MASSACHUSETTS EX REL. POWELL v. HOLMES

Civil Action No. 18-11336-FDS.

546 F.Supp.3d 58 (2021)

Commonwealth of MASSACHUSETTS EX REL. Mykel POWELL; Commonwealth Second Amendment, Inc.; Brent Carlton; and Mykel Powell, Plaintiffs, v. Brian HOLMES; James O'Connor; Donna M. McNamara; Village Gun Shop, Inc. d/b/a Village Vault; Peter Dowd; City of Springfield; Town of Plymouth; Town of Winchester; City of Chicopee; Town of Dedham; City of Medford; Town of Reading; Town of Wakefield; Town of Wilmington; Town of Andover; Town of Foxborough; City of Gardner; Town of Hudson; and Town of Saugus, Defendants.

United States District Court, D. Massachusetts.

Signed June 30, 2021.


Attorney(s) appearing for the Case

David D. Jensen , Pro Hac Vice, David Jensen PLLC, New York, NY, Margarita G. Smirnova , Margarita Smirnova, Attorney at Law, North Reading, MA, for Plaintiffs Mykel Powell, Commonwealth Second Amendment, Inc.

David D. Jensen , David Jensen PLLC, New York, NY, for Plaintiff Brent Carlton.

Leonard H. Kesten , Thomas R. Donohue , Brody, Hardoon, Perkins & Kesten, Boston, MA, for Defendants SGT. Brian Holmes, James O'Connor, Donna M. McNamara, Town of Wilmington, City of Gardner, Town of Winchester, Town of Foxborough, Town of Andover, Town of Hudson, Town of Plymouth, Town of Reading.

Andrew J. Gambaccini , Reardon, Joyce & Akerson, P.C., Worcester, MA, for Defendants Village Gun Shop, Inc., Peter Dowd.

William F. McGonigle, III , Arrowood LLP, Boston, MA, for Defendant Town of Saugus.

Mark J. Albano , Albano Law, LLC, Springfield, MA, for Defendant City of Chicopee.

David S. Monastersky , Howd & Ludorf, Hartford, CT, for Defendant City of Medford.

Kathryn G. Foster , City of Springfield, Law Department, Springfield, MA, for Defendant City of Springfield.

Bradford N. Louison , Louison, Costello, Condon & Pfaff, LLP, Boston, MA, for Defendant Town of Wakefield.


MEMORANDUM AND ORDER ON DEFENDANTS' MOTIONS TO DISMISS AND MOTION FOR JUDGMENT ON THE PLEADINGS

This case involves the allegedly improper disposal of firearms by cities and towns in Massachusetts. Plaintiff-relators Mykel Powell, Commonwealth Second Amendment, Inc., and Brent Carlton, on behalf of the...

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