United States of America v. 477 Firearms et al

Filing 47

STIPULATION AND ORDER dismissing without prejudice 41 Plaintiff's Motion to Dismiss and dismissing without prejudice Claimant's Counterclaims. Signed by District Judge Robert H Cleland. (LWag)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION UNITED STATES OF AMERICA, Paintiff, v. FOUR HUNDRED SEVENTY SEVEN (477) FIREARMS ET AL. Defendants in Rem and GABRIEL KISH, III, DEBORAH SUMMERS, SHERRY HARNESS, GEOFFREY KISH, GABRIEL KISH IV, BETTY SUMMERS AND TERROT MYLES. Claimants. and GABRIEL KISH, III and DEBORAH SUMMERS. Counter-Claimants. _____________________________________________________________________________/
PHILIP A. ROSS Assistant United States Attorney Attorney for Plaintiff 211 West Fort St., Suite 2001 Detroit, MI 48226-3220 [phone] [e-mail] VA State Bar # 70269 CYNTHIA HEENAN (P 53664) HUGH M. DAVIS (P12555) Attorney for Claimants and Counter-Claimants 450 W. Fort St., Suite 200 Detroit, MI 48226 [phone]/Fax: [phone] [e-mail]; [e-mail]

Civil Case No. 09-10463 Hon. Robert H. Cleland Mag. Michael Hluchaniuk

_____________________________________________________________________________/ STIPULATION TO DISMISS THE CLAIMANTS' COUNTERCLAIMS Now come the parties, by and through their respective counsel, and stipulate and agree that Claimants' Counterclaims herein and the Plaintiff's Motion to Dismiss same shall be

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dismissed without prejudice and without costs and without any preclusive effect on any future motion for return of property which claimants might file in their criminal cases pursuant to Fed. R. Crim. P. 41. The parties acknowledge that the Stipulation shall not be construed as an admission of fault, negligence, and or liability on the part of the United States. The parties stipulate that each side will bear its own attorneys fees and costs with respect to the Counter-Complaint and Plaintiff's Motion to Dismiss.

Respectfully submitted,

s/Philip A. Ross (with consent)____ Philip A. Ross Assistant United States Attorney 211 West Fort Street, Suite 2001 Detroit, Michigan 48226-3220 [phone] [e-mail] VA State Bar# 70269 Dated: October 30, 2009

s/_Cynthia Heenan______________________ Cynthia Heenan Attorney for Claimants Gabriel Kish III and Deborah Summers 450 W. Fort, Suite 200 Detroit, MI 48226 (313) 961­2255 (P53664) [e-mail] (P53664)

Dated: October 30, 2009

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION UNITED STATES OF AMERICA, Plaintiff, vs. FOUR HUNDRED SEVENTY SEVEN (477) FIREARMS ET AL. Defendants in Rem. ___________________________________/ ORDER TO DISMISS CLAIMANTS' COUNTERCLAIM Upon the accompanying Stipulation to Dismiss the Claimants' Counterclaim, and it appearing that good cause for the Stipulation and Order Dismissing Claimants' Counterclaim, and the Court being otherwise fully advised in the premises, now, therefore; IT IS HEREBY ORDERED that the Claimants' Counterclaims herein and the Plaintiff's Motion to Dismiss same shall be dismissed without prejudice and without costs and without any preclusive effect on any future motion for return of property which claimants might file in their criminal cases pursuant to Fed. R. Crim. P. 41. IT IS FURTHER ORDERED that each side will bear its own attorneys fees and costs with respect to the Counter-Complaint and Plaintiff's Motion to Dismiss. Civil Case No. 09-10463 Honorable Robert H. Cleland Magistrate Michael Hluchaniuk

S/Robert H. Cleland ROBERT H. CLELAND UNITED STATES DISTRICT JUDGE

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Dated: November 5, 2009 I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date, November 5, 2009, by electronic and/or ordinary mail. S/Lisa Wagner Case Manager and Deputy Clerk [phone]

S:\Cleland\JUDGE'S DESK\Lisa's Folder\09-10463 Stip to Dismiss Counterclaim.wpd

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