Opinion
Nos. 03 CV 2582 (JBW) (CLP), 02 CV 3029 (JBW) (CLP), 00 CV 3641 (JBW) (CLP)
March 29, 2004
ORDER
The magistrate judge has arranged a briefing schedule on the issues of: 1) obtaining and 2) the use of trace data from the Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF") inJohnson v. Bryco Arms, 03-CV-2582 and Smith v. Bryco Arms, 02-CV-3029. Plaintiffs' briefs are due on April 2, 2004. Defendants and the Government, on behalf of ATF, were requested to respond by April 16, 2004. A conference before the magistrate judge has been scheduled for April 23, 2004. This order remains in effect.
At a hearing on March 26, 2004 in City of New York v. Beretta U.S.A. Corp., 00-CV-3641, at which counsel in pending guns cases and counsel for the ATF were present, the court gave the ATF ten days to submit to the magistrate judge its position on making available trace data previously used in this court as well as other data now sought in pending cases. In view of what will be disclosed as the position of the ATF, the magistrate judge and parties may wish to: 1) reconsider briefing schedules already set in Johnson v. Bryco Arms and Smith v. Bryco Arms; and 2) arrange a corresponding briefing schedule for City of New York v. Beretta U.S.A. Corp.
SO ORDERED.