Case details

Court: paed
Docket #: 5:13-cv-06750
Case Name: BINDERUP v. HOLDER et al
PACER case #: 484534
Date filed: 2013-11-21
Date terminated: 2014-09-25
Assigned to: HONORABLE JAMES KNOLL GARDNER
Referred to: MAGISTRATE JUDGE HENRY S. PERKIN (Settlement)
Case Cause: 42:1983 Civil Rights Act
Nature of Suit: 440 Civil Rights: Other
Jury Demand: None
Jurisdiction: U.S. Government Defendant

Parties

Represented Party Attorney & Contact Info
DANIEL BINDERUP
Plaintiff
ALAN GURA
GURA & POSSESSKY PLLC 105 ORONOCO STREET SUITE 305 ALEXANDRIA, VA 22314 703-835-9085 Email: alan@gurapossessky.com
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

DOUGLAS T. GOULD
THE LAW OFFICES OF DOUGLAS GOULD 925 GLENBROOK AVENUE BRYN MAWR, PA 19010 610-520-6181 Fax: 610-520-6182 Email: dgould@gouldlawpa.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

ERIC H. HOLDER, JR.
Defendant
ATTORNEY GENERAL OF THE UNITED STATES
DANIEL RIESS
U.S. DEPT OF JUSTICE 20 MASSACHUSETTS AVE NW ROOM 6122 WASHINGTON, DC 20001 202-353-3098 Email: daniel.riess@usdoj.gov
LEAD ATTORNEY ATTORNEY TO BE NOTICED

LESLEY FARBY
U.S. DEPT OF JUSTICE CIVIL DIV 20 MASSACHUSETTS AVE NW ROOM 7220 WASHINGTON, DC 20530 202-514-3481 Email: lesley.farby@usdoj.gov
LEAD ATTORNEY ATTORNEY TO BE NOTICED

ANNETTA FOSTER GIVHAN
U.S. ATTORNEY'S OFFICE 615 CHESTNUT ST. SUITE 1250 PHILADELPHIA, PA 19106 215-861-8319 Fax: 215-861-8349 Email: annetta.givhan@usdoj.gov
ATTORNEY TO BE NOTICED

B. TODD JONES
Defendant
DIRECTOR OF THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES
DANIEL RIESS
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

LESLEY FARBY
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

ANNETTA FOSTER GIVHAN
(See above for address)
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2013-11-21 1 0 COMPLAINT against ERIC H. HOLDER, JR, B. TODD JONES ( Filing fee $ 400 receipt number 091921.), filed by DANIEL BINDERUP. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Civil Cover Sheet, # 4 Designation Form, # 5 Case Management Track Form)(rt) (Entered: 11/21/2013)
1 1 Exhibit
1 2 Exhibit
1 3 Civil Cover Sheet 2014-09-25 19:41:27 26e1c651b5b9bfaa5bc92e7ee30de3e340c85e38
1 4 Designation Form
1 5 Case Management Track Form
2013-11-21 2 0 Acceptance of Service by U.S. Attorney Re: accepted summons and complaint on behalf of the United States Attorney (only). (va, ) (Entered: 11/22/2013) 2014-09-25 19:48:09 059e2337f065967121d449eeb75437ae6381e58f
2014-01-08 3 0 Consent MOTION for Extension of Time to File Answer filed by ERIC H. HOLDER, JR, B. TODD JONES.Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(FARBY, LESLEY) (Entered: 01/08/2014)
3 1 Text of Proposed Order
3 2 Certificate of Service
2014-01-09 4 0 NOTICE of Appearance by ANNETTA FOSTER GIVHAN on behalf of ERIC H. HOLDER, JR, B. TODD JONES with (as Local Counsel Only) Certificate of Service(GIVHAN, ANNETTA) (Entered: 01/09/2014) 2014-09-25 19:53:02 6d47a538332b072fa0f1c0e940de99447f5170d5
2014-01-09 5 0 ORDER THAT DEFENDANTS' UNOPPOSED MOTION FOR AN EXTENSION OF TIME TO RESPOND TO THE COMPLAINT IS GRANTED AS UNOPPOSED, AND THAT DEFENDANTS SHALL HAVE UNTIL 2/20/2014 TO RESPOND TO PLAINTIFF'S COMPLAINT. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 1/8/14. 1/9/14 ENTERED AND COPIES E-MAILED.(ky, ) (Entered: 01/09/2014) 2014-09-25 19:54:08 414e88e97109bebf37f43c4d8f2aeefc0dff6886
2014-01-09 6 0 MOTION for Pro Hac Vice filed by DANIEL BINDERUP.Declaration. (Attachments: # 1 Declaration, # 2 Text of Proposed Order, # 3 Supplement, # 4 Certificate of Service, # 5 Supplement, # 6 Supplement)(GOULD, DOUGLAS) ($40 Filing Fee Pd. - Receipt # 96373) Modified on 2/20/14 (fdc). (Entered: 01/09/2014)
6 1 Declaration 2014-09-25 20:05:08 077365e9dba3118fb1d39b83fbc4120c4a9ac80f
6 2 Text of Proposed Order
6 3 Supplement
6 4 Certificate of Service
6 5 Supplement
6 6 Supplement
2014-01-15 7 0 SUMMONS Returned Executed by Douglas T. Gould re: served Summons and Complaint upon B. Todd Jones by Certified Mail on 12/18/2013 (GOULD, DOUGLAS) Modified on 1/16/2014 (lisad, ). (Entered: 01/15/2014) 2014-09-25 20:07:09 94dbd5dca12735f189469c192e5782610dad8959
2014-01-17 8 0 ORDER REFERRING CASE TO MAGISTRATE JUDGE HENRY S. PERKIN TO SCHEDULE AND CONDUCT A SETTLEMENT CONFERENCE. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 1/17/14. 1/17/14 ENTERED AND COPIES E-MAILED.(ky, ) (Entered: 01/17/2014) 2014-09-25 20:07:50 b86eff17527b3b37d4a6b71eca433bfb954b3f44
2014-01-21 9 0 ORDER THAT THE MOTION FOR ADMISSION PRO HAC VICE OF ALAN GURA, ESQUIRE ON BEHALF OF PLAINTIFF DANIEL BINDERUP IS GRANTED. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 1/19/14. 1/21/14 ENTERED AND COPIES MAILED WITH ECF APPLICATION AND E-MAILED.(ky, ) (Entered: 01/21/2014) 2014-09-25 20:09:10 edb208f6701f3192e8c002438f535c6e5c9563e4
2014-01-23 10 0 ORDER THAT A TELEPHONIC SETTLEMENT/STATUS CONFERENCE WILL BE HELD ON 3/6/2014 AT 2:30 P.M. BEFORE MAGISTRATE JUDGE HENRY S. PERKIN. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 1/23/14. 1/23/14 ENTERED AND COPIES MAILED, E-MAILED AND SERVED BY CHAMBERS.(ky, ) (Entered: 01/23/2014) 2014-09-25 20:13:09 5d2708bf19b1deec4fa8f196833452d3a4de958a
2014-02-20 11 0 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION for Summary Judgment filed by ERIC H. HOLDER, JR, B. TODD JONES.Memorandum, Certificate of Service. (Attachments: # 1 List of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8)(RIESS, DANIEL) (Entered: 02/20/2014)
11 1 List of Exhibits
11 2 Exhibit 1
11 3 Exhibit 2
11 4 Exhibit 3
11 5 Exhibit 4
11 6 Exhibit 5
11 7 Exhibit 6
11 8 Exhibit 7
11 9 Exhibit 8
2014-03-06 12 0 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. (ky, ) (Entered: 03/06/2014)
2014-03-10 13 0 MOTION for Summary Judgment filed by DANIEL BINDERUP.Memorandum declaration. (Attachments: # 1 Memorandum in Support of Motion for Summary Judgment, # 2 Declaration of Daniel Binderup, # 3 Exhibit A, # 4 Exhibit B, # 5 Text of Proposed Order)(GURA, ALAN) (Entered: 03/10/2014)
13 1 Memorandum in Support of Motion for Summary Judgment
13 2 Declaration of Daniel Binderup
13 3 Exhibit A
13 4 Exhibit B
13 5 Text of Proposed Order
2014-03-10 14 0 Memorandum and Points of Authority in Opposition re 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION for Summary Judgment filed by DANIEL BINDERUP. (Attachments: # 1 Text of Proposed Order)(GURA, ALAN) Modified on 3/11/2014 (lisad, ). (Entered: 03/10/2014)
14 1 Text of Proposed Order
2014-03-18 15 0 Consent MOTION for Extension of Time to File Response/Reply as to 13 MOTION for Summary Judgment filed by ERIC H. HOLDER, JR, B. TODD JONES.Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(RIESS, DANIEL) (Entered: 03/18/2014)
15 1 Text of Proposed Order
15 2 Certificate of Service
2014-04-10 16 0 Consent MOTION for Leave to File Attached Combined Brief filed by ERIC H. HOLDER, JR, B. TODD JONES.Brief, Certificate of Service. (Attachments: # 1 Exhibit A (Proposed Combined Brief), # 2 Exhibit B (Ex 1 to Proposed Combined Brief), # 3 Text of Proposed Order, # 4 Certificate of Service)(RIESS, DANIEL) (Entered: 04/10/2014)
16 1 Exhibit A (Proposed Combined Brief)
16 2 Exhibit B (Ex 1 to Proposed Combined Brief)
16 3 Text of Proposed Order
16 4 Certificate of Service
2014-04-14 17 0 ORDER THAT DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME AND THE CONSENT MOTION FOR LEAVE TO FILE COMBINED BRIEF ARE EACH GRANTED. IT IS FURTHER ORDERED THAT THE CLERK OF COURT IS DIRECTED TO FILE THE DEFENDANTS' COMBINED BRIEF AND EXHIBIT 1 THERETO. IT IS FURTHER ORDERED THAT DEFENDANTS' RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, WHICH RESPONSE IS THE COMBINED BRIEF AND EXHIBIT THERETO, IS DEEMED TIMELY FILED ON APRIL 10, 2014. IT IS FURTHER ORDERED THAT A STATUS CONFERENCE WITH THE UNDERSIGNED BY TELEPHONE CONFERENCE CALL IS SCHEDULED FOR APRIL 21, 2014 AT 9:15 A.M. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 4/11/14. 4/14/14 ENTERED AND COPIES E-MAILED. (ky, ) (Entered: 04/15/2014) 2014-09-25 21:47:09 3cb6fda63add5307b12347277646491725ba033c
2014-04-14 18 0 DEFENDANTS ERIC H. HOLDER, JR'S, AND B. TODD JONES'S COMBINED OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND REPLY BRIEF IN SUPPORT OF THEIR MOTION TO DISMISS OR FOR SUMMARY JUDGMENT, EXHIBITS. (Attachments: # 1 Exhibit 1) (ky, ) (Entered: 04/15/2014) 2015-08-13 02:17:37 6378b5abd2cc725f18f9632a20b225c3e9df8bb3
18 1 Exhibit 1 2015-08-13 02:17:39 7b2dfa6dd60befc71e5642b1963799d78581e47d
2014-04-15 19 0 ORDER THAT A RULE 16 CONFERENCE BY TELEPHONE IS SCHEDULED FOR 4/21/2014 AT 9:15 A.M. BEFORE THE HONORABLE JAMES KNOLL GARDNER. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 4/15/14. 4/15/14 ENTERED AND COPIES E-MAILED.(ky, ) (Main Document 19 replaced on 4/22/2014) (ky, ). (Entered: 04/15/2014) 2014-09-25 21:55:11 89db7d7f92910d0bf71a68f44a779671baeed02f
2014-04-22 20 0 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. (ky, ) (Entered: 04/22/2014)
2014-04-22 21 0 ARGUMENT SCHEDULING ORDER THAT ORAL ARGUMENT ON DEFENDANTS' MOTION TO DISMISS OR FOR SUMMARY JUDGMENT FILED 2/20/14 AND PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT FILED 3/10/14 IS SCHEDULED FOR 6/16/2014 AT 9:30 A.M. BEFORE THE HONORABLE JAMES KNOLL GARDNER. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 4/22/14. 4/22/14 ENTERED AND COPIES E-MAILED.(ky, ) (Entered: 04/22/2014) 2014-09-25 21:55:42 029fd3b7bdf22ea07bf7790f15b7d5e89b72ca06
2014-04-23 22 0 RULE 16 STATUS CONFERENCE ORDER THAT ORAL ARGUMENT ON DEFENDANTS' MOTION TO DISMISS OR FOR SUMMARY JUDGMENT FILED 2/20/13 AND PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT FILED 3/10/13 SHALL BE HELD BEFORE THE UNDERSIGNED ON 6/16/2014 AT 9:30 A.M. IN ALLENTOWN BEFORE THE HONORABLE JAMES KNOLL GARDNER. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 4/21/14. 4/23/14 ENTERED AND COPIES E-MAILED.(ky, ) (Entered: 04/23/2014) 2014-09-25 21:57:09 cda1137c7f80bba08ad02f37800359e8ebc35342
2014-06-06 23 0 NOTICE by DANIEL BINDERUP re 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION for Summary Judgment , 13 MOTION for Summary Judgment of Supplemental Authority, Bond v. United States (Attachments: # 1 Exhibit A: Bond v. U.S.)(GURA, ALAN) (Entered: 06/06/2014)
23 1 Exhibit A: Bond v. U.S.
2014-06-16 24 0 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. (ky, ) (Entered: 06/16/2014) 2015-08-13 02:17:35 638c79980da885e7a9fd26f25e6e868079c616cf
2014-06-23 25 0 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) (Entered: 06/23/2014) 2015-08-13 02:17:34 f17c242e801d370f412577237cfa142a4e4c53f9
2014-06-23 26 0 Notice of Filing of Official Transcript with Certificate of Service re 25 Transcript - PDF, 6/23/14 Entered and Copies Emailed and Mailed. (fdc) (Entered: 06/23/2014) 2015-08-13 02:42:39 875b5b1f91f402ddfb25ef9f0322cecc50fd0c7e
2014-09-25 27 0 OPINION. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 9/25/2014. 9/25/2014 ENTERED AND COPIES E-MAILED AND COPY SENT TO LEGAL INTELLIGENCER.(lbs, ) (Entered: 09/25/2014)
2014-09-25 28 0 ORDER THAT DEFENDANT'S MOTION IS GRANTED IN PART, DISMISSED AS MOOT IN PART, AND DENIED IN PART, ETC. IT IS FURTHER ORDERED THAT PLAINTIFF'S MOTION IS GRANTED IN PART AND DENIED IN PART, ETC. IT IS FURTHER ORDERED THAT THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES, ETC. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 9/25/2014. 9/25/2014 ENTERED AND COPIES E-MAILED AND COPY SENT TO LEGAL INTELLIGENCER.(lbs, ) (Entered: 09/25/2014) 2014-09-25 22:05:25 2668afaa7134f1b63ec2d3db681cb1869d2f1cfc
2014-10-08 29 0 BILL OF COSTS by DANIEL BINDERUP. (GOULD, DOUGLAS) (Entered: 10/08/2014) 2014-11-06 10:13:23 d429815d7ad262c63e4932103b5789ce600f3d41
2014-10-17 30 0 Objections by ERIC H. HOLDER, JR, B. TODD JONES re 29 Bill of Costs . (Attachments: # 1 Certificate of Service)(RIESS, DANIEL) (Entered: 10/17/2014)
30 1 Certificate of Service
2014-11-21 31 0 NOTICE OF APPEAL by ERIC H. HOLDER, JR, B. TODD JONES. Copies to Judge, Clerk USCA, Appeals Clerk (Attachments: # 1 Certificate of Service) (RIESS, DANIEL) Modified on 11/21/2014 (nd). (Entered: 11/21/2014)
31 1 Certificate of Service
2014-11-21 32 0 NOTICE OF CROSS APPEAL as to 27 Memorandum and/or Opinion, 28 Order (Memorandum and/or Opinion), by DANIEL BINDERUP, Certificate of Service. (GURA, ALAN) Modified on 11/21/2014 (nd, ). (Entered: 11/21/2014) 2014-12-08 14:15:03 fb257f9797bfbcc1c15ba79568081b3424ec1f19
2014-11-21 33 0 Clerk's Notice to USCA re 31 Notice of Appeal. (fdc) (Entered: 11/21/2014) 2014-12-08 14:16:26 dbd073cc280eb66a01310823076562b7bb8a0a16
2014-11-21 34 0 Clerk's Notice to USCA re 32 Notice of Cross Appeal. (fdc) (Entered: 11/21/2014) 2014-12-08 14:18:37 dbd073cc280eb66a01310823076562b7bb8a0a16