United States of America v. Approximately $189,040.00 in U.S. Currency

Filing 26

ORDER signed by Magistrate Judge Kendall J. Newman on 6/17/2013 SETTING a Motion Hearing as to 11 Motion to Stay, 20 , 24 Motions to Strike Claimant Hafeez' claim to 8/8/2013 at 10:00 AM in Courtroom 6 (JAM) before Magistrate Judge Kendall J. Newman; ORDERING Claimant Hafeez to file any Opposition by 7/25/2013; ALLOWING the United States to file a Reply, if any, by 8/1/2013; POSTPONING the deadline to submit a Joint Status Report until 28 days after a final resolution of the Motion to Stay and the Motions to Strike. (Michel, G)

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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. 2:13-cv-0643 JAM KJN

v.
APPROXIMATELY $189,040.00
IN U.S. CURRENCY,

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Defendant.
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ORDER
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This action, commenced on April 3, 2013, is a civil action in rem to forfeit to the

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United States approximately $189,040.00 in U.S. currency allegedly involved in violations of

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federal drug laws. (ECF No. 1.) According to the verified complaint, the defendant currency

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was seized on June 14, 2012, on Highway 44 near Palo Cedro, California from two hidden

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compartments of a 2008 Lincoln Navigator driven by Asif Hafeez. (Id.)

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On May 20, 2013, claimant Asif Hafeez, proceeding without counsel and in forma

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pauperis, filed a claim with respect to the defendant property. (ECF No. 8.) Claimant Hafeez

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simultaneously filed a motion to stay this action until an allegedly related criminal action in New

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York is concluded. (ECF No. 11.) On June 7, 2013, the United States filed an opposition to the

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motion to stay on the basis that the motion failed to identify sufficient grounds to stay the case

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under 18 U.S.C. § 981(g)(2) and that claimant Hafeez failed to establish statutory or
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constitutional standing to file a claim. (ECF No. 18.)

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Thereafter, on June 14, 2013, the United States also filed a motion to strike

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claimant Hafeez’s claim based in large part on an alleged lack of standing. (ECF No. 20.) That

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motion was then referred to the undersigned pursuant to Local Rule 302(c)(21), and re-noticed

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before the undersigned for a hearing on August 8, 2013. (ECF Nos. 22, 24.) The United States

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has further filed a request that the deadline to submit a joint status report be postponed until

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resolution of the above-mentioned motions. (ECF No. 23.)

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Because of the relatedness of the questions presented by claimant Hafeez’s motion
to stay and the United States’s motion to strike, the court finds it appropriate to hear oral

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argument with respect to both motions on August 8, 2013. Additionally, in light of the pending

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motions, the court finds that good cause exists to postpone the deadline for filing of a joint status

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report.

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Accordingly, for the reasons outlined above, IT IS HEREBY ORDERED that:

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1. A hearing on both claimant Hafeez’s motion to stay (ECF No. 11) and the

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United States’s motion to strike claimant Hafeez’s claim (ECF No. 20, 24) is set for August 8,

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2013, at 10:00 a.m., in Courtroom No. 25 before the undersigned.

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2. Claimant Hafeez shall file any opposition to the United States’s motion to

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strike no later than July 25, 2013. The United States may file a reply to the opposition, if any, no

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later than August 1, 2013.

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3. The deadline to submit a joint status report is postponed until 28 days after

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final resolution of claimant Hafeez’s motion to stay and the United States’s motion to strike.

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IT IS SO ORDERED.
DATED: June 17, 2013
_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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