United States of America v. Approximately $18,289.25 in U.S. Currency Seized From Wells Fargo Bank Account Number 6656258958, Held In The Name of Wong Corporation DBA W. Food and Liquor

Filing 16

SCHEDULING CONFERENCE ORDER/ ORDER to SHOW CAUSE, signed by Judge Oliver W. Wanger on 2/25/2010. Order to Show Cause Hearing and Further Scheduling Conference set for 3/29/2010 at 10:00 AM in Ctrm. 3 before Judge Wanger. (Arellano, S.)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 III. II. I. Date of Scheduling Conference. February 25, 2010. Appearances Of Counsel. Deanna L. Martinez, Esq., Assistant United States Attorney, appeared on behalf of Plaintiff. There was no appearance by the claimant. Order to Show Cause. 1. Wong Corporation dba W. Food and Liquor and Allan Wong UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) APPROXIMATELY $18,289.25 IN U.S. ) CURRENCY SEIZED FROM WELLS FARGO ) BANK ACCOUNT NUMBER 6656258958, ) HELD IN THE NAME OF WONG ) CORPORATION DBA W. FOOD AND ) LIQUOR, ) ) Defendants. ) ) ) 1:09-cv-1788 OWW SMS SCHEDULING CONFERENCE ORDER/ORDER TO SHOW CAUSE Order to Show Cause Hearing Date: 3/29/10 10:00 Ctrm. 3 Further Scheduling Conference Date: 3/29/10 10:00 Ctrm. 3 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

shall show cause, if any they have, why their default should not be entered in this case and their claim to the disputed property 1

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foreclosed, on March 29, 2010, at 10:00 a.m. in Courtroom 3 on the Seventh Floor. IV. Summary of Pleadings. 1. This is an in rem civil forfeiture action. In its

Verified Complaint for Forfeiture In Rem, the government alleges that the Defendant in this action is described as Approximately $18,289.25 in U.S. Currency seized from Wells Fargo Bank Account Number 6656258958, held in the name of Wong Corporation dba W. Food and Liquor, (hereafter "Defendant funds") and are subject to forfeiture to the United States pursuant to 18 U.S.C. § 984 and 31 U.S.C. § 5317(c)(2) for violations of 31 U.S.C. § 5324(a)(1) and 31 U.S.C. § 5324(a)(3). 2. On October 16, 2009, the Defendant funds were arrested

pursuant to the Warrant for Arrest of Articles In Rem issued by the United States District Court Clerk. The action was published

beginning October 23, 2009, on the official government website www.forfeiture.gov pursuant to the Order of Publication filed October 22, 2009. December 1, 2009. 3. On November 3, 2009, copies of the Complaint, The Declaration of Publication was filed on

Application and Order for Publication, Warrant for Arrest, Order Setting Mandatory Scheduling Conference, Standing Order in All Civil Cases Assigned to U.S. District Judge Wanger, Notice of Availability of Magistrate Judge, Notice of Availability of Voluntary Dispute Resolution, and letter dated October 14, 2009, were personally served upon Allan Wong. On November 17, 2009,

Allan Wong filed an Answer/Objection to the Complaint. 4. As of the date of the filing of this report, no other 2

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potential claimants have filed claims or answers, or otherwise appeared in this action. 5. On February 12, 2010, the government mailed out a As of today's

proposed Joint Scheduling Report to Allan Wong.

date, the government has yet to receive any communication from Mr. Wong and cannot predict his participation at the February 25, 2010, Scheduling Conference. V. Orders Re Amendments To Pleadings. 1. this time. VI. Factual Summary. A. Admitted Facts Which Are Deemed Proven Without Further The parties do not anticipate amending the pleadings at

Proceedings. 1. It is uncontested that the Defendant funds were

seized on or about May 28, 2009. B. Contested Facts. 1. Plaintiff contends the facts are as alleged in its

Verified Complaint. VII. Legal Issues. A. Uncontested. 1. Jurisdiction exists under 28 U.S.C. §§ 1334 and

1355 and 21 U.S.C. § 881. 2. 3. States. B. Contested. 1. /// 3 All remaining legal issues are disputed. Venue is proper under 28 U.S.C. § 1395. The applicable law is the law of the United

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VIII. 1.

Consent to Magistrate Judge Jurisdiction. The parties have not consented to transfer the

case to the Magistrate Judge for all purposes, including trial. IX. Corporate Identification Statement. 1. Any nongovernmental corporate party to any action in

this court shall file a statement identifying all its parent corporations and listing any entity that owns 10% or more of the party's equity securities. A party shall file the statement with

its initial pleading filed in this court and shall supplement the statement within a reasonable time of any change in the information. X. Further Scheduling Conference. 1. No party has appeared to assert a claim with the In the event that Mr. Wong

exception of the Wong interests.

shows cause and the case continues, a further Scheduling Conference shall be held March 29, 2010. In the event that the

Wong interests fail to show cause, the government is instructed to make application for request to enter default and to proceed to judgment in this matter.

IT IS SO ORDERED. Dated: February 25, 2010 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

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