Free Order on Motion for Reconsideration - District Court of Arizona - Arizona

MINUTES OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA United States of America v. Lear Jet, et al. THE HONORABLE JOHN W. SEDWICK PROCEEDINGS: CASE NO. CIV 04-363 PHX JWS October 14, 2005

ORDER FROM CHAMBERS

Before the court is the motion for reconsideration by the United States of America ("USA") at docket 95 and the motion for leave to file a sur reply to the motion for reconsideration by claimants at docket 115. The USA has requested oral argument on the motion for reconsideration, but it would not assist the court. Therefore, the USA's request is denied. The USA moves for reconsideration of the court's order at docket 94. In that order, the court held that it did not have jurisdiction over defendants Agusta Helicopter and Cessna Caravan. The court also held that the District of Arizona is not the proper venue for the USA's forfeiture action against those aircraft. The court remains confident that its decision on venue was correct. In addition, the court concludes that it is in the interest of justice to dismiss, rather than transfer, the action against defendants Agusta Helicopter and Cessna Caravan.1 The facts that are critical to determining whether any United States district court would have in rem jurisdiction over those aircraft remain murky. Any delay caused by this dismissal would help the USA by giving it the opportunity to establish the existence of facts giving rise to in rem jurisdiction. Also, there is no evidence that dismissal would open the door to any defenses that are not already available to claimants. Because the action against defendants Agusta Helicopter and Cessna Caravan will be dismissed for improper venue, the court will not reconsider its decision on jurisdiction over those aircraft. The motion for reconsideration at docket 95 is DENIED. The action against defendants Agusta Helicopter and Cessna Caravan is DISMISSED without prejudice. The motion to file a sur reply at docket 115 is DENIED as moot.

See 28 U.S.C. § 1406(a); 15 CHARLES ALAN WRIGHT, ET AL., FEDERAL PRACTICE AND PROCEDURE § 3827 (2d ed. 1986).

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Case 2:04-cv-00363-JWS

Document 123

Filed 10/18/2005

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