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Lycurgan, Inc. v. Jones

Citation: 688 F. App'x 442Docket: No. 16-55341

Court: Court of Appeals for the Ninth Circuit; April 19, 2017; Federal Appellate Court

Narrative Opinion Summary

This case involves Lycurgan, Inc., the plaintiff-appellant, seeking injunctive relief for the return of eighteen 'EP80 lower receivers' from Todd Jones, the defendant-appellee and director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The receivers were allegedly missing following a government seizure during a criminal search warrant execution. The district court dismissed the complaint for lack of subject matter jurisdiction, citing mootness, which was reviewed de novo by the appellate court. The court affirmed the dismissal, finding the case moot because the ATF did not possess the receivers, and there was no live controversy or legally cognizable interest. The court clarified that the jurisdictional issue was separate from the factual dispute over the receivers. Additionally, the court addressed various procedural motions, denying motions for judicial notice, granting a motion to file a late brief, and denying a motion to extend the time for a reply as moot. The decision is not published and does not establish precedent under Ninth Circuit Rule 36-3.

Legal Issues Addressed

Handling of Procedural Motions

Application: The court denied Lycurgan's motions for judicial notice, granted a motion to file a late brief, and denied a motion to extend time for a reply as moot.

Reasoning: The court denies further arguments, including Lycurgan's motions for judicial notice, while granting a motion to file a late brief and denying a motion to extend time for a reply as moot.

Interrelation of Jurisdiction and Merits

Application: The court found that the jurisdictional issue was not intertwined with the factual dispute regarding the receivers, contrary to Lycurgan's assertion.

Reasoning: Lycurgan's claim that jurisdiction and merits are intertwined is found incorrect; the jurisdictional issue does not hinge on the factual dispute regarding the receivers.

Jurisdiction Under 28 U.S.C. § 1291

Application: The court reviewed the district court's dismissal de novo and affirmed it, noting that jurisdiction exists under 28 U.S.C. § 1291.

Reasoning: Jurisdiction exists under 28 U.S.C. § 1291, and the court affirms the dismissal on the grounds that Lycurgan's complaint is moot.

Mootness Doctrine in Federal Court

Application: The court determined that the case was moot because there was no live controversy or legally cognizable interest in the outcome since the ATF did not possess the lower receivers.

Reasoning: Mootness occurs when there is no 'live' issue or legally cognizable interest in the outcome, preventing effective relief.