United States of America v. Approximately $29,900 in United States Currency et al

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ORDER RESCHEDULING CASE MANAGEMENT CONFERENCE. Signed by Judge James Larson on 2/4/08. (jlsec, COURT STAFF) (Filed on 2/4/2008)

United States of America v. Approximately $29,900 in United States Currency et al

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Case 3:07-cv-02755-JL

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Filed 01/31/2008 02/04/2008

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JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney BRIAN J. STRETCH (CSBN 163973) Chief, Criminal Division PATRICIA J. KENNEY (CSBN 130238) Assistant United States Attorney 450 Golden Gate Avenue San Francisco, CA 94102 Telephone: [phone] Facsimile: 415.436.6748 Email: [e-mail] Attorneys for United States of America

9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 13 14 15 16 17 18 Defendants. 19 20 21 Claimants. 22 23 24 25 26 27 28 The parties agree, subject to the Court's approval, that the case management conference currently scheduled for February 13, 2008 at 10:30 a.m. be rescheduled in four months on or about June 18, 2008. In this civil forfeiture action, the United States is represented by Assistant United States Attorney Patricia J. Kenney and claimants Gregory Blank and David Tennenbaum are represented by Stuart Hanlon and Sara Rief. On August 10, 2007, claimants filed their GREGORY BLANK and DAVID TENNENBAUM, v. (1) APPROXIMATELY $29,900 IN UNITED STATES CURRENCY AND (2) APPROXIMATELY $21,000 IN UNITED STATES CURRENCY, UNITED STATES OF AMERICA, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

No. 07-2755 JL STIPULATION AND ORDER RE: RESCHEDULING THE CASE MANAGEMENT CONFERENCE SET FOR FEBRUARY 13, 2007

Dockets.Justia.com

Case 3:07-cv-02755-JL

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claims. The Court held a case management conference was held on October 10, 2007 which included the government's plan for discovery. There are a couple reasons for the request. Claimants' counsel has learned that claimant Gregory Blank died last week and claimant's counsel needs additional time to determine whether his claim survived and, if so, to whom it belongs and what documentation is necessary to substitute a new party as claimant. Claimant's counsel also plans to file a suggestion of death on the record in accordance with Rule 25(a), Federal Rules of Civil Procedure. Further, because of an unanticipated medical leave from November 16 through January 22, 2008 due to surgery, the undersigned Assistant United States Attorney has yet to promulgate needed discovery. Finally, the parties are exploring whether a settlement of this case is possible. Accordingly, the parties request the Court to reschedule the case management conference in June of 2008.

IT IS SO STIPULATED:

Dated: January 31, 2008 16 17 18 Dated: January 31, 2008 19 20 21

/s/ PATRICIA KENNEY Assistant United States Attorney

/s/ STUART HANLON SARA RIEF Attorneys for claimants Gregory Blank and David Tennenbaum

22 The Case Management Conference is continued to June 18, 2008 at 10:30 a.m. 23 24 25 26 27 28 Stipulation & Order C 07-2755 JL 2 HONORABLE JAMES LARSON United States Magistrate Judge PURSUANT TO THE FOREGOING STIPULATION, IT IS SO ORDERED ON THIS DAY OF February 4 , 2008.