United States of America v. 11880 East Harvard Avenue, Sanger, CA 93657

Filing 67

ORDER signed by District Judge Lawrence J. O'Neill on 2/27/2012 requiring Clerk to provide copy of 66 Sealed Event document and requiring both parties to respond. (Lundstrom, T).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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CASE NO. CV F 09-1004 LJO GSA

Plaintiff,

ORDER REQUIRING CLERK TO PROVIDE
COPY OF SEALED DOCUMENT AND
REQUIRING BOTH PARTIES TO
RESPOND

vs.
11880 EAST HARVARD AVE., et al.

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Defendants.
/

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The Court has received and reviewed the Claimant’s RESPONSE TO NOTICE TO CLOSE

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ACTION AND MOTION FOR RETURN OF SEIZED PROPERTY (DOCUMENT 66). This document

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was ordered temporarily sealed until the Court had had an opportunity to review it for content. IT IS

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HEREBY ORDERED that:

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1. Forthwith, the Clerk of the Court is to provide by email access to Sealed document 66 to the

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Plaintiff-Government to enable it to respond to this Court's inquiry, below.

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2. Within 3 court days, inclusive of the date this order is signed, the Plaintiff-Government in the instant

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case is to respond to the issue of whether or not the document in question (66) and/or its attachments

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need to continue to be filed in a sealed form to preserve the confidentiality of the agreement reached

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in the criminal case of USA v Ford and Carter-Ford, action #09-CR-00217.

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3. Within 5 court days, inclusive of the date this order is signed, Respondent is to respond to the

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following legal issues:
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a. Why, since she is still represented by Counsel, Respondent is claiming to be

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"In Pro Per" (page 1, line 18, Document 66);

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b. Why, since Respondent is still represented by Counsel, Document 66 should

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not be stricken from the record;

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c. Why Respondent believes it is appropriate to attempt to file an ex parte

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document with this Court, without giving notice to the Plaintiff-Government;

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d. Upon what authority an unnoticed motion pursuant to Rule 41(g) of the

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Federal Rules of Criminal Procedure may be filed, let alone acted upon

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by this Court by ordering "property be returned immediately" to the

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Respondent. (page 3, line 23 of document 66).

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Failure to respond to this Order in a timely fashion will result in sanctions.

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IT IS SO ORDERED.

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Dated:
b9ed48

February 27, 2012

/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE

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