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USCA Case #19-5044 Document #1778789 Filed: 03/21/2019 Page 1 of 1

Stamboulieh Law, PLLC


P.O. Box 4008, Madison, MS 39130 | (601) 852-3440 | stephen@sdslaw.us

March 21, 2019

Mark Langer, Clerk of the Court


E. Barrett Prettyman
U.S. Courthouse and William B. Bryant Annex
333 Constitution Ave., NW Washington, DC 20001

RE: David Codrea, et al. v. William Barr, et al.; 19-5044 (consolidated with 19-5042 & 19-5043)

Dear Mr. Langer:


Pursuant to Fed. R. App. P. 28(j), the Codrea Plaintiffs-Appellants direct this Court’s
attention to a Tenth Circuit order just entered enjoining the enforcement of the Final Rule in W. Clark
Aposhian v. William Barr, et al (District Court of Utah; 2:19-cv-00037-JNP-BCW) against Mr.
Aposhian until such time that the Tenth Circuit Court of Appeals can “adequately consider and rule
on the pending motion [Emergency Motion for Injunction Pending Appeal].” The Order is attached.

Yours very truly,

cc: All counsel of record w/


attachment (ECF)

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Appellate
USCA Case: 19-4036 Document:
Case #19-5044 Document010110142381
#1778789 Date
Filed:Filed: 03/21/2019
03/21/2019 PagePage:
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FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT March 21, 2019


_________________________________
Elisabeth A. Shumaker
Clerk of Court
W. CLARK APOSHIAN,

Plaintiff - Appellant,

v. No. 19-4036
(D.C. No. 2:19-CV-00037-JNP-BCW)
WILLIAM BARR, Attorney General of the (D. Utah)
United States; UNITED STATES
DEPARTMENT OF JUSTICE; THOMAS
E. BRANDON, Acting Director Bureau of
Alcohol Tobacco Firearms and Explosives;
BUREAU OF ALCOHOL TOBACCO
FIREARMS AND EXPLOSIVES,

Defendants - Appellees.
_________________________________

ORDER
_________________________________

Before MATHESON and CARSON, Circuit Judges.


_________________________________

This matter comes before the court on the Emergency Motion for Injunction

Pending Appeal filed by appellant, Clark Aposhian. Mr. Aposhian seeks to enjoin

appellees during the pendency of this appeal from enforcing against him Final Rule,

Bump-Stock-Type Devices, 83 Fed. Reg. 66514 (Dec. 26, 2018), which goes into effect

March 26, 2019. Solely for the purpose of giving the court adequate time to properly

consider the motion, the court will temporarily enjoin appellees from enforcing the Final

Rule only as to Mr. Aposhian during the time required to adequately consider and rule on

the pending motion. To further assist the court in its review, appellees are directed to file

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Appellate
USCA Case: 19-4036 Document:
Case #19-5044 Document010110142381
#1778789 Date
Filed:Filed: 03/21/2019
03/21/2019 PagePage:
2 of 22

a response to the motion on or before March 29, 2019. Mr. Aposhian may file a reply

within seven days of service of appellees’ response. Appellees are temporarily enjoined

from enforcing the Final Rule against Mr. Aposhian until further order of the court.

Entered for the Court

ELISABETH A. SHUMAKER, Clerk

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