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IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

FORT WORTH DIVISION

JENNIFER VANDERSTOK; MICHAEL 

G. ANDREN;

TACTICAL MACHINING, LLC, a limited

liability company; and

FIREARMS POLICY COALITION, INC., a

nonprofit corporation,

Plaintiffs,

and

Not An LLC d/b/a JSD SUPPLY,

Applicant in Intervention,

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; and BUREAU OF 

ALCOHOL, TOBACCO, FIREARMS AND 

EXPLOSIVES,

Defendants.

Civil Action No. 4:22-cv-691-O

NOT AN LLC DBA JSD SUPPLY’S MOTION TO INTERVENE

Not An LLC dba JSD Supply (“JSD”) hereby moves pursuant to Rule 24 of the Federal

Rules of Civil Procedure to intervene as a plaintiff in the above-captioned action for the purposes 

of (a) challenging the constitutionality of both the Final Rule and Defendants’ adoption of the Final 

Rule; and (b) challenging the constitutionality of Defendants’ attempts to administratively enforce 

Case 4:22-cv-00691-O Document 149 Filed 01/05/23 Page 1 of 4 PageID 2784
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the Final Rule against JSD and its employees.

Specifically, JSD moves to intervene as a matter of right. JSD has timely filed this Motion;

it has an interest relating to this action; if not allowed to intervene, its interest would be impaired by 

this action; and its interest is not adequately represented by the existing parties to this action.

Alternatively, JSD asks this Court to exercise its discretion and allow JSD to permissively

intervene, as its claims and this action have questions of law in common that are directly related to 

the underlying controversy. Furthermore, permissive intervention will not unduly delay or 

prejudice the adjudication of the rights of parties to this lawsuit. 

Finally, JSD Supply will comply with the Court’s current scheduling order (Dkt # 105) and 

does not intend to seek any delays to the Court’s scheduling order nor raise new or different legal 

theories. Rather, it intends to adopt or join the briefs in support of Plaintiffs’ motion for summary 

judgment. Thus, while JSD Supply does seek specific, personal relief to protect its own individual 

interests, since JSD Supply’s claims substantially overlap with Plaintiffs’ arguments and since no 

new legal issues or arguments will be introduced into the case, no party will be prejudiced by JSD 

Supply’s intervention. Accordingly, JSD Supply satisfies the third prong. 

The strong basis for this Motion is further demonstrated by JSD’s Proposed Complaint and 

Proposed Motion for Preliminary Injunction and Brief in Support filed simultaneously with this 

Motion.

For the reasons stated in its Brief in Support of this Motion to Intervene, filed concurrently 

with this Motion, JSD respectfully requests that this Court grant this Motion.

Case 4:22-cv-00691-O Document 149 Filed 01/05/23 Page 2 of 4 PageID 2785
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Respectfully Submitted,

/s/ Matthew J. Smid

MATTHEW J. SMID

TX Bar No. 24063541

ATTORNEY AT LAW

301 Commerce Street, Suite 2001

Fort Worth, Texas 76102

Phone: (817) 332-3822 Phone

Fax: (817) 332-2763 Fax

matt@mattsmidlaw.com

J. Mark Brewer

TX Bar No. 02965010

BREWER & PRITCHARD, P.C.

800 Bering Dr., Suite 201

Houston, TX 77057

(713) 209-2910

brewer@bplaw.com

Counsel for proposed Intervenor-Plaintiff Not an LLC 

dba JSD Supply 

CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1

On December 20, 2022, the undersigned contacted all counsel for Plaintiffs and Defendants

regarding this motion. On December 22, 2022, Martin M. Tomlinson, counsel for the Government,

emailed counsel for the moving party that the Government opposes this Motion. On January 5, 

2023, Zhonette Brown, counsel for Plaintiffs, advised Plaintiffs do not expressly oppose but could 

not agree with the motion.

/s/ J. Mark Brewer

J. Mark Brewer

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CERTIFICATE OF SERVICE

I certify that on January 5, 2023, the foregoing document was served, via the Court’s 

CM/ECF Document Filing System, upon the registered CM/ECF users in this action.

/s/ Matthew J. Smid

MATTHEW J. SMID

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