United States v. Approximately $77,000.00 in U.S. Currency

Filing 74

ORDER Temporarily Vacating Claimant's 44 Motion to Dismiss for Lack of Jurisdiction and Plaintiff's 47 Motion to Amend the Complaint, Pending Filing of a Status Report and Notice of Claimant's Death by Claimant's Counsel signed by Magistrate Judge Gary S. Austin on 9/30/2013. (Martinez, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES,

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No. 1:11-cv-01251 GSA

Plaintiff,
v.
APPROXIMATELY $77,000.00 IN U.S.
CURRENCY,
Defendant.

ORDER TEMPORARILY VACATING
CLAIMANT’S MOTION TO DISMISS FOR
LACK OF JURISDICTION AND
PLAINTIFF’S MOTION TO AMEND THE
COMPLAINT, PENDING FILING OF A
STATUS REPORT AND NOTICE OF
CLAIMANT’S DEATH BY CLAIMANT’S
COUNSEL
(Docs. 44 and 47)

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On April 23, 2013, the parties to this action filed a notice of settlement of this matter and a
proposed order to vacate the previously set trial dates. (Doc. 66). During a telephonic status

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conference held on August 7, 2013, the parties brought to the Court’s attention the fact that the
claimant in this matter, Felix Velasco (“Claimant”), had died. Claimant’s counsel informed the

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Court that he was unsure at that time whether the Claimant’s heirs were amenable to pursuing a

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settlement to resolve this matter. The Court then indicated, based on the changed posture of the

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case, that it would rule on Claimant’s pending motion to dismiss for lack of jurisdiction as well as

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Plaintiff United States’ (“Plaintiff”) pending motion to amend the complaint.

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It has subsequently become clear however, that prior to ruling on the pending motions, it
would be beneficial for the Court to get a clarification regarding the intentions of Claimant’s heirs

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with respect to pursuing a settlement in this matter. Further, in light of Claimant’s death,
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Claimant’s counsel needs to file a notice of death with the Court. Plaintiff’s counsel is therefore

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directed to file, within thirty (30) days of the date of this order: (1) a status report outlining the

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intentions of Claimant’s heirs with respect to pursuing a settlement in this matter; and (2) a notice

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of death on behalf of the Claimant.

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Accordingly, the Claimant’s motion to dismiss for lack of jurisdiction and the Plaintiff’s
motion to amend the complaint are temporarily VACATED from the Court’s calendar, pending

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filing of the requisite status report and death notice by Claimant’s counsel.

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IT IS SO ORDERED.

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Dated:

September 30, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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DEAC _Signature- END:

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