UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

JENNIFER VANDERSTOK; MICHAEL 

G. ANDREN; TACTICAL MACHINING 

LLC, a limited liability company; 

FIREARMS POLICY COALITION, 

INC., a nonprofit corporation,

Plaintiffs,

v.

BLACKHAWK MANUFACTURING 

GROUP INC., doing business as 80 

PERCENT ARMS,

Intervenor Plaintiff, 

v. 

MERRICK GARLAND, in his Official 

capacity as Attorney General of the 

United States; UNITED STATES 

DEPARTMENT OF JUSTICE; STEVEN 

DETTELBACH, in his official capacity as 

Director of the Bureau of Alcohol, 

Tobacco, Firearms and Explosives; 

BUREAU OF ALCOHOL, TOBACCO, 

FIREARMS, AND EXPLOSIVES,

Defendants.

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Civil Action No. 4:22-cv-00691-O

SCHEDULING ORDER

On October 7, 2022, original parties filed a Joint Report Regarding Contents of Scheduling 

Order (ECF No. 95).1 Having considered the positions of the parties, and because the instant case 

1

In its Reply in support of its Motion to Intervene (ECF No. 97), BlackHawk Manufacturing Group Inc. 

d/b/a 80 Percent Arms—not a party at that time—indicated its willingness to comply with the parties’ 

proposed scheduling order. Reply 4, ECF No. 97. 

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2

involves judicial review of agency action under the Administrative Procedure Act (“APA”), the 

Court ORDERS the following tailored schedule. 

I. CRITICAL DATES

Timeline to Amend Pleadings

For intervenors, within 7 days of entry of this 

Order

Motions for leave to amend due within 21 days 

of Defendants’ answer to amended complaint

Lodging of the Administrative Record October 24, 2022 (Judge’s copy may be 

provided in thumb-drive or CD-ROM format)

Discovery-Related Motions (e.g., Motions to 

Supplement the Administrative Record)

November 14, 2022

Dispositive Motions (Staggered)

Plaintiffs’ Motion for Summary Judgment due 

within 60 days of completion of the 

Administrative Record (including resolution of 

related motions to supplement the record)

Defendants’ Response & Cross-Motion for 

Summary Judgment due 45 days after 

Plaintiffs’ motion is filed

Plaintiffs’ Reply & Response to Cross-Motion 

due 21 days after Defendants’ response and 

cross-motion are filed

Defendants’ Reply due 21 days after Plaintiffs’ 

response is filed

All other dispositive motions due within 60 

days of completion of the Administrative 

Record

II. DISCOVERY

The Court has considered the parties’ positions regarding the issue of discovery. Plaintiffs ask 

for 21 days from the time the record is filed to serve interrogatories, if needed, with Defendants 

Case 4:22-cv-00691-O Document 105 Filed 10/24/22 Page 2 of 3 PageID 1384
3

having 14 days to respond. Joint Rep. ¶ 8, ECF No. 95. Defendants argue supplementation of the 

record via such discovery tools is improper in APA cases unless the moving party demonstrates 

“unusual circumstances justifying a departure” from that generally practice. Id. (quoting Medina 

Cnty. Env’t Action Ass’n v. Surface Transp. Bd., 602 F.3d 687, 706 (5th Cir. 2010). Plaintiffs 

request a hearing to resolve these conflicts. Id. at ¶ 18. Instead, the Court has imposed a deadline 

of November 14, 2022 for any motions seeking supplementation of the record. To the degree this 

does not resolve Plaintiffs’ concerns with respect to the potential need for discovery, they may 

renew their request for a hearing. 

SO ORDERED this 24th day of October, 2022. 

Case 4:22-cv-00691-O Document 105 Filed 10/24/22 Page 3 of 3 PageID 1385