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IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

FORT WORTH DIVISION 

JENNIFER VANDERSTOK, et al., 

Plaintiffs, 

v. 

MERRICK GARLAND, in his official 

capacity as Attorney General of the United States; 

et al., 

Defendants. 

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

PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION 

(ORAL ARGUMENT REQUESTED) 

 Pursuant to Federal Rule of Civil Procedure 65, Northern District of Texas Local Civil 

Rule 7.1, and 5 U.S.C. § 705, Plaintiffs Jennifer VanDerStok; Michael G. Andren; Tactical 

Machining, LLC; and Firearms Policy Coalition, Inc., through their undersigned counsel, move 

this honorable Court for a preliminary injunction prohibiting Defendants and their officers, agents, 

servants, and employees from implementing and enforcing the provisions established and amended 

by the Department of Justice and Bureau of Alcohol, Tobacco, Firearms, and Explosives’ Final 

Rule entitled Definition of “Frame or Receiver” and Identification of Firearms (“Final Rule”), 87 

Fed. Reg. 24,652 (Apr. 26, 2022), and/or to postpone the effective date of the Final Rule. 

Plaintiffs’ counsel has conferred with counsel for Defendants, who oppose the relief 

requested herein. In conferring with Defendants’ counsel, Plaintiffs’ counsel also requested that 

Defendants voluntarily postpone the effect date of the Final Rule pursuant to 5 U.S.C. § 705, to 

avoid the need for this Motion. 5 U.S.C. § 705. (“When an agency finds that justice so requires, it 

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may postpone the effective date of action taken by it, pending judicial review.”). Defendants’ 

counsel indicated Defendants would not voluntarily postpone the effective date. 

 In support of this Motion, Plaintiffs concurrently file a Brief in Support of Plaintiffs’ 

Motion for Preliminary Injunction along with supporting documentation pursuant to Northern 

District of Texas Local Civil Rule 7.1(d). Plaintiffs request oral argument on this Motion, given 

this Motion addresses the highly technical nature of the Final Rule and its impacts that, if not 

enjoined, threaten to greatly and irreparably harm Plaintiffs. 

 Relevant to this Motion, there are two pending motions for the same relief against the same 

Final Rule in other district courts. In Division 80, LLC v. Garland, the motion for a preliminary 

injunction is fully briefed and was argued on August 9, 2022. No. 3:22-cv-00148 (S.D. Tex.). The 

court has not yet ruled on that motion. In Morehouse Enterprises, LLC v. Bureau of Alcohol, 

Tobacco, Firearms and Explosives, defendants filed their response in opposition to plaintiffs’ 

motion on August 15, 2022. No. 3:22-cv-00116 (D.N.D.). The plaintiffs have not yet filed a reply, 

which is currently due by August 19, 2022, and the court has not yet ruled on the motion. The 

court set a status conference on the motion for August 19, 2022. 

DATED this 17th day of August, 2022. 

Respectfully submitted, 

/s/ R. Brent Cooper 

R. Brent Cooper 

Texas Bar No. 04783250 

COOPER & SCULLY, P.C. 

900 Jackson Street, Suite 100 

Dallas, TX 75202 

Telephone: (214) 712-9500 

Telecopy: (214) 712-9540 

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Cody J. Wisniewski* (CO Bar No. 50415) 

FIREARMS POLICY COALITION

5550 Painted Mirage Road, Suite 320 

Las Vegas, NV 89149 

Telephone: (916) 378-5785 

Telecopy: (916) 476-2392 

cwi@fpchq.org 

Kaitlyn D. Schiraldi* (TN Bar No. 039737) 

Erin M. Erhardt* (CO Bar No. 49360) 

MOUNTAIN STATES LEGAL FOUNDATION

2596 S. Lewis Way 

Lakewood, CO 80227 

Telephone: (303) 292-2021 

Telecopy: (877) 349-7074 

kschiraldi@mslegal.org 

eerhardt@mslegal.org 

*Admitted pro hac vice

Attorneys for Plaintiffs 

 

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CERTIFICATE OF SERVICE 

I hereby certify that, on August 17, 2022, a true and correct copy of the foregoing document 

was served via the Court’s CM/ECF system to all counsel of record. A courtesy copy was also 

emailed to Daniel Riess with the U.S. Department of Justice, Civil Division, whom Plaintiffs’ 

counsel emailed regarding this Motion and to ascertain Defendants’ position. 

 /s/ R. Brent Cooper 

R. Brent Cooper 

COOPER & SCULLY, P.C. 

CERTIFICATE OF CONFERENCE

 I hereby certify that, on August 17, 2022, I conferred with Defendants’ counsel, Daniel 

Riess, via email, who stated that Defendants oppose this Motion. 

 /s/ R. Brent Cooper 

R. Brent Cooper 

COOPER & SCULLY, P.C. 

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