United States of America v. Approximately $658,830.00 in U.S. Currency
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 2/6/12 PROVISIONALLY GRANTING 78 Motion to Stay. Gibson shall file a written opposition to the motion to stay, or a statement of non-opposition, within 21 days of the entry of this order. Plaint iff may, but is not required to, file a reply brief within 7 days after Gibson files his objection, if any. However, the court may resolve the motion to stay prior to the filing of such a reply brief. The Court shall enter a briefing schedule on the various motions following final resolution of the motion to stay. The Clerk of Court is DIRECTED to serve a copy of this order on the litigation coordinator at Salinas Valley State Prison to ensure timely delivery to prisoner Robert D. Givson, #E-09929. (Meuleman, A)
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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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Plaintiff,
No. 2:11-cv-00967 MCE KJN PS
v.
APPROXIMATELY $658,830.00 IN
U.S. CURRENCY,
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Defendant.
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ORDER
/
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Presently pending before the court in this forfeiture action are several motions
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filed by plaintiff or an incarcerated claimant, Robert D. Gibson.1 These motions include
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Gibson’s motion to suppress evidence and motion to dismiss, filed on January 17, 2012, and
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January 19, 2012, respectively (Dkt. Nos. 75-76). Plaintiff’s written opposition to the motion to
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suppress, or statement of non-opposition, is due on or before February 7, 2012. See E. Dist.
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Local Rule 230(l). Its written opposition to the motion to dismiss, or statement of non-
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opposition, is due on or before February 9, 2012. Id.
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On Saturday, February 4, 2012, plaintiff filed two motions: (1) a motion to stay
resolution of Gibson’s motion to dismiss and motion to suppress pending resolution of plaintiff’s
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This case proceeds before the undersigned pursuant to Eastern District of California Local
Rules 302(c)(3) and (c)(21), and 28 U.S.C. § 636(b)(1).
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motion to strike Gibson’s claim and answer (Dkt. No. 77); and (2) a motion to strike Gibson’s
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claim and answer and alternative motion for summary judgment (Dkt. No. 78). Plaintiff argues
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in its motion to stay that its motion to strike, which raises jurisdictional questions of statutory and
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constitutional standing, should be heard prior to resolving Gibson’s pending motions to suppress
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and dismiss.2 On February 6, 2012, plaintiff filed an ex parte application seeking resolution of its
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motion on shortened time (Dkt. No. 80).
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In short, the undersigned agrees with plaintiff that because its motion to strike
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raises questions of jurisdiction and standing, the court should resolve the motion to strike before
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ruling on Gibson’s motion to suppress and motion to dismiss. Accordingly, the undersigned
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provisionally grants plaintiff’s motion to stay and temporarily suspends plaintiff’s obligation to
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file written oppositions or statements of non-opposition to Gibson’s motions. However, Gibson
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is entitled to be heard in opposition to plaintiff’s motion to stay, and he shall be provided with an
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opportunity to file a written opposition or statement of non-opposition to the motion to stay.
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Accordingly, IT IS HEREBY ORDERED that:
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1.
Plaintiff’s motion to stay resolution of claimant Robert D. Gibson’s
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motion to suppress and motion to dismiss is provisionally granted, and plaintiff’s obligation to
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file oppositions or statements of non-opposition to Gibson’s motion to dismiss and motion to
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suppress is stayed.
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2.
Gibson shall file a written opposition to the motion to stay, or a statement
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of non-opposition, within 21 days of the entry of this order. Plaintiff may, but is not required to,
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file a reply brief within seven days after Gibson files his objection, if any. However, the court
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may resolve the motion to stay prior to the filing of such a reply brief.
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3.
The court shall enter a briefing schedule on the various motions following
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Additionally, the relevant procedural rules require that the government’s motion to strike
be resolved prior to resolving a claimant’s motion to dismiss. See Rule G(8)(c)(ii)(A) of the
Supplemental Rules of Admiralty Or Maritime Claims and Asset Forfeiture Actions.
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final resolution of the motion to stay.
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The Clerk of Court is directed to serve a copy of this order on the litigation
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coordinator at Salinas Valley State Prison, P.O. Box 1020, Soledad, CA 93960, to ensure timely
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delivery to prisoner Robert D. Gibson, #E-09929.
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IT IS SO ORDERED.
DATED: February 6, 2012
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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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