United States of America v. Miscellaneous Firearms, Silencers and Ammunition

Filing 64

ORDER by Judge Whyte TENTATIVELY GRANTING 62 Motion for Default Judgment.(rmwlc2, COURT STAFF) (Filed on 8/22/2009)

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ORDER TENTATIVELY GRANTING MOTION FOR DEFAULT JUDGMENT--No. C-03-01920 RMW JAS

E-FILED on

8/22/09

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

UNITED STATES OF AMERICA, Plaintiff, v. MISCELLANEOUS FIREARMS, SILENCERS, AND AMMUNITION, Defendant.

No. C-03-01920 RMW ORDER TENTATIVELY GRANTING MOTION FOR DEFAULT JUDGMENT [Re Docket No. 62]

Upon consideration of the unopposed motion of the United States for a default judgment and the entire record, and based on the findings that (1) the United States provided proper notice by serving parties known to have an interest and by publication as required by Rule 6-1, Local Admiralty Rules, (2) the time for filing a claim and answer has expired and (3) no one has appeared to defend by filing a timely claim and answer, the court tentatively grants the United States' motion for default judgment. Service appears technically proper in that service was made on interested party Kevin Dugan's attorney of record in this case. However, the court is concerned based on the history of Mr. Dugan's criminal case that he may be represented by counsel other than by Mr. Daniel Halpern.

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Therefore, to ensure that Mr. Dugan has notice of the motion for default judgment, the court is serving this tentative order on his counsel of record in the criminal case, United States v. Dugan, 03-cr-20010. If a motion to set aside this tentative order is not made within 30 days of the date this order issues, it shall become a final judgment.

DATED:

8/21/09

RONALD M. WHYTE United States District Judge

ORDER TENTATIVELY GRANTING MOTION FOR DEFAULT JUDGMENT--No. C-03-01920 RMW JAS 2

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Notice of this document has been sent to: Counsel for Plaintiff: David Countryman Stephanie M. Hinds Counsel for Defendants: Daniel B. Halpern Law Offices of Halpern & Halpern 111 North Market Street Suite 1010 San Jose, Ca 95113 Warrington S. Parker , III Orrick Herrington & Sutcliffe LLP The Orrick Building 405 Howard Street San Francisco, CA 94105 [e-mail] [e-mail]

Counsel are responsible for distributing copies of this document to co-counsel that have not registered for e-filing under the court's CM/ECF program.

Dated:

8/22/09

JAS Chambers of Judge Whyte

ORDER TENTATIVELY GRANTING MOTION FOR DEFAULT JUDGMENT--No. C-03-01920 RMW JAS 3