. 34) so as to permit additional or supplemental declarations that regard ONLY the issues of standing or justiciability. Such declarations may also detail the fair traceability of Plaintiffs’ alleged injuries to Defendant (as distinguishable from the factual allegations in Libertarian Party of Erie Cnty. v. Cuomo, 15-CV-0654, Amended Complaint, at Para. 123 [W.D.N.Y. filed Dec. 23, 2015]). In response to Defendant’s challenge to the propriety of Plaintiff Antonyuk using a new declaration to “allege[ ] for the first time that [he] intends to violate a specific subsection of the CCIA,” Defendant is respectfully advised that Plaintiff Antonyuk has already alleged what would happen if he were to carry his handgun into a gas station or store that is not specifically posted with a sign allowing him to carry there, the latter of which is something he “currently” does (Dkt. No. 1, at Para(s). 112, 114; Dkt. No. 1, Attach. 6, at Para(s). 14-18), and, as indicated in the Court’s Text Order of 08/18/2022, he will indeed be able to further particularize allegations of fact supportive of his claims (e.g., by adducing additional declaration testimony regarding any intent he has to engage in conduct proscribed by the CCIA). Finally, Defendant is respectfully reminded that the brevity of time between the filing of Plaintiffs’ reply and the hearing in this matter is due primarily to Defendant’s own request for an extension of the deadline by which to file his opposition papers. SO ORDERED by Chief Judge Glenn T. Suddaby on 8/19/2022. |
| 8/19/2022 | Court | Docket Text: ORDER granting # 36 Defendant’s letter-motion for clarification. The Court hereby amends its Text Order of 08/18/2022 (Dkt. No. 34) so as to permit additional or supplemental declarations that regard ONLY the issues of standing or justiciability. In response to Defendant’s challenge to the propriety of Plaintiff Antonyuk using a new declaration to “allege[ ] for the first time that [he] intends to violate a specific subsection of the CCIA,” Defendant is respectfully advised that Plaintiff Antonyuk has already alleged what would happen if he were to carry his handgun into a gas station or store that is not specifically posted with a sign allowing him to carry there, the latter of which is something he “currently” does (Dkt. No. 1, at 112, 114; Dkt. No. 1, Attach. 6, at 14-18), and, as indicated in the Court’s Text Order of 08/18/2022, he will indeed be able to further particularize allegations of fact supportive of his claims (e.g., by adducing additional declaration testimony regarding any intent he has to engage in conduct proscribed by the CCIA). Finally, Defendant is respectfully reminded that the brevity of time between the filing of Plaintiffs’ reply and the hearing in this matter is due primarily to Defendant’s own request for an extension of the deadline by which to file his opposition papers. SO ORDERED By Chief Judge Glenn T. Suddaby on 8/19/2022. |
| 8/19/2022 | Defendant | Letter regarding New Affidavits or Declarations |
| 8/19/2022 | Court | Docket Text: ORDER granting Plaintiffs’ # 35 letter-motion for an enlargement of the page limitation on their reply memorandum of law to FORTY (40) pages for the reasons stated therein. SO ORDERED by Chief Judge Glenn T. Suddaby on 8/19/2022. |
| 8/18/2022 | Court | Docket Text: ORDER granting Plaintiffs leave to file, along with their reply papers by the end of August 22, 2022, additional or supplemental declarations, including those detailing (1) any hours and resources spent by the organizational Plaintiffs handling communications from aggrieved members and supporters (and/or any anticipated loss of financial support and resulting interference with ability to function as organizations), and (2) any intent by Plaintiff Antonyuk in engage in conduct proscribed by the CCIA (e.g., carrying a concealed handgun into a gas station or store that is not specifically posted with a sign allowing him to carry there), assuming that such declarants are made available for cross-examination at the hearing on August 23, 2022. Additionally, the parties are directed to file any Witness Lists and Exhibit Lists by the end of Monday, August 22, 2022. SO ORDERED by Chief Judge Glenn T. Suddaby on 8/18/2022. |
| 8/18/2022 | Plaintiffs | Letter Requesting Page Length Extension for Reply to Defendant’s Opposition to Motion for Preliminary Injunction |
| 8/18/2022 | Amicus | Amicus Brief of Everytown for Gun Safety in Support of Defendant’s Opposition to Plaintiffs’ Motion for Preliminary Injunction |
| 8/18/2022 | Court | Docket Text: ORDER granting Everytown for Gun Safety’s 31 motion for leave to file an amicus brief for the reasons stated therein, and directing the Clerk of Court to file Dkt. No. 31 , Attach. 1 as that amicus brief. SO ORDERED by Chief Judge Glenn T. Suddaby on 8/18/2022. |
| 8/17/2022 | Amicus | Motion to File Amicus Brief of Everytown for Gun Safety in Support of Defendant’s Opposition to Plaintiffs’ Motion for Preliminary Injunction |
| 8/17/2022 | Amicus | Amicus Brief of Giffords Law Center to Prevent Gun Violence in Support of Defendant’s Opposition to Plaintiffs’ Motion for Preliminary Injunction |
| 8/17/2022 | Court | Docket Text: ORDER granting 28 the Giffords Law Center’s motion for leave to file an amicus brief to the extent it is relevant to the public-interest prong of the standard governing Plaintiffs’ motion for a preliminary injunction, and directing the Clerk of Court to file Dkt. No. 28 , Attach. 1 as that amicus brief. SO ORDERED by Chief Judge Glenn T. Suddaby on 8/17/2022. |
| 8/17/2022 | Amicus | Motion to File Amicus Brief of Giffords Law Center to Prevent Gun Violence in Support of Defendant’s Opposition to Plaintiffs’ Motion for Preliminary Injunction
Proposed Amicus Brief of Giffords Law Center to Prevent Gun Violence |
| 8/17/2022 | Amicus | Amicus Brief of Dr. Jaclyn Schildkraut, Ph.D. regarding Plaintiffs’ Motion for Preliminary Injunction |
| 8/17/2022 | Court | Docket Text: ORDER granting Dr. Jacklyn Schildkraut’s 25 motion for leave to file an amicus brief to the extent it is relevant to the public-interest prong of the standard governing Plaintiffs’ motion for a preliminary injunction, and directing the Clerk of Court to file Dkt. No. 25, Attach. 1 as that amicus brief. SO ORDERED by Chief Judge Glenn T. Suddaby on 8/17/2022. |
| 8/17/2022 | Amicus | Motion to File Amicus Brief of Dr. Jaclyn Schildkraut, Ph.D. regarding Plaintiffs’ Motion for Preliminary Injunction |
| 8/16/2022 | Amicus | Amicus Brief of National Police Association in Support of Plaintiffs’ Motion for Preliminary Injunction |
| 8/16/2022 | Court | Docket Text: ORDER granting 22 the NPA’s motion for leave to file an amicus brief for the reasons stated therein, and directing the Clerk of Court to file Dkt. No. 22 , Attach. 1 as that amicus brief. SO ORDERED by Chief Judge Glenn T. Suddaby on 8/16/2022. |
| 8/15/2022 | Amicus | Motion to File Amicus Brief of National Police Association in Support of Plaintiffs’ Motion for Preliminary Injunction |
| 8/15/2022 | Defendant | Notice of Motion to Dismiss
Memorandum of Law in Support of Motion to Dismiss Declaration of Michael G. McCartin |
| 8/15/2022 | Defendant | Memorandum of Law in Opposition to Plaintiffs’ Motion for Preliminary Injunction
Declaration of James M. Thompson Exhibits Part 1 of 5 to Declaration of James M. Thompson Exhibits Part 2 of 5 to Declaration of James M. Thompson Exhibits Part 3 of 5 to Declaration of James M. Thompson |
| 8/11/2022 | Court | Docket Text: ORDER granting 16 letter-motion from James M. Thompson for Kevin P. Bruen requesting permission to file a 65-page memorandum of law in opposition to Plaintiffs’ motion 9 for a preliminary injunction. SO ORDERED by Chief Judge Glenn T. Suddaby on 8/11/2022. |
| 8/10/2022 | Plaintiffs | Notice of Appearance of Robert J. Olson for Plaintiffs |
| 8/10/2022 | Defendant | Letter from Defendant Requesting Page Length Extension for Opposition to Plaintiffs’ Motion for Preliminary Injunction |
| 8/4/2022 | Court | Docket Text: ORDER granting Defendant’s 14 letter-motion requesting an extension of time to respond to the Complaint on or before August 15, 2022. SO ORDERED by Chief Judge Glenn T. Suddaby on 8/4/2022. |
| 8/2/2022 | Defendant | Letter from Defendant Requesting Extension to Respond to Complaint |
| 7/22/2022 | Court | Docket Text: NOTICE re Motion 9 for Preliminary Injunction filed by Ivan Antonyuk, Gun Owners Foundation, Gun Owners of America New York, Inc., and Gun Owners of America, Inc.: An In-Person Motion Hearing is set for 8/23/2022 at 10:30 AM in Syracuse before Chief Judge Glenn T. Suddaby. |
| 7/21/2022 | Defendant | Notice of Appearance of James M. Thompson for Defendant |
| 7/21/2022 | Court | Docket Text: ORDER granting in part and denying in part 10 Defendant’s letter-motion for an extension of the deadline by which he must respond to Plaintiffs’ motion for a preliminary injunction. Although Defendant certainly must (as he argues) review “extensive” history to brief the Court on the relevant historical traditions in his response, he has already gotten a head start in amassing the necessary historical sources in N.Y. State Rifle & Pistol Assoc., Inc. v. Bruen, 18-CV-0134 (N.D.N.Y.). Moreover, although Plaintiffs did not also file a motion for emergency relief in the form of a Temporary Restraining Order, the law they challenge does take effect on September 1, 2022: the Court could not grant Defendant the full extension he seeks without shortening (1) the seven-day period for Plaintiffs’ reply, (2) the time afforded the Court to review that reply before the hearing, (3) the window of time in which to hold the hearing, and (4) the time afforded the Court (between the hearing and September 1, 2022) to prepare a Decision and Order. In short, the complete relief that Defendant seeks in his letter-motion would deprive Plaintiffs of their right to have their motion for a preliminary injunction fairly and justly decided, if not the very relief they are seeking. As a result, the deadline for Defendant’s response to Plaintiffs’ motion is extended five days to the end of MONDAY, AUGUST 15, 2022; and the deadline for Plaintiffs’ reply is extended five days to the end of MONDAY, AUGUST 22, 2022. Defendant is respectfully advised that the partial granting of his letter-motion is contingent on him making himself available for an in-person hearing at any point between TUESDAY, AUGUST 23, 2022, and the end of FRIDAY, AUGUST 26, 2022. A Decision and Order on Plaintiffs’ motion will be issued before the statute in question takes effect on September 1, 2022. SO ORDERED by Chief Judge Glenn T. Suddaby on 7/21/2022. |
| 7/21/2022 | Plaintiffs | Opposition to Letter Requesting Extension to Respond to Motion for Preliminary Injunction |
| 7/20/2022 | Defendant | Letter Requesting Extension to Respond to Motion for Preliminary Injunction |
| 7/20/2022 | Plaintiffs | Notice of Motion for Preliminary Injunction |
| 7/20/2022 | Plaintiffs | Proof of Service of Summons on Kevin P. Bruen |
| 7/15/2022 | Plaintiffs | Corporate Disclosure Statement of Gun Owners of America New York, Inc. |
| 7/15/2022 | Plaintiffs | Corporate Disclosure Statement of Gun Owners Foundation |
| 7/15/2022 | Plaintiffs | Corporate Disclosure Statement of Gun Owners of California |
| 7/12/2022 | Court | Notice re Admission |
| 7/12/2022 | Court | Case Management Orders |
| 7/12/2022 | Court | Summons for Kevin P. Bruen |
| 7/11/2022 | Plaintiffs | Complaint |