v. Destruction of Firearms and Ammunition

Filing 9

ORDER by Judge Whyte granting 6 Motion for Reconsideration (rmwlc2, COURT STAFF) (Filed on 10/15/2009)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On July 1, 2009, the United States filed this miscellaneous action seeking an order authorizing the destruction of certain firearms seized from the home of Kevin Dugan ("Dugan") and kept in evidence in connection with his criminal prosecution in United States v. Kevin V. Dugan, CR 03-20010 RMW. The court granted the motion authorizing the destruction of firearms on July 10, 2009. On October 9, 2009 the court ordered this miscellaneous civil action related to a pending civil forfeiture action pursuant to Civil L.R. 3-12. On July 23, 2009, Dugan filed a motion for leave to file a motion for reconsideration of the court's July 10, 2009 order. Good cause appearing therefor, the court: 1. grants Dugan's Motion for Leave to File Motion for Reconsideration of Order Authorizing Destruction of Firearms pursuant to Civil Local Rule 7-9; IN RE: DESTRUCTION OF FIREARMS AND AMMUNITION No. C-09-80136 MISC RMW ORDER GRANTING MOTION FOR LEAVE TO FILE A MOTION FOR RECONSIDERATION [Re Docket No. 6] IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION E-FILED on 10/15/09

ORDER GRANTING MOTION FOR LEAVE TO FILE A MOTION FOR RECONSIDERATION--No. C-09-80136 MISC RMW JAS

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

2.

orders that the United States delay the destruction of the firearms at issue until the instant motion for reconsideration is fully resolved;

3.

concludes that Dugan's Motion for Leave to File Motion for Reconsideration shall constitute its motion for reconsideration;

4.

orders that the United States file its opposition to Dugan's motion for reconsideration no later than October 30, 2009;

5.

orders that Dugan shall file any reply in support of his motion for reconsideration no later than November 6, 2009;

6.

will consider the motion based on the parties filings. No hearing will be scheduled.

DATED:

10/15/09

RONALD M. WHYTE United States District Judge

ORDER GRANTING MOTION FOR LEAVE TO FILE A MOTION FOR RECONSIDERATION--No. C-09-80136 MISC RMW JAS 2

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Notice of this document has been electronically sent to: Counsel for Plaintiff: David Countryman Brian Joseph Stretch Counsel for Defendants: Alyson C Decker [e-mail] [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:

10/15/09

JAS Chambers of Judge Whyte

ORDER GRANTING MOTION FOR LEAVE TO FILE A MOTION FOR RECONSIDERATION--No. C-09-80136 MISC RMW JAS 3