New York State Rifle & Pistol Association, Inc. v. Beach
Federal Civil Lawsuit New York Northern District Court, Case No. 1:18-cv-00134

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Last Updated December 20, 2018 at 12:51 AM ST (2.6 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo Brandon Koch, Plaintiff

Toggle Switch Represented by Sorkin Law Group APLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED John D. Ohlendorf +1 202 220 9600 +1 202 220 9601 johlendorf@cooperkirk.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Peter A. Patterson +1 202 220 9600 +1 202 220 9601 ppatterson@cooperkirk.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED David Henry Thompson +1 202 220 9600 +1 202 220 9601 dthompson@cooperkirk.com

Toggle Switch Represented by Suite A-4

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Kathleen McCaffrey Baynes +1 518 489 1098 +1 518 489 3304 kmb@kmbaynes.com
No Logo New York State Rifle & Pistol Association, Inc., Plaintiff

Toggle Switch Represented by Kathleen McCaffrey Baynes, Esq., PLLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Kathleen McCaffrey Baynes +1 518 489 1098 +1 518 489 3304 kmb@kmbaynes.com

Toggle Switch Represented by Sorkin Law Group APLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED John D. Ohlendorf +1 202 220 9600 +1 202 220 9601 johlendorf@cooperkirk.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Peter A. Patterson +1 202 220 9600 +1 202 220 9601 ppatterson@cooperkirk.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED David Henry Thompson +1 202 220 9600 +1 202 220 9601 dthompson@cooperkirk.com
No Logo Robert Nash, Plaintiff

Toggle Switch Represented by Sorkin Law Group APLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED John D. Ohlendorf +1 202 220 9600 +1 202 220 9601 johlendorf@cooperkirk.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Peter A. Patterson +1 202 220 9600 +1 202 220 9601 ppatterson@cooperkirk.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED David Henry Thompson +1 202 220 9600 +1 202 220 9601 dthompson@cooperkirk.com

Toggle Switch Represented by Suite A-4

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Kathleen McCaffrey Baynes +1 518 489 1098 +1 518 489 3304 kmb@kmbaynes.com
v.
No Logo George P. Beach, II, Defendant

Toggle Switch Represented by New York State Department Of Health

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Kelly Lynn Munkwitz +1 518 486 4603 +1 518 473 1572 kelly.munkwitz@ag.ny.gov
No Logo Richard J. McNally, Jr., Defendant

Toggle Switch Represented by New York State Department Of Health

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Kelly Lynn Munkwitz +1 518 486 4603 +1 518 473 1572 kelly.munkwitz@ag.ny.gov
No Logo Everytown for Gun Safety, Amicus

Toggle Switch Represented by Emery Celli Brinckerhoff & Abady, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Ogilvie Andrew Fraser Wilson +1 212 763 5000 +1 212 763 5001 awilson@ecbalaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Ilann Margalit Maazel +1 212 763 5000 +1 212 763 5001 imaazel@ecbalaw.com
Citation Section 42 U.S.C. § 1983
Nature of Suit 950 - Other Statutes: Constitutionality of State Statutes
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Legal Document (Payment Possibly Required) 33 Filed: 12/17/2018, Entered: None Judgment
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    Legal Document (Payment Possibly Required) 32 Filed: 12/17/2018, Entered: None Order on Motion to Dismiss for Failure to State a Claim
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      Legal Document (Payment Possibly Required) 31 Filed: 5/16/2018, Entered: 5/16/2018 Amended Complaint
      AMENDED COMPLAINT against All Defendants filed by New York State Rifle & Pistol Association, Inc., Robert Nash, Brandon Koch.(Baynes, Kathleen)
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        Legal Document (Payment Possibly Required) 30 Filed: 5/16/2018, Entered: None Order on motion to amend/correctCourt Filing
        TEXT ORDER: GRANTING 28 plaintiff's motion to amend/join plaintiff and 29 plaintiff's letter motion. Defendants, reportedly, do not object to the motion to amend and join an additional plaintiff. By agreement of the parties and without objection of this court, 19 defendants' motion to dismiss shall apply to the complaint as amended and the new plaintiff, without the need to re-file the motion to dismiss or any of the subsequently-filed briefs, or the need of the new plaintiff to file any further opposition to the motion to dismiss. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 5/16/2018. (nmk) (Entered: 05/16/2018)
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          Legal Document (Payment Possibly Required) 29 Filed: 5/15/2018, Entered: 5/15/2018 Letter Request/MotionCourt Filing
          Letter Motion from Kathleen McCaffrey Baynes, Esq. for Robert Nash, New York State Rifle & Pistol Association, Inc. requesting Leave to Amend Complaint submitted to Judge Baxter . (Baynes, Kathleen)
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            Legal Document (Payment Possibly Required) 28 Filed: 5/15/2018, Entered: 5/15/2018 motion to amend/correctCourt Filing
            MOTION to Amend/Correct Complaint Motion Hearing set for 6/28/2018 09:30 AM in Syracuse before US Magistrate Judge Andrew T. Baxter Response to Motion due by 6/11/2018 filed by Robert Nash, New York State Rifle & Pistol Association, Inc.. (Attachments: # 1 Affidavit, # 2 Proposed Amended Pleading, # 3 Exhibit(s), # 4 Memorandum of Law) Motions referred to Andrew T. Baxter. (Baynes, Kathleen)
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              Legal Document (Payment Possibly Required) 27 Filed: 5/14/2018, Entered: None Reply to Response to motion
              REPLY to Response to Motion re 19 MOTION to Dismiss for Failure to State a Claim filed by George P. Beach, III, Richard J. McNally, Jr.. (Munkwitz, Kelly) (Entered: 05/14/2018)
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                Legal Document (Payment Possibly Required) 26 Filed: 5/7/2018, Entered: None Memorandum of Law
                MEMORANDUM OF LAW re 19 Motion to Dismiss for Failure to State a Claim, filed by Robert Nash, New York State Rifle & Pistol Association, Inc.. (Baynes, Kathleen) (Entered: 05/07/2018)
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                  Legal Document (Payment Possibly Required) 25 Filed: 4/3/2018, Entered: None Memorandum of Law
                  MEMORANDUM OF LAW re 19 Motion to Dismiss for Failure to State a Claim, As Amicus Curiae in Support of Defendants filed by Everytown for Gun Safety. (Attachments: # 1 Appendix Appendix of Historical Gun Las of Amicus Curiae Everytown for Gun Safety)(Maazel, Ilann) (Entered: 04/03/2018)
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                    Legal Document (Payment Possibly Required) 24 Filed: 4/3/2018, Entered: None order on motion for leave to fileCourt Filing
                    TEXT ORDER: The motion of Everytown for Gun Safety (Everytown) for leave to participate as amicus curiae 23 is GRANTED. Since Everytown seeks to provide historical analysis regarding firearms laws to assist the Court in resolving the Plaintiffs' constitutional challenge to a New York State firearms licensing law; the parties consent to the participation of Everytown as amicus curiae; and the motion was filed shortly after the Defendants' motion to dismiss, the Court finds that the information offered is timely and useful. See United States v. Heleniak, No. 14-CR-42A, 2015 WL 4208622, at *4, 2015 U.S. Dist. LEXIS 89728, at *9 (W.D.N.Y. July 10, 2015); Avitabile v. Beach, 277 F.Supp. 3d 326, 330 (N.D.N.Y. 2017). Everytown is directed to file on the docket its Memorandum, which is currently attached to its motion as Exhibit 3 ( 23 -3). The deadline for further briefing is extended to give the parties time to respond to Everytown's memorandum. The Response to Defendants' motion is due by 5/7/18 and the Reply is due by 5/14/18. SO ORDERED by Judge Brenda K. Sannes on 4/3/18. (rjb, ) (Entered: 04/03/2018)
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                      Legal Document (Payment Possibly Required) 23 Filed: 4/2/2018, Entered: 4/2/2018 motion for leave to file
                      Consent MOTION for Leave to File Amicus Brief in Supportof Defendants' Motion to Dismiss the Complaint filed by Everytown for Gun Safety. (Attachments: # 1 Consent Motion of Everytown for Gun Safety for Leave to Participate as Amicus Curiae, # 2 Declaration Declaration in Support of Everytown for Gun Safety's Motion for Leave to Participate as Amicus Curiae, # 3 Exhibit(s) Memorandum of Everytown for Gun Safety as Amicus Curiae in Support of Defendants, # 4 Exhibit(s) [Proposed] Order Granting Motion of Everytown for Gun Safety for Leave to Participate as Amicus Curiae) Motions referred to Andrew T. Baxter. (Maazel, Ilann)
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                        Legal Document (Payment Possibly Required) 22 Filed: 4/2/2018, Entered: None Notice of appearance
                        NOTICE of Appearance by Ogilvie Wilson on behalf of Everytown for Gun Safety (Wilson, Ogilvie) (Entered: 04/02/2018)
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                          Legal Document (Payment Possibly Required) 21 Filed: 4/2/2018, Entered: None Notice of appearance
                          NOTICE of Appearance by Ilann M. Maazel on behalf of Everytown for Gun Safety (Maazel, Ilann) (Entered: 04/02/2018)
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                            Legal Document (Payment Possibly Required) 20 Filed: 3/29/2018, Entered: None OrderCourt Filing
                            TEXT ORDER: The Rule 16 conference set for 5/2/2018 and 4/25/2018 deadline for the submission of a joint Civil Case Management Plan and exchange of Mandatory Disclosures are ADJOURNED WITHOUT DATE. The hearing and related deadlines will be reset, if deemed necessary, after disposition of the 19 motion to dismiss. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 3/29/2018. (nmk) (Entered: 03/29/2018)
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                              Legal Document (Payment Possibly Required) 19 Filed: 3/26/2018, Entered: 3/26/2018 Motion to dismiss for failure to state a claimCourt Filing
                              MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 5/3/2018 10:00 AM in Syracuse before Judge Brenda K. Sannes Response to Motion due by 4/16/2018 Reply to Response to Motion due by 4/23/2018. filed by George P. Beach, III, Richard J. McNally, Jr.. (Attachments: # 1 Exhibit(s) in Support of Motion to Dismiss) (Munkwitz, Kelly)
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                                Legal Document (Payment Possibly Required) 18 Filed: 2/9/2018, Entered: None Order on Letter RequestCourt Filing
                                TEXT ORDER: granting 13 Letter Request. The deadline for George P. Beach, III and Richard J. McNally, Jr. to answer or otherwise respond to the complaint is extended to 3/26/2018. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 2/9/2018. (nmk) (Entered: 02/09/2018)
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                                  Legal Document (Payment Possibly Required) 17 Filed: 2/9/2018, Entered: None Notice - other
                                  NOTICE by Robert Nash, New York State Rifle & Pistol Association, Inc. re 5 Notice of Admission Requirement, (Thompson, David) (Entered: 02/09/2018)
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                                    Legal Document (Payment Possibly Required) 16 Filed: 2/9/2018, Entered: None Notice of appearance
                                    NOTICE of Appearance by John D. Ohlendorf on behalf of All Plaintiffs (Ohlendorf, John) (Entered: 02/09/2018)
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                                      Legal Document (Payment Possibly Required) 15 Filed: 2/9/2018, Entered: None Notice of appearance
                                      NOTICE of Appearance by Peter A. Patterson on behalf of All Plaintiffs (Patterson, Peter) (Entered: 02/09/2018)
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                                        Legal Document (Payment Possibly Required) 14 Filed: 2/9/2018, Entered: None Notice of appearance
                                        NOTICE of Appearance by David H. Thompson on behalf of All Plaintiffs (Thompson, David) (Entered: 02/09/2018)
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                                          Legal Document (Payment Possibly Required) 13 Filed: 2/8/2018, Entered: 2/8/2018 Letter Request/MotionCourt Filing
                                          Letter Motion from Kelly L. Munkwitz for George P. Beach, III, Richard J. McNally, Jr. requesting an extention of time to respond to the complaint submitted to Judge Andrew T. Baxter . (Munkwitz, Kelly)
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                                            Legal Document (Payment Possibly Required) 12 Filed: 2/8/2018, Entered: None Notice of appearance
                                            NOTICE of Appearance by Kelly L. Munkwitz on behalf of All Defendants (Munkwitz, Kelly) (Entered: 02/08/2018)
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                                              Legal Document (Payment Possibly Required) 11 Filed: 2/7/2018, Entered: None Order on Motion for Limited Admission Pro Hac ViceCourt Filing
                                              TEXT ORDER: granting 6, 7 and 8 Motions for Limited Admission Pro Hac Vice. Attorneys David H. Thompson, John D. Ohlendorf and Peter A. Patterson are hereby admitted to practice in this action on behalf of New York State Rifle & Pistol Association, Inc. and Robert Nash. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen;. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 2/7/2018. (nmk) (Entered: 02/07/2018)
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                                                Legal Document (Payment Possibly Required) 10 Filed: 2/5/2018, Entered: None Affidavit of Service
                                                AFFIDAVIT of Service for Summons, Complaint, Filing Order, Corporate Disclosure Statement served on Richard J. McNally, Jr. on 2/2/18, filed by Robert Nash, New York State Rifle & Pistol Association, Inc.. (Baynes, Kathleen) (Entered: 02/05/2018)
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                                                  Legal Document (Payment Possibly Required) 9 Filed: 2/5/2018, Entered: None Affidavit of Service
                                                  AFFIDAVIT of Service for Summons, Complaint, Filing Order, Corporate Disclosure Statement served on George P. Beach, II, via Maureen Price, Counsel's Office/Designated to Accept on 2/2/18, filed by Robert Nash, New York State Rifle & Pistol Association, Inc.. (Baynes, Kathleen) (Entered: 02/05/2018)
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                                                    Legal Document (Payment Possibly Required) 8 Filed: 2/5/2018, Entered: 2/5/2018 Motion for Limited Admission Pro Hac Vice
                                                    MOTION for Limited Admission Pro Hac Vice of Peter A. Patterson Filing fee $100, receipt number ANYNDC-4278963. filed by New York State Rifle & Pistol Association, Inc.. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Affidavit) Motions referred to Andrew T. Baxter. (Baynes, Kathleen)
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                                                      Legal Document (Payment Possibly Required) 7 Filed: 2/5/2018, Entered: 2/5/2018 Motion for Limited Admission Pro Hac Vice
                                                      MOTION for Limited Admission Pro Hac Vice of John D. Ohlendorf Filing fee $100, receipt number ANYNDC-4278945. filed by New York State Rifle & Pistol Association, Inc.. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Affidavit) Motions referred to Andrew T. Baxter. (Baynes, Kathleen)
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                                                        Legal Document (Payment Possibly Required) 6 Filed: 2/5/2018, Entered: 2/5/2018 Motion for Limited Admission Pro Hac Vice
                                                        MOTION for Limited Admission Pro Hac Vice of David H. Thompson Filing fee $100, receipt number BNYNDC-4278853. filed by New York State Rifle & Pistol Association, Inc.. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Affidavit, # 4 Exhibit(s)) Motions referred to Andrew T. Baxter. (Baynes, Kathleen)
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                                                          Legal Document (Payment Possibly Required) 5 Filed: 2/1/2018, Entered: None Notice of Admission Requirement
                                                          NOTICE of Admission Requirement as to Party Plaintiffs; Attorneys David H. Thompson, Peter A. Patterson, and John D. Ohlendorf. Phone number is 202-220-9600. Admissions due by 2/15/2018. (Letter mailed by regular mail on 2/1/2018 to all three attorneys)(see) (Entered: 02/02/2018)
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                                                            Legal Document (Payment Possibly Required) 4 Filed: 2/1/2018, Entered: None FRCP 7.1 Corporate Disclosure Statement
                                                            FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by New York State Rifle & Pistol Association, Inc. (see) (Entered: 02/02/2018)
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                                                              Legal Document (Payment Possibly Required) 3 Filed: 2/1/2018, Entered: None G.O. 25 Filing OrderCourt Filing
                                                              G.O. 25 FILING ORDER ISSUED: Initial Conference set for 5/2/2018 at 10:00 AM by telephone, unless the parties are specifically directed to appear, before US Magistrate Judge Andrew T. Baxter. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 4/25/2018. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (see) (Entered: 02/02/2018)
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                                                                Legal Document (Payment Possibly Required) 2 Filed: 2/1/2018, Entered: None Summons issued
                                                                Summonses Issued as to George P. Beach, III and Richard J. McNally, Jr. (Attachments: # 1 Summons for Richard J. McNally, Jr.)(see) (Entered: 02/02/2018)
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                                                                  Legal Document (Payment Possibly Required) 1 Filed: 2/2/2018, Entered: None Complaint
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                                                                    Legal Document (Payment Possibly Required) 1 Filed: 2/1/2018, Entered: None Complaint
                                                                    COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against George P. Beach, III and Richard J. McNally, Jr. (Filing fee $400 receipt number ANYNDC-4273520) filed by New York State Rifle & Pistol Association, Inc. and Robert Nash. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Civil Cover Sheet)(see) (Entered: 02/02/2018)
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