United States of America v. Mask of Ka-Nefer-Nefer

Filing 54

OPINION, MEMORANDUM AND ORDER: HEREBY ORDERED that The Governments Motion for Leave to File First Amended Verified Complaint for Forfeiture [ECF No. 49 ] is DENIED. FURTHER ORDERED that Claimant Museum's Motion to Strike theMotion of The Government for Leave to File First Amended Verified Complaint forForfeiture [ECF No. 51 ] is DENIED as moot. Signed by Honorable Henry E. Autrey on 06/28/2012. (CLK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
THE UNITED STATES OF AMERICA, )
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Plaintiff,
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v.
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MASK OF KA-NEFER-NEFER,
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Defendant.
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No. 4:11CV504 HEA

OPINION, MEMORANDUM AND ORDER
This matter is before the Court on the United States of America’s (“The
Government”) Motion for Leave to File First Amended Verified Complaint for
Forfeiture [ECF No. 49]. Claimant the Art Museum Subdistrict of the Metropolitan
Zoological Park and Museum District of the City of St. Louis and the County of St.
Louis (“Claimant Museum”) filed a Motion to Strike the Motion of The Government
for Leave to File First Amended Verified Complaint for Forfeiture [ECF No. 51].
On March 31, 2012 the Court entered an Order dismissing the Verified
Complaint in the instant matter [ECF No. 33]. After allowing The Government an
extension of time to file its Motion for Reconsideration [See ECF No. 36], on May 7,
2012, The Government filed a Motion to Reconsider Order and Opinion Dismissing
Verified Complaint [ECF No. 37]. In the motion, The Government requested, in the
alternative, that the Court grant The Government an additional seven (7) days to

move for leave to file an amended complaint before entry of judgment.1 On June 1,
2012, The Court denied the Government’s Motion for Reconsideration in its entirety
[ECF No. 48]. For the reasons outlined in The Court’s March 31, 2012 Order of
Dismissal [ECF No. 33], and for the reasons offered in its Order denying
reconsideration [ECF No. 37], The Court denies The Government’s requested leave
raised in its motion submitted on June 8, 2012 [ECF No. 49].
Accordingly,
IT IS HEREBY ORDERED that The Government’s Motion for Leave to File
First Amended Verified Complaint for Forfeiture [ECF No. 49] is DENIED.
IT IS FURTHER ORDERED that Claimant Museum’s Motion to Strike the
Motion of The Government for Leave to File First Amended Verified Complaint for
Forfeiture [ECF No. 51] is DENIED as moot.
Dated this 28th day of June, 2012.

HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE

1

The Government did not include a proposed Amended Verified Complaint with its Motion.

2