Case: Ocean State Tactical, LLC v. State of Rhode Island

COMPLAINT ( filing fee paid $ 402.00, receipt number ARIDC-1770820 ), filed by Ocean State Tactical, LLC d/b/a Big Bear Hunting and Fishing Supply, Jeffrey Goyette, James Robert Grundy, Jonathan Hirons, Mary Brimer. (Attachments: # 1 Exhibit A-C, # 2 Civil Cover Sheet Coversheet)(Kelly, Michael) (Entered: 06/23/2022)

1 Exhibit A-C

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2 Civil Cover Sheet Coversheet

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CASE OPENING NOTICE ISSUED (Simoncelli, Michael) (Entered: 06/24/2022)

Case assigned to Chief Judge John J. McConnell, Jr. and Magistrate Judge Patricia A. Sullivan. (Simoncelli, Michael)

Case Assigned/Reassigned

Summons Request filed by Mary Brimer, Jeffrey Goyette, James Robert Grundy, Jonathan Hirons, Ocean State Tactical, LLC. (Kelly, Michael) (Entered: 06/30/2022)

Summons Issued as to State of Rhode Island. (DaCruz, Kayla) (Entered: 06/30/2022)

SUMMONS Returned Executed by Ocean State Tactical, LLC, Jeffrey Goyette, James Robert Grundy, Jonathan Hirons, Mary Brimer. State of Rhode Island served on 7/6/2022, answer due 7/27/2022. (Kelly, Michael A.) Modified on 7/7/2022 to correct docket text (DaCruz, Kayla). (Entered: 07/07/2022)

NOTICE of Appearance by Keith David Hoffmann on behalf of State of Rhode Island (Hoffmann, Keith) (Entered: 07/19/2022)

Assented MOTION for an Extension of Time to File Answer re 1 Complaint, filed by State of Rhode Island. Responses due by 8/2/2022. (Hoffmann, Keith) (Entered: 07/19/2022)

TEXT ORDER granting 7 Assented MOTION for an Extension of Time to File Answer re: 1 Complaint; State of Rhode Island answer due 8/26/2022. So Ordered by Chief Judge John J. McConnell, Jr. on 7/20/2022. (Jackson, Ryan)

Order on Motion for Extension of Time to Answer

MOTION for Temporary Restraining Order filed by All Plaintiffs. (Attachments: # 1 Exhibit A-C)(Kelly, Michael) (Entered: 08/09/2022)

1 Exhibit A-C

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NOTICE of Hearing: Chambers Conference re: 8 Motion for TRO scheduled for Thursday 8/18/2022 at 2:00 PM as a Remote Conference before Chief Judge John J. McConnell, Jr.; Zoom information below is for COUNSEL ONLY - any other party or individual attempting to join will be removed by the Court.(Zoom Meeting ID: 160 574 2763, Passcode: 653986) (Jackson, Ryan)

Notice of Hearing (Form Attached)

Minute Entry for proceedings held before Chief Judge John J. McConnell, Jr.: Chambers Conference via Zoom held on 8/18/2022. Counsel present: M. Kelly, T. Romano, D. Ardente; S. Rice, K. Hoffman (Jackson, Ryan)

TEXT ORDER: With the consent of the parties, the Court will convert the Motion for a Temporary Restraining Order 8 to a Motion for a Preliminary Injunction. Defendant State of RI's Response to the motion to be filed on or before 10/14/22; Plaintiffs' Reply to same is to be filed on or before 10/24/22. In advance of their briefing deadline, Defendant State of RI is hereby ordered to provide an informal preview of evidence they plan to submit to the Court in support of their Response. The State shall submit the identification and a summary of any experts' "testimony" by 10/1/22. So Ordered by Chief Judge John J. McConnell, Jr. on 8/18/2022. (Jackson, Ryan)

In Chambers Conference

Order

NOTICE of Appearance by Sarah Rice on behalf of State of Rhode Island (Rice, Sarah) (Entered: 08/23/2022)

MOTION to Dismiss filed by State of Rhode Island. Responses due by 9/9/2022. (Attachments: # 1 Supporting Memorandum)(Hoffmann, Keith) (Entered: 08/26/2022)

1 Supporting Memorandum

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Assented MOTION for an Extension of Time to File Response/Reply as to 10 MOTION to Dismiss filed by All Plaintiffs. Responses due by 9/15/2022. (Kelly, Michael) (Entered: 09/01/2022)

TEXT ORDER granting 11 Assented MOTION for an Extension of Time to File Response to 10 MOTION to Dismiss; Responses due by 9/26/2022. So Ordered by Chief Judge John J. McConnell, Jr. on 9/12/2022. (Jackson, Ryan)

Order on Motion for Extension of Time to File Response/Reply

AMENDED COMPLAINT filed by Ocean State Tactical, LLC, Jeffrey Goyette, James Robert Grundy, Jonathan Hirons, Mary Brimer. (Attachments: # 1 Exhibit A-C)(Kelly, Michael) Modified on 9/23/2022 to correct docket text. (Kenny, Meghan). (Entered: 09/15/2022)

1 Exhibit A-C

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Summons Request filed by Mary Brimer, Jeffrey Goyette, James Robert Grundy, Jonathan Hirons, Ocean State Tactical, LLC. (Kelly, Michael) (Entered: 09/23/2022)

Summons Request filed by Mary Brimer, Jeffrey Goyette, James Robert Grundy, Jonathan Hirons, Ocean State Tactical, LLC. (Kelly, Michael) (Entered: 09/23/2022)

Summons Issued as to Peter F. Nerhona, Darnell S. Weaver. (Kenny, Meghan) (Entered: 09/23/2022)

NOTICE by Mary Brimer, Jeffrey Goyette, James Robert Grundy, Jonathan Hirons, Ocean State Tactical, LLC NOTICE OF WITHDRAWAL (Kelly, Michael) (Entered: 09/29/2022)

SUMMONS Returned Executed by James Robert Grundy, Jonathan Hirons, Jeffrey Goyette, Ocean State Tactical, LLC, Mary Brimer. Peter F. Nerhona served on 10/3/2022, answer due 10/24/2022. (Kelly, Michael) Modified on 10/4/2022 to correct docket text. (DaCruz, Kayla) (Entered: 10/03/2022)

SUMMONS Returned Executed by James Robert Grundy, Jonathan Hirons, Jeffrey Goyette, Ocean State Tactical, LLC, Mary Brimer. Darnell S. Weaver served on 10/3/2022, answer due 10/24/2022. (Kelly, Michael) Modified on 10/4/2022 to correct docket text. (DaCruz, Kayla) (Entered: 10/03/2022)

RESPONSE In Opposition to 8 MOTION for Temporary Restraining Order filed by Peter F. Nerhona, Darnell S. Weaver. Replies due by 10/21/2022. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Exhibit Exhibit I, # 10 Exhibit Exhibit J, # 11 Exhibit Exhibit K)(Rice, Sarah) (Entered: 10/14/2022)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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3 Exhibit Exhibit C

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4 Exhibit Exhibit D

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5 Exhibit Exhibit E

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6 Exhibit Exhibit F

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7 Exhibit Exhibit G

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8 Exhibit Exhibit H

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9 Exhibit Exhibit I

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10 Exhibit Exhibit J

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11 Exhibit Exhibit K

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NOTICE of Hearing on 8 MOTION for Temporary Restraining Order/Preliminary Injunction: Motion Hearing scheduled for Wednesday 11/2/2022 at 9:30 AM in Courtroom 1 before Chief Judge John J. McConnell, Jr. (Jackson, Ryan)

Notice of Hearing on Motion

Assented MOTION for an Extension of Time to File Response/Reply filed by All Plaintiffs. Responses due by 11/7/2022. (Kelly, Michael) (Entered: 10/24/2022)

ANSWER to 12 Amended Complaint by Peter F. Nerhona, Darnell S. Weaver.(Rice, Sarah) (Entered: 10/24/2022)

TEXT ORDER granting 20 Motion for Extension of Time to File Reply to 8 MOTION for Temporary Restraining Order; Replies due by 10/27/2022. So Ordered by Chief Judge John J. McConnell, Jr. on 10/25/2022. (Jackson, Ryan)

Order on Motion for Extension of Time to File Response/Reply

REPLY to Response re 19 Response to Motion,, filed by Mary Brimer, Jeffrey Goyette, James Robert Grundy, Jonathan Hirons, Ocean State Tactical, LLC. (Attachments: # 1 Exhibit A-F)(Kelly, Michael) (Entered: 10/27/2022)

1 Exhibit A-F

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Reset Hearings re: Notice of Hearing on 8 MOTION for Temporary Restraining Order/Preliminary Injunction: Motion Hearing RE-SCHEDULED to THURSDAY 11/3/2022 at 2:00 PM in Courtroom 1 before Chief Judge John J. McConnell, Jr. The hearing previously scheduled for Wednesday 11/2/22 is hereby CANCELLED and re-scheduled to 11/3/22. (Jackson, Ryan)

Set/Reset Hearings

AFFIDAVIT of William Worthy by All Plaintiffs. (Kelly, Michael) (Entered: 11/03/2022)

Minute Entry for proceedings held before Chief Judge John J. McConnell, Jr.: Motion Hearing held on 11/3/2022 re: 8 MOTION for Temporary Restraining Order/Preliminary Injunction: counsel present: M. Kelly, D. Ardente; S. Rice, K. Hoffman; Plaintiffs argues their motion; Court questions Plaintiffs; Defendant argues against the motion; Court questions Defendant. Court takes matter under advisement. Court directs Plaintiffs to file a motion for leave to file a supplemental brief. (Court Reporter Denise Veitch in Courtroom 1 at 2:00 PM) (Jackson, Ryan)

Motion Hearing

MOTION to Exclude re: 23 Affidavit filed by Peter F. Nerhona, Darnell S. Weaver. Responses due by 11/18/2022. (Attachments: # 1 Exhibit)(Hoffmann, Keith) (Entered: 11/04/2022)

MOTION for Leave to File Amicus Brief filed by Firearms Policy Coalition. Responses due by 11/23/2022. (Lyons, Thomas) (Entered: 11/09/2022)

Amicus Curiae APPEARANCE entered by Thomas W. Lyons, III on behalf of Firearms Policy Coalition. (Lyons, Thomas) (Entered: 11/09/2022)

AMICUS BRIEF by Firearms Policy Coalition. (Lyons, Thomas) (Entered: 11/09/2022)

MOTION for Joseph Greenlee to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-1811680 ) filed by Firearms Policy Coalition. (Lyons, Thomas) (Entered: 11/09/2022)

MOTION for Cody J. Wisniewski to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-1811681 ) filed by Firearms Policy Coalition. (Lyons, Thomas) (Entered: 11/09/2022)

MOTION for Leave to File Document filed by All Plaintiffs. Responses due by 11/23/2022. (Kelly, Michael) (Entered: 11/09/2022)

RESPONSE In Opposition to 25 MOTION for Leave to File Amicus Brief filed by Peter F. Nerhona, Darnell S. Weaver. Replies due by 11/16/2022. (Rice, Sarah) (Entered: 11/09/2022)

TEXT ORDER granting 28 Motion to Appear Pro Hac Vice of Joseph Greenlee. So Ordered by Chief Judge John J. McConnell, Jr. on 11/9/2022. (Kenny, Meghan)

TEXT ORDER granting 29 Motion to Appear Pro Hac Vice of Cody J. Wisniewski. So Ordered by Chief Judge John J. McConnell, Jr. on 11/9/2022. (Kenny, Meghan)

Order on Motion to Appear Pro Hac Vice

TEXT ORDER denying 25 Motion for Leave to File Amicus Brief: The Firearms Policy Coalition moved on November 9, 2022, to file an amicus brief in support of the position of the Plaintiffs. (ECF No. 25.) The Motion is DENIED. The Court faces a short time to issue a decision, in consideration of the looming effective date of the statute whose constitutionality is challenged, and this Motion is filed well after the opening Memorandum of the party it supports. So Ordered by Chief Judge John J. McConnell, Jr. on 11/10/2022. (Jackson, Ryan)

TEXT ORDER granting 30 Motion for Leave to File: The Plaintiffs' Motion to File a Supplemental Brief (ECF No. 30) is GRANTED. The Supplemental Brief is limited to ten (10) pages, must be filed no later than Monday, November 14, 2022, and shall address legal arguments only without introducing new factual assertions or evidence. The Defendant may file a response of no more than ten (10) pages, no later than Friday, November 18, 2022, which shall similarly address legal arguments only without introducing new factual assertions or evidence. So Ordered by Chief Judge John J. McConnell, Jr. on 11/10/2022. (Jackson, Ryan)

Order on Motion for Leave to File Amicus Brief

Order on Motion for Leave to File

SUPPLEMENTAL MEMORANDUM by All Plaintiffs in support of 8 MOTION for Temporary Restraining Order . (Kelly, Michael) (Entered: 11/14/2022)

TRANSCRIPT ORDER for proceedings held on 11/03/2022 before Judge Chief Judge John J. McConnell, Jr.. Ordinary Transcript delivery selected. Transcript to be delivered in 30 days.. (Rice, Sarah) (Main Document 33 replaced on 11/29/2022) (McGuire, Vickie). (Entered: 11/18/2022)

TRANSCRIPT ORDER ACKNOWLEDGMENT Entered re: 33 Transcript Order. Court Reporter/Transcriber: Denise Veitch. (Dias, Jennifer) (Entered: 11/18/2022)

Supplemental RESPONSE In Opposition to 8 MOTION for Temporary Restraining Order filed by Peter F. Nerhona, Darnell S. Weaver. Replies due by 11/25/2022. (Rice, Sarah) (Entered: 11/18/2022)

RESPONSE In Opposition to 24 MOTION to Exclude re: 23 Affidavit filed by All Plaintiffs. Replies due by 11/25/2022. (Kelly, Michael) (Entered: 11/18/2022)

MEMORANDUM AND ORDER Re: 8 Motion for TRO/Motion for Preliminary Injunction filed by Jonathan Hirons, Jeffrey Goyette, Ocean State Tactical, LLC, Mary Brimer, James Robert Grundy, 24 Motion for Miscellaneous Relief/Motion to Exclude Affidavit filed by Darnell S. Weaver, Peter F. Nerhona. - So Ordered by Chief Judge John J. McConnell, Jr. on 12/14/2022. (McGuire, Vickie) (Entered: 12/14/2022)

TEXT ORDER: For reasons stated in the Memorandum and Order (ECF#37) the Court grants 24 MOTION to Exclude re: 23 Affidavit; MOTION for Temporary Restraining Order/ Motion for Preliminary Injunction 8 is denied. - So Ordered by Chief Judge John J. McConnell, Jr. on 12/14/2022. (McGuire, Vickie)

Order on Motion for TRO AND Order on Motion for Miscellaneous Relief

TRANSCRIPT ORDER for proceedings held on 11/3/2022 before Judge John J. McConnell, Jr.. 3-Day Transcript Selected. Transcript to be delivered within 3 calendar days.. (Kelly, Michael) (Main Document 38 replaced on 1/4/2023) (McGuire, Vickie). (Entered: 01/03/2023)

TRANSCRIPT ORDER ACKNOWLEDGMENT Entered re: 38 Transcript Order. Court Reporter/Transcriber: Denise Veitch. (Dias, Jennifer) (Entered: 01/03/2023)

TRANSCRIPT of Motion for Temporary Restraining Order, held on November 3, 2022, before Chief Judge John J. McConnell, Jr.. Court Reporter Denise P. Veitch, Telephone number 401-752-7031. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter or PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 1/27/2023. Redacted Transcript Deadline set for 2/6/2023. Release of Transcript Restriction set for 4/6/2023. (Veitch, Denise) (Entered: 01/06/2023)

TEXT ORDER denying as moot 10 Motion to Dismiss in light of the filing of 12 AMENDED COMPLAINT. So Ordered by Chief Judge John J. McConnell, Jr. on 1/9/2023. (Jackson, Ryan)

Order on Motion to Dismiss

NOTICE OF APPEAL by Mary Brimer, Jeffrey Goyette, James Robert Grundy, Jonathan Hirons, Ocean State Tactical, LLC as to 37 Memorandum and Order, ( filing fee paid $ 505.00, receipt number ARIDC-1831063 ) NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf/. Counsel should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf Appeal Record due by 1/20/2023. (Kelly, Michael) (Entered: 01/13/2023)

CLERK'S CERTIFICATE AND APPELLATE COVER SHEET: Abbreviated record on appeal consisting of notice of appeal, order(s) being appealed, and a certified copy of the district court docket report transmitted to the U.S. Court of Appeals for the First Circuit in accordance with 1st Cir. R. 11.0(b). 41 Notice of Appeal. (Attachments: # 1 Record on Appeal)(DaCruz, Kayla) (Entered: 01/13/2023)

1 Record on Appeal

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USCA Case Number 23-1072 for 41 Notice of Appeal,, filed by Jonathan Hirons, Jeffrey Goyette, Ocean State Tactical, LLC, Mary Brimer, James Robert Grundy. (Kenny, Meghan)

USCA Case Number

NOTICE of Appearance by Samuel Ackerman on behalf of Peter F. Nerhona, State of Rhode Island, Darnell S. Weaver (Ackerman, Samuel) (Entered: 01/20/2023)

Joint MOTION to Stay Proceedings Pending Resolution of Appeal filed by All Defendants. Responses due by 2/8/2023. (Rice, Sarah) (Entered: 01/25/2023)

TEXT ORDER granting 44 Motion to Stay Proceedings Pending Resolution of Appeal. So Ordered by Chief Judge John J. McConnell, Jr. on 1/27/2023. (Jackson, Ryan)

Order on Motion to Stay

NOTICE by Mary Brimer, Jeffrey Goyette, James Robert Grundy, Jonathan Hirons, Ocean State Tactical, LLC WITHDRAWAL (Ardente, Dane) (Entered: 02/17/2023)

OPINION of the U.S. Court of Appeals for the First Circuit entered as to 41 Notice of Appeal filed by Jonathan Hirons, Jeffrey Goyette, Ocean State Tactical, LLC, Mary Brimer, James Robert Grundy (Hill, Cherelle) (Entered: 03/08/2024)

JUDGMENT of the U.S. Court of Appeals for the First Circuit entered as to 41 Notice of Appeal filed by Jonathan Hirons, Jeffrey Goyette, Ocean State Tactical, LLC, Mary Brimer, James Robert Grundy. The judgment of the district court denying the request for a preliminary injunction is affirmed. [23-1072] (Hill, Cherelle) (Entered: 03/08/2024)

MANDATE of the U.S. Court of Appeals for the First Circuit issued as to and in accordance with 41 Notice of Appeal filed by Jonathan Hirons, Jeffrey Goyette, Ocean State Tactical, LLC, Mary Brimer, James Robert Grundy (Hill, Cherelle) (Entered: 04/01/2024)

Notice of Hearing (Form Attached)

NOTICE of Hearing: Chambers Conference re: Schedule and Status via Zoom scheduled for THURSDAY 4/11/2024 at 10:30 AM as a Remote Hearing before Chief Judge John J. McConnell, Jr.; the Zoom information below is for counsel only and any other party/individual attempting to join will be removed.(Zoom Meeting ID: 161 191 5826, Passcode: 537303) (Jackson, Ryan)

Order to Show Cause (Form Attached)

In Chambers Conference

Minute Entry for proceedings held before Chief Judge John J. McConnell, Jr.: Chambers Conference via Zoom held on 4/11/2024; counsel for plaintiff not present; S. Rice, P. Meosky. (Jackson, Ryan)

TEXT ORDER TO SHOW CAUSE entered; Show Cause Response due by 4/25/2024: On December 14, 2022, the Court issued a preliminary injunction 37 . On March 7, 2024, the First Circuit affirmed 46 the Order granting a preliminary injunction. The Court held a status conference on this case today. No party has advanced any new evidence or legal arguments beyond what it had presented at the preliminary injunction hearing. The parties are hereby ORDERED TO SHOW CAUSE within 14 days why the Court should not convert the preliminary injunction to a permanent injunction and enter final judgment for the Defendants. So Ordered by Chief Judge John J. McConnell, Jr. on 4/11/2024. (Jackson, Ryan)

MOTION for Matthew D. Rowen to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-1986640 ) filed by All Plaintiffs. (Attachments: # 1 Supplement)(Kelly, Michael) (Entered: 04/22/2024)

Order on Motion to Appear Pro Hac Vice

TEXT ORDER granting 49 Motion to Appear Pro Hac Vice of Matthew D. Rowen. So Ordered by Chief Judge John J. McConnell, Jr. on 4/23/2024. (Hill, Cherelle)

RESPONSE TO ORDER TO SHOW CAUSE by Peter F. Nerhona, State of Rhode Island, Darnell S. Weaver. (Rice, Sarah) (Entered: 04/24/2024)

MOTION to Stay Proceedings Pending Certiorari filed by All Plaintiffs. Responses due by 5/9/2024. (Kelly, Michael) (Entered: 04/25/2024)

Order on Motion to Stay

TEXT ORDER granting 51 Motion to Stay Proceedings Pending Certiorari. So Ordered by Chief Judge John J. McConnell, Jr. on 4/29/2024. (Jackson, Ryan)

Order

TEXT ORDER: The parties are to meet and confer to propose to the Court how this matter should proceed toward final judgment now that the U.S. Supreme Court has denied the writ of certiorari. So Ordered by Chief Judge John J. McConnell, Jr. on 6/9/2025. (Jackson, Ryan)

Order

STATUS REPORT JOINT STATUS REPORT by All Defendants. (Meosky, Paul) (Entered: 08/07/2025)