UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

JENNIFER VANDERSTOK et al.,

 Plaintiffs, Case No. 4:22-cv-00691-O

 v.

MERRICK GARLAND, in his official 

capacity as Attorney General of the United 

States et al., 

 Defendants.

DEFENDANTS’ UNOPPOSED MOTION TO DEFER 

CONSIDERATION OF INTERVENTION MOTIONS 

As directed by the Court, the parties are in the midst of summary judgment briefing in this 

case. Despite the advanced stage of proceedings, two non-parties have moved to intervene in this 

case, and one seeks expedited briefing of its motion to intervene. See Not an LLC d/b/a JSD Supply’s 

Motion to Intervene (ECF No. 149); Polymer80, Inc.’s Motion to Intervene (ECF No. 157); 

Polymer80, Inc.’s Motion for Expedited Briefing Scheduling (ECF No. 160).1

 

The Court retains discretion to control the disposition of motions on its docket. Briefing and 

consideration of these motions to intervene now will disrupt the parties’ summary judgment briefing. 

The parties negotiated a summary judgment briefing schedule based on the expectation that they 

would not be simultaneously responding to other substantive filings in this case, and all Plaintiffs (with 

the exception of Defense Distributed and Second Amendment Foundation) and Defendants oppose 

the pending intervention motions. The parties therefore respectfully request that the Court defer 

1 The addition of Polymer80 to this case would expand the issues in dispute because Polymer80 

challenges not only the Rule challenged in this case, but also an open letter issued by ATF in December 

2022. See ECF No. 157 at 1-2.

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briefing and consideration of the pending intervention motions until after the parties have completed 

their summary judgment briefing in this case. A proposed order accompanies this motion.2

 

DATED: January 17, 2023 Respectfully submitted,

BRIAN M. BOYNTON

Principal Deputy Assistant Attorney General

ALEXANDER K. HAAS

Director, Federal Programs Branch

LESLEY FARBY

Assistant Director, Federal Programs Branch

/s/ Daniel Riess

DANIEL RIESS

MARTIN M. TOMLINSON

TAISA M. GOODNATURE

Trial Attorneys

Civil Division, Federal Programs Branch

U.S. Department of Justice

1100 L Street, NW

Washington, DC 20005

Phone: (202) 353-3098

Email: Daniel.Riess@usdoj.gov

Attorneys for Defendants

2 In the event that this motion were to be denied, Defendants may consider requesting an extension 

of the summary judgment briefing schedule; however, all Plaintiffs have indicated that in that event, 

they would be opposed to such a request by Defendants

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CERTIFICATE OF CONFERENCE

I certify that I have conferred with Plaintiffs’ counsel to obtain their position on this motion. 

Both the original plaintiffs (Jennifer VanDerStok; Michael G. Andren; Tactical Machining, LLC; and 

Firearms Policy Coalition, Inc.) and intervenor-plaintiffs (BlackHawk Manufacturing Group, Inc.; 

Defense Distributed; and Second Amendment Foundation, Inc.) stated that they do not oppose 

deferral of briefing and consideration of the pending intervention motions until after the parties have 

completed their summary judgment briefing in this case. 

/s/ Daniel Riess

CERTIFICATE OF SERVICE

On January 17, 2023, 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).

/s/ Daniel Riess

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