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    #32 Defendants Sur Sur Reply

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    NoloContendere
    The defendants filed a response to the plaintiff's surreply brief in opposition to their motion to dismiss or for summary judgment. In their response, the defendants: 1) Note that the plaintiff's surreply brief adds little to the arguments already before the court. 2) Rest on their previous briefs filed in support of their motion. 3) Are prepared to address any specific questions the court may have at a supplemental filing or oral argument. 4) Ask the court to dismiss the case or enter summary judgment in their favor for the reasons stated in their opening briefs and reply brief.

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    #32 Defendants Sur Sur Reply

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    NoloContendere
    122 views3 pages
    The defendants filed a response to the plaintiff's surreply brief in opposition to their motion to dismiss or for summary judgment. In their response, the defendants: 1) Note that the plaintiff's surreply brief adds little to the arguments already before the court. 2) Rest on their previous briefs filed in support of their motion. 3) Are prepared to address any specific questions the court may have at a supplemental filing or oral argument. 4) Ask the court to dismiss the case or enter summary judgment in their favor for the reasons stated in their opening briefs and reply brief.

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    Hollis v. Holder; DOJ/BATFE Sur-Sur-Reply

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    The defendants filed a response to the plaintiff's surreply brief in opposition to their motion to dismiss or for summary judgment. In their response, the defendants: 1) Note that the plaintiff's surreply brief adds little to the arguments already before the court. 2) Rest on their previous briefs filed in support of their motion. 3) Are prepared to address any specific questions the court may have at a supplemental filing or oral argument. 4) Ask the court to dismiss the case or enter summary judgment in their favor for the reasons stated in their opening briefs and reply brief.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    122 views3 pages

    #32 Defendants Sur Sur Reply

    Uploaded by

    NoloContendere
    The defendants filed a response to the plaintiff's surreply brief in opposition to their motion to dismiss or for summary judgment. In their response, the defendants: 1) Note that the plaintiff's surreply brief adds little to the arguments already before the court. 2) Rest on their previous briefs filed in support of their motion. 3) Are prepared to address any specific questions the court may have at a supplemental filing or oral argument. 4) Ask the court to dismiss the case or enter summary judgment in their favor for the reasons stated in their opening briefs and reply brief.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 3

    Case 3:14-cv-03872-M Document 32 Filed 03/11/15

    Page 1 of 3 PageID 598

    IN THE UNITED STATES DISTRICT COURT


    FOR THE NORTHERN DISTRICT OF TEXAS
    DALLAS DIVISION
    _____________________________________
    JAY AUBREY ISAAC HOLLIS, individually
    and as trustee of the Jay Aubrey Isaac Hollis
    Revocable Living Trust,

    Case No. 3:14-cv-03872-M

    Plaintiff,
    v.
    ERIC H. HOLDER, JR., Attorney General of
    the United States, and B. TODD JONES,
    Director, Bureau of Alcohol, Tobacco, Firearms
    & Explosives,
    Defendants.

    RESPONSE TO PLAINTIFFS SUR-REPLY


    On March 2, 2015, the Court granted Plaintiffs leave to file a surreply brief in opposition
    to Defendants motion to dismiss or for summary judgment, and also stated: Defendants may
    file a sur-sur reply on or before March 11, 2015. Order, Mar. 2, 2015 [ECF No. 30]. In
    accordance with the Courts Order, Defendants now file this brief sur-sur reply.
    Plaintiffs surreply brief adds little to the arguments before the Court. 1 Defendants
    therefore rest on their previous briefs, and are prepared to address any specific questions the
    Court may have in a supplemental filing or at oral argument. Accordingly, for the reasons stated

    To the extent that Plaintiffs surreply brief relies on the recent decision of another court in this District, Mance v.
    Holder, Civ. No. 4:14-cv-00539, 2015 WL 567302 (N.D. Tex. Feb. 11, 2015), that reliance is misplaced.
    Defendants previous briefs make clear that the reasoning in Mance is not applicable here, and the Court is not
    bound by the decision of another judge from this District. See Camreta v. Greene, 131 S. Ct. 2020, 2033 n.7 (2011)
    (A decision of a federal district court judge is not binding precedent in either a different judicial district, the same
    judicial district, or even upon the same judge in a different case.) (quoting 18 J. Moore et al., Moores Federal
    Practice 134.02[1] [d], p. 134-26 (3d ed. 2011)). Additionally, it is worth noting that the time has not yet elapsed
    for any party in Mance to notice an appeal of that courts February 11, 2015 decision.

    Case 3:14-cv-03872-M Document 32 Filed 03/11/15

    Page 2 of 3 PageID 599

    above and in Defendants opening and reply briefs, the Court should dismiss this case or enter
    summary judgment for Defendants.
    Dated: March 11, 2015

    Respectfully submitted,
    BENJAMIN C. MIZER
    Acting Assistant Attorney General
    JOHN R. PARKER
    Acting United States Attorney
    /s/ Daniel Riess
    DIANE KELLEHER
    Assistant Branch Director
    ERIC J. SOSKIN (PA Bar # 200663)
    DANIEL RIESS
    Trial Attorneys
    U.S. Department of Justice
    Civil Division, Rm. 7116
    20 Massachusetts Avenue, NW
    Washington, D.C. 20530
    Telephone: (202) 353-30533
    Fax: (202) 616-8460
    Email: [email protected]
    Attorneys for Defendants

    Case 3:14-cv-03872-M Document 32 Filed 03/11/15

    Page 3 of 3 PageID 600

    CERTIFICATE OF SERVICE
    On March 11, 2015, I electronically submitted the foregoing document with the clerk of
    court for the U.S. District Court, Northern District of Texas, using the electronic case filing
    system of the court. I hereby certify that I have served all parties electronically or by another
    manner authorized by Federal Rule of Civil Procedure 5(b)(2) or the local rules.

    /s/ Daniel Riess


    Daniel Riess

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