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
| 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 |