United States of America v. Approximately $3,199.20 in U.S. Currency et al

Filing 29

ORDER Directing the Parties to Address the Procedural Posture of This Case signed by Magistrate Judge Gary S. Austin on 2/9/2012. (Bradley, A)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Plaintiff,
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v.
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APPROXIMATELY $3,199.20 in U.S.
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Currency, et al.,
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Defendants.
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_____________________________________ )

1:07-cv-01587 AWI GSA
ORDER DIRECTING THE PARTIES TO
ADDRESS THE PROCEDURAL
POSTURE OF THIS CASE

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In preparation of the Initial Scheduling Conference set for February 15, 2012, the parties
will be prepared to address the procedural posture of this matter.

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More specifically, Rule G(5)(b) of the Federal Rules of Civil Procedure provides that a

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“claimant must serve and file an answer to the complaint or a motion under Rule 12 within 21

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days after filing the claim. A claimant waives an objection to in rem jurisdiction or to venue if

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the objection is not made by motion or stated in the answer.” See also 18 U.S.C. § 983(a)(4).

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As the claims at issue were filed on January 30, 2008, answers or motions were due no

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later than February 20, 2008. Yet, when this matter was stayed pursuant to stipulation on April

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24, 2008, neither answers nor motions had yet been filed in either this matter or the related

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miscellaneous action. Moreover, to date, neither an answer or a motion has been filed on behalf

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of either claimant.

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In the alternative, and prior to the Initial Scheduling Conference, the parties may enter
into the appropriate stipulation addressing this matter.

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IT IS SO ORDERED.
Dated:
i70h38

February 9, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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