Case 1:15-cv-00372-RP Document 98 Filed 07/25/18 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION

DEFENSE DISTRIBUTED ET AL., §

§
Plaintiff, §
§ C.A. NO. 1:15-CV-00372-RP
v. § JURY DEMANDED
§
UNITED STATES DEPT. OF STATE, ET AL, §
§
Defendants. §

INTERVENORS’ REQUEST FOR AN EMERGENCY HEARING FOR

TEMPORARY RESTRAINING ORDER

Intervenors The Brady Campaign to Prevent Gun Violence (“Brady” or “Brady

Campaign”), Everytown for Gun Safety Action Fund, Inc. (“Everytown”) and Giffords,

(collectively “Intervenors”) file this Request for an Emergency Hearing on their Motion for a

Temporary Restraining Order and Preliminary Injunction (the “Motion”). As fully briefed in the

Motion for Temporary Restraining Order and Preliminary Injunction, time is of the essence.

Plaintiffs will publish their Weapon Schematics as early as Friday July 27, 2018. Once these files

are published on the Internet, United States national security and its citizens will be irreparably

harmed. For this reason, Intervenors respectfully request this Court to grant an emergency hearing

on Thursday July 26, 2018. For cause, Intervenors show the following:

1. As detailed in the Motion, Plaintiffs and Defendants (the Government) have entered

into a Settlement Agreement. This Settlement Agreement permits Plaintiffs to

publish, including on the Internet, files that can be used to print firearms and firearm

components with a three-dimensional (“3D”) printer.

2. The Government had previously deemed these files to fall within the scope of ITAR

and, until very recently, vigorously defended its position against Plaintiffs. Now,
 Case 1:15-cv-00372-RP Document 98 Filed 07/25/18 Page 2 of 3

the Government has entered into this Settlement Agreement. Several provisions of

the Settlement Agreement violate the Administrative Procedure Act (“APA”).

Intervenors can show a strong likelihood of success on the merits of claims of APA

violations by the Government.

3. Publication of these files on the Internet will cause irreparable harm to the United

States and its citizens, as it will allow the global community unfettered access to

blueprints for the creation of untraceable and undetectable weapons, which will

threaten the security of the United States and its citizens. Due to the nature of the

modern Internet, once these files are publicly released, the damage cannot be

undone. The balance of harm and the public interest favors granting a temporary

restraining order and preliminary injunction.

Intervenors respectfully submit this request to set their Motion for an emergency hearing

as requested herein, and for such and other relief as it may be entitled.
 Case 1:15-cv-00372-RP Document 98 Filed 07/25/18 Page 3 of 3

Dated: July 25, 2018 Respectfully submitted,

/s/ David Cabello

J. David Cabello
Blank Rome LLP
Texas State Bar No. 03574500
717 Texas Avenue
Suite 1400
Houston, TX 77002
Telephone: (713) 228-6601
Facsimile: (713) 228 6605
E-mail: dcabello@blankrome.com

John D. Kimball (pending pro hac vice)

Blank Rome LLP
N.Y. Bar No. 1416031
The Chrysler Building
405 Lexington Ave.
New York, NY 10174
(212) 885-5000

Attorneys for Proposed Intervenors

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was filed electronically in compliance
with Local Rule CV-5(a) on July 25, 2018, and was served on all counsel who are deemed to
have consented to electronic service. Local Rule CV-5(b)(1).

/s/M’Liss Hindman
M’Liss Hindman
Paralegal