UNITED STATES OF AMERICA v. ONE (1) PALMETTO STATE ARMORY PA-15 MACHINEGUN RECEIVER/FRAME, UNKOWN CALIBER, SERIAL NUMBER: LW001804

Filing 7

ORDER THAT DEFENDANTS MOTION FOR LEAVE TO FILE A REPLY IS GRANTED; 2. PLAINTIFFS MOTION FOR LEAVE TO FILE A SURREPLY IS GRANTED; DEFENDANTS MOTION TO DISMISS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART; DEFEND ANTS MOTION TO DISMISS WATSONS SECOND AMENDMENT AND COMMERCE CLAUSE CLAIMS FOR LACK OF SUBJECT MATTER JURISDICTION IS DENIED; DEFENDANTS MOTION TO DISMISS WATSONS COMPLAINT PURSUANT TO 12(B)(6) IS GRANTED; AND BY NOON ON AUGUST 10, 2015, THE PARTIE S SHALL FILE ANY MOTIONS, NOT TO EXCEED TEN PAGES, IN THE FORFEITURE ACTION CONCERNING THE DISPOSITION OF THE PALMETTO STATE ARMORY PA-15 MACHINE GUN RECEIVER/FRAME. SIGNED BY HONORABLE STEWART DALZELL ON 7/22/15. 7/22/15 ENTERED AND COPIES E-MAILED. (va, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA

:
:
v.
:
:
ONE PALMETTO STATE ARMORY
:
PA-15 MACHINEGUN RECEIVER/FRAME, :
UNKNOWN CALIBER, SERIAL NUMBER :
LW001804, defendant
:
And
:
WATSON FAMILY GUN TRUST, claimant :

CIVIL ACTION

NO. 15-2202
(consolidated)

ORDER
AND NOW, this 22nd day of July, 2015, upon consideration of defendants Loretta Lynch
and Thomas E. Brandon’s (collectively, “the Government”) motion to dismiss, or in the
alternative, motion for summary judgment (docket entry # 10) and plaintiff Watson’s response
thereto, it is hereby ORDERED that:
1.

Defendants’ motion for leave to file a reply is GRANTED;

2.

Plaintiff’s motion for leave to file a surreply is GRANTED;

3.

Defendants’ motion to dismiss or, in the alternative, for summary judgment is

GRANTED IN PART and DENIED IN PART;
4.

Defendants’ motion to dismiss Watson’s Second Amendment and Commerce

Clause claims for lack of subject matter jurisdiction is DENIED;
5.

Defendants’ motion to dismiss Watson’s complaint pursuant to 12(b)(6) is

GRANTED; and
6.

By noon on August 10, 2015, the parties shall FILE any motions, not to exceed

ten pages, in the forfeiture action concerning the disposition of the Palmetto State Armory PA-15
machine gun receiver/frame.

BY THE COURT:
__/s/ Stewart Dalzell, J.
Stewart Dalzell, J.

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