Mai v. United States

Case Name: Duy T. Mai v. United States; Department of Justice; Bureau of Alcohol, Tobacco, Firearms, and Explosives; Federal Bureau of Investigation; Jefferson B. Sessions, III, as Attorney General; James B. Comey, as Director of the Federal Bureau of Investigation; and Thomas E. Brandon, as Acting Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives

District Court Case No.: 2:17-cv-00561-RAJ

Court of Appeals Case No.: 18-36071

 

U.S. Court of Appeals, for the Ninth Circuit

Filing Date Filing Party Document Description
4/28/2021 Court Supreme Court of the United States Notice regarding Petition for Writ of Certiorari denied
12/18/2020 Court Supreme Court of the United States Notice regarding Petition for Writ of Certiorari filed
9/18/2020 Court Mandate
9/10/2020 Court Order Denying Petition for Rehearing En Banc
6/10/2020 Appellees Response to Petition for Rehearing and Rehearing En Banc
4/28/2020 Court Order Granting Extension to File Response to Rehearing Petition
4/28/2020 Appellees Unopposed Motion for Extension to File Response to Rehearing Petition
4/24/2020 Court Order Setting Briefing for Petition for Rehearing
4/24/2020 Appellant Appellant’s Petition for Rehearing and Rehearing En Banc
3/11/2020 Court Opinion
3/11/2020 Court Docket Text: Appellees Jefferson B. Sessions III, James B. Comey and Thomas E. Brandon in 18-36071 substituted by Appellees William P. Barr, Christopher A. Wray and Regina Lombardo in 18-36071
12/11/2019 Court Docket Text: ARGUED AND SUBMITTED TO SUSAN P. GRABER, RONALD M. GOULD and DAVID A. EZRA.
12/11/2019 Court Docket Text: Filed Audio recording of oral argument. Note: Video recordings of public argument calendars are available on the Court’s website, at http://www.ca9.uscourts.gov/media/
10/1/2019 Court Docket Text: Filed (ECF) Acknowledgment of hearing notice by Attorney Ms. Abby Christine Wright for Appellees Thomas E. Brandon, BATF, James B. Comey, FBI, Jefferson B. Sessions, III, DOJ and USA. Hearing in Seattle on 12/11/2019 at 09:30 A.M. (Courtroom: SE 7th Flr Courtroom 2). Filer sharing argument time: No. (Argument minutes: 15.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 10/01/2019. [11450107] [18-36071]–[COURT UPDATE: Edited docket text to reflect correct hearing time. 10/01/2019 by QDL]
9/29/2019 Court Docket Text: Notice of Oral Argument on Wednesday, December 11, 2019 – 09:30 A.M. – SE 7th Flr Courtroom 2 – Seattle WA.View the Oral Argument Calendar for your case here.Be sure to review the GUIDELINES for important information about your hearing, including when to arrive (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible).If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 21 days before Wednesday, December 11, 2019. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.
9/29/2019 Court Docket Text: Filed (ECF) Acknowledgment of hearing notice by Attorney Vitaliy Kertchen, Esquire for Appellant Duy T. Mai. Hearing in Seattle on 12/11/2019 at 09:30 A.M. (Courtroom: 2). Filer sharing argument time: No. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 09/29/2019. [11447564] [18-36071]–[COURT UPDATE: Edited docket text to reflect correct courtroom. 09/30/2019 by QDL]
8/26/2019 Court Docket Text: This case is being considered for an upcoming oral argument calendar in SeattlePlease review the Seattle sitting dates for December 2019 and the 2 subsequent sitting months in that location at http://www.ca9.uscourts.gov/court_sessions. If you have an unavoidable conflict on any of the dates, please file Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument. Please follow the form’s instructions carefully.When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date.If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice, using CM/ECF (Type of Document: File Correspondence to Court; Subject: request for mediation).
7/26/2019 Appellant Appellant’s Reply Brief
7/22/2019 Court Docket Text: This case is being considered for an upcoming oral argument calendar in SeattlePlease review the Seattle sitting dates for November 2019 and the 2 subsequent sitting months in that location at http://www.ca9.uscourts.gov/court_sessions. If you have an unavoidable conflict on any of the dates, please file Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument. Please follow the form’s instructions carefully.When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date.If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice, using CM/ECF (Type of Document: File Correspondence to Court; Subject: request for mediation).
6/24/2019 Appellees Rule 28(j) Letter regarding Beers v. AG
6/18/2019 Court Docket Text: Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant Duy T. Mai. New requested due date is 07/26/2019.
6/18/2019 Court Docket Text: Streamlined request [20] by Appellant Duy T. Mai to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 07/26/2019.
6/5/2019 Appellees Appellees’ Answering Brief
5/10/2019 Court Order Granting Extension to File Response Brief
5/9/2019 Appellees Unopposed Motion for Extension to File Response Brief
3/25/2019 Court Docket Text: Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees BATF, Thomas E. Brandon, James B. Comey, DOJ, FBI, Jefferson B. Sessions, III and USA. New requested due date is 05/22/2019.
3/25/2019 Court Docket Text: Streamlined request [13] by Appellees Thomas E. Brandon, BATF, James B. Comey, FBI, Jefferson B. Sessions, III, DOJ and USA to extend time to file the brief is approved. Amended briefing schedule: Appellees Thomas E. Brandon, Bureau of Alcohol, Tobacco & Firearms, James B. Comey, Federal Bureau of Investigation, Jefferson B. Sessions III, Attorney General, United States Department of Justice and United States of America answering brief due 05/22/2019. The optional reply brief is due 21 days from the date of service of the answering brief.
3/20/2019 Appellant Appellant’s Opening Brief

Excerpts of Record Volume I of I

2/13/2019 Court Docket Text: Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Duy T. Mai. New requested due date is 03/21/2019.
2/13/2019 Court Docket Text: Streamlined request [8] by Appellant Duy T. Mai to extend time to file the brief is approved. Amended briefing schedule: Appellant Duy T. Mai opening brief due 03/21/2019. Appellees Thomas E. Brandon, Bureau of Alcohol, Tobacco & Firearms, James B. Comey, Federal Bureau of Investigation, Jefferson B. Sessions III, Attorney General, United States Department of Justice and United States of America answering brief due 04/22/2019. The optional reply brief is due 21 days from the date of service of the answering brief.
1/28/2019 Court Docket Text: Filed (ECF) notice of appearance of Abby Christine Wright for Appellees BATF, Thomas E. Brandon, James B. Comey, DOJ, FBI, Jefferson B. Sessions, III and USA. Date of service: 01/28/2018. (Party previously proceeding without counsel: No)
1/14/2019 Court Order Releasing Case from Mediation
12/27/2018 Court Mediation Order
12/26/2018 Appellant Mediation Questionnaire
12/24/2018 Court Docketing Letter and Time Schedule Order
 

United States District Court, Western District of Washington

12/21/2018 Plaintiff Notice of Appeal
12/21/2018 Court Order Denying Motion for Relief from Judgment and to Amend
3/12/2018 Plaintiff Plaintiff’s Reply in Support of Motion for Relief from Judgment and to Amend
3/12/2018 Defendants Defendants’ Response to Plaintiff’s Motion for Relief from Judgment and to Amend
3/1/2018 Plaintiff Motion for Relief from Judgment and for Leave to Amend Complaint

Proposed First Amended Complaint

Proposed Order Granting Relief from Judgment and Leave to Amend Complaint

3/1/2018 Plaintiff Notice to Withdraw Motion to Amend
2/26/2018 Defendants Defendants’ Response to Plaintiff’s Motion to Amend
2/12/2018 Plaintiff Motion for Leave to Amend Complaint

Proposed First Amended Complaint

Proposed Order Granting Motion for Leave to Amend Complaint

2/8/2018 Court Judgment
2/8/2018 Court Order Granting Motion to Dismiss
9/29/2017 Defendants Notice of Appearance of Counsel Sarah K. Morehead
9/29/2017 Defendants Notice of Withdrawal of Counsel Jessica M. Andrade
9/18/2017 Defendants Amended Notice of Appearance of Counsel Jessica M. Andrade
9/14/2017 Court Docket Text: The Court acknowledges the requirements of FRCP 16(b), but finds good cause to defer entry of an initial case scheduling order pending its ruling on Defendants’ 4 MOTION to Dismiss.
7/14/2017 Defendants Reply in Support of Defendants’ Motion to Dismiss
7/10/2017 Plaintiff Mai’s Response to Motion to Dismiss
7/10/2017 Plaintiff Declaration of Service of Summons and Complaint
6/22/2017 Defendants Notice of Unavailability of Jessica M. Andrade
6/19/2017 Defendants United States’s Motion to Dismiss

Proposed Order Granting Motion to Dismiss

6/19/2017 Defendants Notice of Appearance of Counsel Jessica M. Andrade
4/12/2017 Court Standing Order for Civil Cases Assigned to Judge Richard A. Jones
4/12/2017 Court Docket Text: Summons Issued as to defendant(s) Thomas E. Brandon, Bureau of Alcohol, Tobacco, Firearms and Explosives, James B. Comey, Department of Justice, Federal Bureau of Investigation, Jefferson B. Sessions, United States. Due to the volume of summons(es) requested, original summons(es) sent to counsel via U.S. Postal Service.
4/12/2017 Court Docket Text: NOTICE TO FILER: When opening a new case, the filer is responsible for entering party text exactly as it appears on the complaint. For example, as Attorney General should have been entered as party text for Jefferson B. Sessions. In addition, parties must be entered in the order they appear on the case caption. In addition to creating a docket that is a true reflection of the complaint caption, it also helps to eliminate dropping parties. The docket is now properly ordered. Thank you.
4/11/2017 Plaintiff Complaint

Civil Cover Sheet