Case: Federal Law Enforcement Officers Association v. Grewal

3:20-cv-05762 | U.S. District Court for the District of New Jersey

Filed Date: May 11, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about federal preemption of state gun laws. On May 11, 2020, the Federal Law Enforcement Officers Association, the New Jersey Fraternal Order of Police, and several individual members filed a lawsuit against the State of New Jersey in the United States District Court for the District of New Jersey. Plaintiffs sued the New Jersey Attorney General and the Superintendent of the New Jersey State Police—acting in their official capacity—and sought to enjoin the state law establishing …

This is a case about federal preemption of state gun laws. On May 11, 2020, the Federal Law Enforcement Officers Association, the New Jersey Fraternal Order of Police, and several individual members filed a lawsuit against the State of New Jersey in the United States District Court for the District of New Jersey. Plaintiffs sued the New Jersey Attorney General and the Superintendent of the New Jersey State Police—acting in their official capacity—and sought to enjoin the state law establishing permit requirements for retired law enforcement officers to carry handguns. Plaintiffs also sought attorneys fees, costs, and a declaratory judgment that the federal Law Enforcement Officer Safety Act (LEOSA) preempts state law. Plaintiffs were represented by private counsel. 

Plaintiffs brought the claim under 42 U.S.C. § 1983, alleging that the New Jersey gun laws interfere with their federal right to carry a concealed firearm conferred by LEOSA. Plaintiffs argued that they are qualified retired law enforcement officers under LEOSA, and they should not have to obtain a separate permit from the State of New Jersey in order to carry a concealed firearm.  

The case was assigned to Judge Michael A. Shipp. On July 27, defendants filed a motion to dismiss. Writing as amici, the Association of New Jersey Rifle & Pistol Clubs and the National Rifle Association joined plaintiffs in opposing the motion to dismiss. On October 8, 2020, the United States submitted a Statement of Interest supporting the plaintiffs’ position. On October 13, the defendants withdrew their motion to dismiss in order to proceed with discovery. 

After several months of discovery, plaintiffs filed a motion for summary judgment on May 14, 2021. Plaintiffs acknowledged that New Jersey changed its enforcement policy in response to the lawsuit, but emphasized that state law as written still unconstitutionally disregarded the supremacy of the federal law on the matter. Defendants filed a cross motion for summary judgment on June 28. On June 25, 2021, the case was reassigned to Judge Zahid N. Quraishi. 

A year later, on June 21, 2022, the district court granted the plaintiffs’ motion for summary judgment and denied the state’s cross-motion. 2022 WL 2236351. The court found that LEOSA preempted the New Jersey gun laws at issue, and enjoined the State from arresting and/or prosecuting any qualified retired law enforcement officer who has the identification required under federal law, regardless of their state of residence or agency of prior employment. 

Defendants moved to stay the injunction pending appeal in the United States Court of Appeals for the Third Circuit. (No. 22-2209). The district court denied the motion to stay, finding it unlikely that the defendants’ appeal would succeed on the merits or that the injunction would pose a significant risk to public safety, given other lawful firearm requirements. The district court then granted the plaintiffs’ motion to extend the time to file a motion for attorneys’ fees until the Third Circuit issued a mandate on the appeal. 

The Third Circuit heard oral argument in March 2023 and affirmed the district court’s judgment in favor of plaintiffs on February 14, 2024. 93 F.4th 122.

The district court has not yet ruled on attorneys’ fees. As of March 2024, this case is ongoing. 

 

Summary Authors

Grayson Metzger (3/24/2024)

Documents in the Clearinghouse

Document
1

3:20-cv-05762

Complaint

May 11, 2020

May 11, 2020

Complaint
60

3:20-cv-05762

Opinion

June 21, 2022

June 21, 2022

Order/Opinion

2022 WL 2022

84

3:20-cv-05762

Letter Order

Federal Law Enforcement Officers Association v. Platkin

Sept. 6, 2022

Sept. 6, 2022

Order/Opinion
85

3:20-cv-05762

Judgment

Federal Law Enforcement Officers Association v. Attorney General New Jersey

U.S. Court of Appeals for the Third Circuit

Feb. 14, 2024

Feb. 14, 2024

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17145379/federal-law-enforcement-officers-association-v-grewal/

Last updated March 18, 2024, 4:32 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against PATRICK J. CALLAHAN, GURBIR GREWAL ( Filing and Admin fee $ 400 receipt number ANJDC-10795564), filed by JOSEPH JAKUBIEC, FEDERAL LAW ENFORCEMENT OFFICERS ASSOCIATION, RICHARD BOWEN, NEW JERSEY FRATERNAL ORDER OF POLICE,, CHRISTOPHER MARTINEZ. (Attachments: # 1 Civil Cover Sheet)(HARBIST, NICHOLAS) (Entered: 05/11/2020)

1 Civil Cover Sheet

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May 11, 2020

May 11, 2020

Clearinghouse

Add and Terminate Judges

May 11, 2020

May 11, 2020

PACER

Judge Michael A. Shipp and Magistrate Judge Tonianne J. Bongiovanni added. (mg)

May 11, 2020

May 11, 2020

PACER
2

SUMMONS ISSUED as to PATRICK J. CALLAHAN, GURBIR GREWAL. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (mg) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
3

WAIVER OF SERVICE Returned Executed by JOSEPH JAKUBIEC, FEDERAL LAW ENFORCEMENT OFFICERS ASSOCIATION, RICHARD BOWEN, NEW JERSEY FRATERNAL ORDER OF POLICE,, CHRISTOPHER MARTINEZ. GURBIR GREWAL waiver sent on 5/14/2020, answer due 7/13/2020. (HARBIST, NICHOLAS) (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

PACER
4

WAIVER OF SERVICE Returned Executed by JOSEPH JAKUBIEC, FEDERAL LAW ENFORCEMENT OFFICERS ASSOCIATION, RICHARD BOWEN, NEW JERSEY FRATERNAL ORDER OF POLICE,, CHRISTOPHER MARTINEZ. PATRICK J. CALLAHAN waiver sent on 5/14/2020, answer due 7/13/2020. (HARBIST, NICHOLAS) (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

PACER
5

NOTICE of Appearance by BRYAN EDWARD LUCAS on behalf of PATRICK J. CALLAHAN, GURBIR GREWAL (LUCAS, BRYAN) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER
6

NOTICE of Appearance by STEPHEN M. ORLOFSKY on behalf of RICHARD BOWEN, FEDERAL LAW ENFORCEMENT OFFICERS ASSOCIATION, JOSEPH JAKUBIEC, CHRISTOPHER MARTINEZ, NEW JERSEY FRATERNAL ORDER OF POLICE, (ORLOFSKY, STEPHEN) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER
7

NOTICE of Appearance by MICHAEL RAY DARBEE on behalf of RICHARD BOWEN, FEDERAL LAW ENFORCEMENT OFFICERS ASSOCIATION, JOSEPH JAKUBIEC, CHRISTOPHER MARTINEZ, NEW JERSEY FRATERNAL ORDER OF POLICE, (DARBEE, MICHAEL) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER
8

NOTICE of Appearance by BLAIR A. GEROLD on behalf of RICHARD BOWEN, FEDERAL LAW ENFORCEMENT OFFICERS ASSOCIATION, JOSEPH JAKUBIEC, CHRISTOPHER MARTINEZ, NEW JERSEY FRATERNAL ORDER OF POLICE, (GEROLD, BLAIR) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER
9

Application and Proposed Order for Clerk's Order to extend time to answer as to Defendants Grewal and Callahan. Attorney BRYAN EDWARD LUCAS for PATRICK J. CALLAHAN,BRYAN EDWARD LUCAS for GURBIR GREWAL added. (LUCAS, BRYAN) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER

Update Answer Due Deadline

June 30, 2020

June 30, 2020

PACER

Clerk`s Text Order - The document 9 Application for Clerk's Order to Ext Answer/Proposed Order submitted by GURBIR GREWAL, PATRICK J. CALLAHAN has been GRANTED. The answer due date has been set for 07/27/2020. (jdb)

June 30, 2020

June 30, 2020

PACER
10

MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) by All Defendants. Responses due by 8/25/2020 (Attachments: # 1 Certificate of Service, # 2 Text of Proposed Order, # 3 Brief)(LUCAS, BRYAN) (Entered: 07/27/2020)

1 Certificate of Service

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2 Text of Proposed Order

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3 Brief

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July 27, 2020

July 27, 2020

RECAP

Set/Reset Motion and R&R Deadlines/Hearings

July 27, 2020

July 27, 2020

PACER

Set Deadlines as to 10 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6). Motion set for 9/8/2020 before Judge Michael A. Shipp. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jdb)

July 27, 2020

July 27, 2020

PACER
11

Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion filed by RICHARD BOWEN, FEDERAL LAW ENFORCEMENT OFFICERS ASSOCIATION, JOSEPH JAKUBIEC, CHRISTOPHER MARTINEZ, NEW JERSEY FRATERNAL ORDER OF POLICE, re 10 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) (HARBIST, NICHOLAS) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER

Set/Reset Motion and R&R Deadlines/Hearings

Aug. 11, 2020

Aug. 11, 2020

PACER

Reset Deadlines as to 10 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6). Motion reset for 9/21/2020 before Judge Michael A. Shipp. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jem)

Aug. 11, 2020

Aug. 11, 2020

PACER
12

Letter from Defendants re 10 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6). (LUCAS, BRYAN) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

PACER
13

LETTER ORDER adjusting dates for 10 Motion to Dismiss. Plaintiffs' opposition brief shall be due 09/15/2020. Defendants' reply brief shall be due 09/29/2020. Signed by Judge Michael A. Shipp on 08/17/2020. (jdb) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER
14

MOTION for Leave to Appear Amicus Curiae in Opposition to Defendants' Motion to Dismiss by NATIONAL RIFLE ASSOCIATION OF AMERICA, ASSOCIATION OF NEW JERSEY RIFLE & PISTOL CLUBS, INC.. (Attachments: # 1 Brief in Support of Motion to Appear as Amici Curiae, # 2 Text of Proposed Order)(SCHMUTTER, DANIEL) (Entered: 09/04/2020)

1 Brief in Support of Motion to Appear as Amici Curiae

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2 Text of Proposed Order

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Sept. 4, 2020

Sept. 4, 2020

RECAP

Set/Reset Motion and R&R Deadlines/Hearings

Sept. 4, 2020

Sept. 4, 2020

PACER
15

BRIEF in Opposition filed by ASSOCIATION OF NEW JERSEY RIFLE & PISTOL CLUBS, INC., NATIONAL RIFLE ASSOCIATION OF AMERICA re 14 MOTION for Leave to Appear Amicus Curiae in Opposition to Defendants' Motion to Dismiss, 10 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) Proposed Amici Curiae Brief in Opposition to Defendants' Motion to Dismiss (SCHMUTTER, DANIEL) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

RECAP
16

Corporate Disclosure Statement by NATIONAL RIFLE ASSOCIATION OF AMERICA. (SCHMUTTER, DANIEL) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
17

Corporate Disclosure Statement by ASSOCIATION OF NEW JERSEY RIFLE & PISTOL CLUBS, INC.. (SCHMUTTER, DANIEL) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER

Set Deadlines as to 14 MOTION for Leave to Appear Amicus Curiae in Opposition to Defendants' Motion to Dismiss. Motion set for 10/25/2020 before Judge Michael A. Shipp. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jdb)

Sept. 4, 2020

Sept. 4, 2020

PACER
18

BRIEF in Opposition filed by All Plaintiffs re 10 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) (HARBIST, NICHOLAS) (Entered: 09/15/2020)

Sept. 15, 2020

Sept. 15, 2020

PACER
19

Letter from Defendants Requesting Extension of Reply Brief Deadline re 10 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6). (LUCAS, BRYAN) (Entered: 09/27/2020)

Sept. 27, 2020

Sept. 27, 2020

PACER
20

LETTER ORDER extending the deadline to file the Defendants' reply brief to 10 Motion to dismiss, until 10/13/2020. Signed by Judge Michael A. Shipp on 09/28/2020. (jdb) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
21

STATEMENT OF INTEREST by UNITED STATES OF AMERICA. (BICKFORD, JAMES) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

RECAP
22

Letter from Defendants Withdrawing Motion to Dismiss re 10 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6). (LUCAS, BRYAN) (Entered: 10/13/2020)

Oct. 13, 2020

Oct. 13, 2020

RECAP
23

LETTER ORDER withdrawing 10 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6). The deadline to file Defendants' answer is 10/27/2020. Signed by Judge Michael A. Shipp on 10/19/2020. (jdb) (Entered: 10/19/2020)

Oct. 19, 2020

Oct. 19, 2020

PACER
24

ANSWER to Complaint with JURY DEMAND by All Defendants.(LUCAS, BRYAN) (Entered: 10/27/2020)

Oct. 27, 2020

Oct. 27, 2020

RECAP
25

ORDER SCHEDULING CONFERENCE: Scheduling Conference set for 12/1/2020 11:00 AM in Trenton - Courtroom 6W before Magistrate Judge Tonianne J. Bongiovanni. Signed by Magistrate Judge Tonianne J. Bongiovanni on 10/27/2020. (jdb) (Entered: 10/27/2020)

Oct. 27, 2020

Oct. 27, 2020

PACER

Pretrial Conference - Initial

Dec. 1, 2020

Dec. 1, 2020

PACER

Text Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Initial Pretrial Conference held on December 1, 2020. Fed. R. Civ. P. 26 Disclosures are to be provided no later than December 15, 2020; Service of initial written discovery are to be provided no later than December 21, 2020. Responses to written discovery to be provided no later than February 19, 2021. The parties are to report back to the Court electronically to tjb_orders@njd.uscourts.gov no later than 2/26/2021, with a written status update. (mm)

Dec. 1, 2020

Dec. 1, 2020

PACER
26

TEXT ORDER: In light of Defendants' withdrawal of their Motion to Dismiss (ECF No. 23 ), the National Rifle Association of America and the Association of New Jersey Rifle & Pistol Clubs, Inc.'s Motion for Leave to Appear as Amicus Curiae in Opposition to Defendants' Motion to Dismiss (ECF No. 14 ) is terminated. So Ordered by Judge Michael A. Shipp on 12/1/2020. (gxh) (Entered: 12/01/2020)

Dec. 1, 2020

Dec. 1, 2020

PACER

Order on Motion to Appear Amicus Curiae

Dec. 1, 2020

Dec. 1, 2020

PACER
27

Discovery Confidentiality Order filed. Signed by Magistrate Judge Tonianne J. Bongiovanni on 12/22/2020. (jmh) (Entered: 12/22/2020)

Dec. 22, 2020

Dec. 22, 2020

PACER
28

NOTICE of Appearance by TASHA MARIE BRADT on behalf of PATRICK J. CALLAHAN, GURBIR GREWAL (BRADT, TASHA) (Entered: 01/13/2021)

Jan. 13, 2021

Jan. 13, 2021

PACER
29

Letter from Defendants Requesting Extension of Time to Provide Written Discovery Responses. (LUCAS, BRYAN) (Entered: 02/18/2021)

Feb. 18, 2021

Feb. 18, 2021

RECAP
30

LETTER ORDER granting Defendants request for two week extension to 3/5/2021. Signed by Magistrate Judge Tonianne J. Bongiovanni on 2/19/2021. (abr, ) (Entered: 02/19/2021)

Feb. 19, 2021

Feb. 19, 2021

PACER
31

TEXT ORDER: Status Conference via telephone set for April 15, 2021 at 10:30 a.m. before Magistrate Judge Tonianne J. Bongiovanni. Kindly mark your calendars accordingly. The Court shall circulate dial-in information for the telephone conference at a later date. So Ordered by Magistrate Judge Tonianne J. Bongiovanni. (mm) (Entered: 03/17/2021)

March 17, 2021

March 17, 2021

PACER

Order on Oral Motion

March 17, 2021

March 17, 2021

PACER
32

Letter from Nicholas C. Harbist, Esquire re 31 Order on Oral Motion,. (HARBIST, NICHOLAS) (Entered: 04/13/2021)

April 13, 2021

April 13, 2021

RECAP
33

Letter from DAG Bradt. (BRADT, TASHA) (Entered: 04/13/2021)

April 13, 2021

April 13, 2021

RECAP

Telephone Conference

April 15, 2021

April 15, 2021

PACER

Text Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 4/15/2021. The parties are to report back to the Court electronically to tjb_orders@njd.uscourts.gov no later than 4/30/2021, with a joint written status update regarding settlement. (mm)

April 15, 2021

April 15, 2021

PACER
34

MOTION for Summary Judgment by RICHARD BOWEN, FEDERAL LAW ENFORCEMENT OFFICERS ASSOCIATION, JOSEPH JAKUBIEC, CHRISTOPHER MARTINEZ, NEW JERSEY FRATERNAL ORDER OF POLICE,. (Attachments: # 1 Brief, # 2 Declaration of Christopher Martinez, # 3 Declaration of Joseph Jakubiec, # 4 Declaration of Lazaro Cosme, # 5 Declaration of Richard Bowen, # 6 Declaration of Robert Fox, # 7 Statement of Undisputed Material Facts, # 8 Text of Proposed Order)(HARBIST, NICHOLAS) (Entered: 05/14/2021)

1 Brief

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2 Declaration of Christopher Martinez

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3 Declaration of Joseph Jakubiec

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4 Declaration of Lazaro Cosme

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5 Declaration of Richard Bowen

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6 Declaration of Robert Fox

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7 Statement of Undisputed Material Facts

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8 Text of Proposed Order

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May 14, 2021

May 14, 2021

PACER
35

DECLARATION of Nicholas C. Harbist re 34 MOTION for Summary Judgment by RICHARD BOWEN, FEDERAL LAW ENFORCEMENT OFFICERS ASSOCIATION, JOSEPH JAKUBIEC, CHRISTOPHER MARTINEZ, NEW JERSEY FRATERNAL ORDER OF POLICE,. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(HARBIST, NICHOLAS)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. (Entered: 05/14/2021)

May 14, 2021

May 14, 2021

PACER

Set/Reset Motion and R&R Deadlines/Hearings

May 16, 2021

May 16, 2021

PACER

Set Deadlines as to 34 MOTION for Summary Judgment . Motion set for 6/7/2021 before Judge Michael A. Shipp. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jem)

May 16, 2021

May 16, 2021

PACER
36

REDACTION to 35 Declaration,,, of Nicholas C. Harbist and Exhibits by All Plaintiffs. (HARBIST, NICHOLAS) (Entered: 05/17/2021)

May 17, 2021

May 17, 2021

PACER
37

Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re 34 MOTION for Summary Judgment . (BRADT, TASHA) (Entered: 05/20/2021)

May 20, 2021

May 20, 2021

PACER

Set/Reset Motion and R&R Deadlines/Hearings

May 21, 2021

May 21, 2021

PACER

Set Deadlines as to 34 MOTION for Summary Judgment . Motion set for 6/21/2021 before Judge Michael A. Shipp. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (abr, )

May 21, 2021

May 21, 2021

PACER
38

Letter from DAG Bradt. (BRADT, TASHA) (Entered: 06/02/2021)

June 2, 2021

June 2, 2021

RECAP
39

LETTER ORDER that Defendants Opposition to Plaintiffs Motion for Summary Judgment and Cross-Motion for Summary Judgment due on 6/28/2021; Plaintiffs Reply to Defendants Opposition and Opposition to Defendants Cross-Motion due on 7/19/2021. Signed by Judge Michael A. Shipp on 6/3/2021. (abr, ) Modified on 6/8/2021 (eaj, ). (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
40

TEXT ORDER REASSIGNING CASE. Case reassigned to Judge Zahid N. Quraishi for all further proceedings. Judge Michael A. Shipp no longer assigned to case. So Ordered by Chief Judge Freda L. Wolfson on 6/25/2021. (jem) (Entered: 06/25/2021)

June 25, 2021

June 25, 2021

PACER

Order Reassigning Case

June 25, 2021

June 25, 2021

PACER
41

MOTION for Summary Judgment by PATRICK J. CALLAHAN, GURBIR GREWAL. (Attachments: # 1 Brief Brief in Support of Defendants' Opposition to Plaintiffs' Motion for Summary Judgment and Cross-Motion for Summary Judgment, # 2 Statement Defendants' SOMF, # 3 Statement Defendants' Response to Plaintiffs' SOMF, # 4 Declaration DAG Bradt Exhibit Declaration, # 5 Exhibit Redacted Exhibits, # 6 Declaration Bogdan Declaration, # 7 Certificate of Service, # 8 Text of Proposed Order)(BRADT, TASHA) (Entered: 06/28/2021)

1 Brief Brief in Support of Defendants' Opposition to Plaintiffs' Motion

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2 Statement Defendants' SOMF

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3 Statement Defendants' Response to Plaintiffs' SOMF

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4 Declaration DAG Bradt Exhibit Declaration

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5 Exhibit Redacted Exhibits

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6 Declaration Bogdan Declaration

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7 Certificate of Service

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8 Text of Proposed Order

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June 28, 2021

June 28, 2021

PACER

Set/Reset Motion and R&R Deadlines/Hearings

June 28, 2021

June 28, 2021

PACER

Set Deadlines as to 41 MOTION for Summary Judgment . Motion set for 8/2/2021 before Judge Zahid N. Quraishi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (abr, )

June 28, 2021

June 28, 2021

PACER

Set/Reset Motion and R&R Deadlines/Hearings

June 29, 2021

June 29, 2021

PACER
42

Letter from Nicholas C. Harbist, Esq., requesting extension of time to file reply/opposition brief re 41 MOTION for Summary Judgment, 34 MOTION for Summary Judgment . (HARBIST, NICHOLAS) (Entered: 07/12/2021)

July 12, 2021

July 12, 2021

PACER
43

LETTER ORDER that Plaintiff's reply and opposition papers be extended one week until 7/26/2021. Signed by Magistrate Judge Z. N. Quraishi on 7/13/2021. (abr, ) (Entered: 07/13/2021)

July 13, 2021

July 13, 2021

PACER
44

REPLY BRIEF to Opposition to Motion filed by RICHARD BOWEN, FEDERAL LAW ENFORCEMENT OFFICERS ASSOCIATION, JOSEPH JAKUBIEC, CHRISTOPHER MARTINEZ, NEW JERSEY FRATERNAL ORDER OF POLICE, re 41 MOTION for Summary Judgment, 34 MOTION for Summary Judgment (Attachments: # 1 Statement in Response to Defendants' Statement of Material Facts, # 2 Certification of Service)(HARBIST, NICHOLAS) (Entered: 07/26/2021)

July 26, 2021

July 26, 2021

PACER
45

DECLARATION of Robert Fox (Supplemental Declaration) re 41 MOTION for Summary Judgment, 34 MOTION for Summary Judgment by RICHARD BOWEN, FEDERAL LAW ENFORCEMENT OFFICERS ASSOCIATION, JOSEPH JAKUBIEC, CHRISTOPHER MARTINEZ, NEW JERSEY FRATERNAL ORDER OF POLICE,. (HARBIST, NICHOLAS)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. (Entered: 07/26/2021)

July 26, 2021

July 26, 2021

PACER
46

DECLARATION of George Lytwyn re 41 MOTION for Summary Judgment, 34 MOTION for Summary Judgment by RICHARD BOWEN, FEDERAL LAW ENFORCEMENT OFFICERS ASSOCIATION, JOSEPH JAKUBIEC, CHRISTOPHER MARTINEZ, NEW JERSEY FRATERNAL ORDER OF POLICE,. (HARBIST, NICHOLAS)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. (Entered: 07/26/2021)

July 26, 2021

July 26, 2021

PACER
47

REDACTION to 45 Declaration,,, by RICHARD BOWEN, FEDERAL LAW ENFORCEMENT OFFICERS ASSOCIATION, JOSEPH JAKUBIEC, CHRISTOPHER MARTINEZ, NEW JERSEY FRATERNAL ORDER OF POLICE,. (HARBIST, NICHOLAS) (Entered: 07/31/2021)

July 31, 2021

July 31, 2021

PACER
48

REDACTION to 46 Declaration,, by RICHARD BOWEN, FEDERAL LAW ENFORCEMENT OFFICERS ASSOCIATION, JOSEPH JAKUBIEC, CHRISTOPHER MARTINEZ, NEW JERSEY FRATERNAL ORDER OF POLICE,. (HARBIST, NICHOLAS) (Entered: 07/31/2021)

July 31, 2021

July 31, 2021

PACER
49

Third Party Litigation Funding disclosure statement pursuant to L.Civ.R 7.1.1(a)(1-3) filed by All Plaintiffs. (ORLOFSKY, STEPHEN) (Entered: 08/04/2021)

Aug. 4, 2021

Aug. 4, 2021

RECAP
50

MOTION to Redact 45 Declaration,,, 35 Declaration,,, 46 Declaration,, by RICHARD BOWEN, FEDERAL LAW ENFORCEMENT OFFICERS ASSOCIATION, JOSEPH JAKUBIEC, CHRISTOPHER MARTINEZ, NEW JERSEY FRATERNAL ORDER OF POLICE,. (Attachments: # 1 Declaration and Index Pursuant to Local Rule 5.3, # 2 Text of Proposed Order)(HARBIST, NICHOLAS) (Entered: 08/09/2021)

Aug. 9, 2021

Aug. 9, 2021

PACER

Set/Reset Motion and R&R Deadlines/Hearings

Aug. 10, 2021

Aug. 10, 2021

PACER

Set Deadlines as to 50 MOTION to Redact 45 Declaration,,, 35 Declaration,,, 46 Declaration,, . Motion set for 9/7/2021 before Magistrate Judge Tonianne J. Bongiovanni. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jdb, )

Aug. 10, 2021

Aug. 10, 2021

PACER
51

Letter from Defendants re 50 MOTION to Redact 45 Declaration,,, 35 Declaration,,, 46 Declaration,, . (LUCAS, BRYAN) (Entered: 08/12/2021)

Aug. 12, 2021

Aug. 12, 2021

RECAP
52

Letter from Defendants Requesting Leave to File Proposed Reply Brief in Further Support of Cross-Motion for Summary Judgment re 41 MOTION for Summary Judgment . (LUCAS, BRYAN) (Entered: 08/16/2021)

Aug. 16, 2021

Aug. 16, 2021

PACER
53

LETTER ORDER granting request for Defendants to file a reply brief. Signed by Judge Zahid N. Quraishi on 8/17/2021. (abr, ) (Entered: 08/17/2021)

Aug. 17, 2021

Aug. 17, 2021

PACER
54

REPLY BRIEF to Opposition to Motion filed by All Defendants re 41 MOTION for Summary Judgment (LUCAS, BRYAN) (Entered: 08/17/2021)

Aug. 17, 2021

Aug. 17, 2021

PACER
55

Letter from Nicholas C. Harbist Requesting Leave to File Sur Reply re 54 Reply Brief to Opposition to Motion. (HARBIST, NICHOLAS) (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

PACER
56

LETTER ORDER granting Plaintiff request for leave to file a sur reply brief. Signed by Judge Zahid N. Quraishi on 8/23/2021. (abr, ) (Entered: 08/23/2021)

Aug. 23, 2021

Aug. 23, 2021

PACER
57

BRIEF in Opposition filed by RICHARD BOWEN, FEDERAL LAW ENFORCEMENT OFFICERS ASSOCIATION, JOSEPH JAKUBIEC, CHRISTOPHER MARTINEZ, NEW JERSEY FRATERNAL ORDER OF POLICE, re 41 MOTION for Summary Judgment Sur Reply Brief in Response to Defendants' Reply Brief (HARBIST, NICHOLAS) (Entered: 08/23/2021)

Aug. 23, 2021

Aug. 23, 2021

PACER
58

ORDER granting Plaintiff's 50 Motion to Seal; The portions of the parties filings concerning the materials identified in Exhibit A to the Declaration of Nicholas C. Harbist are hereby REDACTED AND SEALED. Signed by Magistrate Judge Tonianne J. Bongiovanni on 9/14/2021. (abr, ) (Entered: 09/14/2021)

Sept. 14, 2021

Sept. 14, 2021

PACER
59

NOTICE of Appearance by TIM SHEEHAN on behalf of All Defendants (SHEEHAN, TIM) (Entered: 01/28/2022)

Jan. 28, 2022

Jan. 28, 2022

RECAP
60

OPINION filed. Signed by Judge Zahid N. Quraishi on 6/21/2022. (jdg)

June 21, 2022

June 21, 2022

Clearinghouse
61

ORDER granting 34 Motion for Summary Judgment denying 41 Motion for Summary Judgment ***CIVIL CASE TERMINATED. Signed by Judge Zahid N. Quraishi on 6/21/2022. (jdg) (Entered: 06/21/2022)

June 21, 2022

June 21, 2022

RECAP
62

MOTION to Stay re 60 Opinion, 61 Order on Motion for Summary Judgment, Pending Appeal by All Defendants. (Attachments: # 1 Text of Proposed Order)(SHEEHAN, TIM) (Entered: 06/30/2022)

1 Text of Proposed Order

View on PACER

June 30, 2022

June 30, 2022

RECAP
65

AFFIDAVIT in Support filed by All Defendants re 62 MOTION to Stay re 60 Opinion, 61 Order on Motion for Summary Judgment, Pending Appeal Declaration of Edwin Lee, Jr. (SHEEHAN, TIM) (Entered: 06/30/2022)

June 30, 2022

June 30, 2022

PACER
63

BRIEF in Support filed by All Defendants re 62 MOTION to Stay re 60 Opinion, 61 Order on Motion for Summary Judgment, Pending Appeal (SHEEHAN, TIM)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. (Entered: 06/30/2022)

June 30, 2022

June 30, 2022

PACER
66

AFFIDAVIT in Support filed by All Defendants re 62 MOTION to Stay re 60 Opinion, 61 Order on Motion for Summary Judgment, Pending Appeal Declaration of Charles Bogdan (SHEEHAN, TIM) (Entered: 06/30/2022)

June 30, 2022

June 30, 2022

PACER
64

AFFIDAVIT in Support filed by All Defendants re 62 MOTION to Stay re 60 Opinion, 61 Order on Motion for Summary Judgment, Pending Appeal Declaration of Rebecca Velez (SHEEHAN, TIM) (Entered: 06/30/2022)

June 30, 2022

June 30, 2022

PACER
67

MOTION to Seal Brief In Support of Motion to Stay Pending Appeal by All Defendants. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(SHEEHAN, TIM) (Entered: 06/30/2022)

June 30, 2022

June 30, 2022

PACER
68

NOTICE OF APPEAL as to 60 Opinion, 61 Order on Motion for Summary Judgment, by GURBIR GREWAL. Filing fee $ 505, receipt number ANJDC-13529236. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. Appeal Record due by 7/14/2022. (SHEEHAN, TIM) (Entered: 06/30/2022)

June 30, 2022

June 30, 2022

PACER
69

ORDER granting 67 Motion to Seal; A complete, non-redacted version of Defendants Motion to Stay Pending Appeal. Signed by Magistrate Judge Tonianne J. Bongiovanni on 6/30/2022. (jal, ) (Entered: 06/30/2022)

June 30, 2022

June 30, 2022

PACER
70

ORDER granting 67 Defendants Motion to Seal 63 Brief in support of the Motion to Stay. Signed by Magistrate Judge Tonianne J. Bongiovanni on 6/30/2022. (eaj, ) (Entered: 06/30/2022)

June 30, 2022

June 30, 2022

PACER
71

DECLARATION of Edwin Lee, Jr. re 62 MOTION to Stay re 60 Opinion, 61 Order on Motion for Summary Judgment, Pending Appeal by All Defendants. (SHEEHAN, TIM) (Entered: 06/30/2022)

June 30, 2022

June 30, 2022

PACER
72

DECLARATION of Charles Bogdan re 62 MOTION to Stay re 60 Opinion, 61 Order on Motion for Summary Judgment, Pending Appeal by All Defendants. (SHEEHAN, TIM) (Entered: 06/30/2022)

June 30, 2022

June 30, 2022

RECAP
73

DECLARATION of Rebecca Velez re 62 MOTION to Stay re 60 Opinion, 61 Order on Motion for Summary Judgment, Pending Appeal by All Defendants. (SHEEHAN, TIM) (Entered: 06/30/2022)

June 30, 2022

June 30, 2022

PACER

Set/Reset Motion and R&R Deadlines/Hearings

June 30, 2022

June 30, 2022

PACER

Case Details

State / Territory: New Jersey

Case Type(s):

Policing

Key Dates

Filing Date: May 11, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

An organization of federal law enforcement officers and individual retired officers who intend to carry concealed handguns

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of New Jersey, State

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Federalism (including 10th Amendment)

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

State Statute Struck Down