United States of America v. $49,790 in United States Currency

Filing 29

STIPULATION AND ORDER re doc 28 filed by United States of America. 4/9/2010 - last date for filing of dispositive motions. 4/23/2010 - Oppositions due. 4/30/2010 - Replies due. 5/13/2010 at 10:00 AM - Hearing on dispositive motions. Signed by Judge Vaughn R Walker on 2/2/2010. (cgk, COURT STAFF) (Filed on 2/2/2010)

1 2 3 4 5 6 7 8 9

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, Box 36055 San Francisco, California 94102-3495 Telephone: [phone] Facsimile: 415.436.6748 Attorneys for the United States of America UNITED STATES DISTRICT COURT

10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 13 14 15 16 17 Defendant. 18 19 20 21 22 23 24 25 26 27 28 HERMAN KEESE, Claimant. v. $49,790 IN UNITED STATES CURRENCY, UNITED STATES OF AMERICA, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. C 08-1654 VRW

AMENDED STIPULATION AND ORDER RE: RESCHEDULING

1 2 3 4 5 6 7 8 9 10

On January 26, 2010, the undersigned filed a stipulation to which the parties had agreed on January 6, 2010 before the undersigned was out of the office for two weeks, but which stipulation was inadvertently not filed on January 6, 2010. Subsequently, counsel for claimant Herman Keese, David Michael, notified the undersigned that due to a change in his schedule that he will be out of the country on the date the parties initially suggested for a hearing (April 16, 2010). Accordingly, the parties are amending their stipulation submitted on January 26, 2010, and requesting that the dispositive motions be scheduled as follows: 4/09/10 4/23/10 4/30/10 5/14/10 last date for filing of dispositive motions; oppositions to dispositive motions due to be filed; replies in support of dispositive motions due to be filed; and hearing on dispositive motions.

The parties stipulated, and the Court ordered, one previous rescheduling. 11 The United States has not yet had the opportunity to take the Court-supervised deposition 12 of claimant Keese due to unavailability of Keese and his counsel until February. The Court will 13 recall that the parties had a discovery dispute regarding claimant's deposition and certain oral 14 objections and directions not to answer which claimant's counsel made. The dispute was 15 resolved by an agreement to allow Keese to be re-deposed on a date when the Court was 16 available in the courthouse so that the parties could call if they reached any impasses during the 17 deposition which they could not resolve. Subject to the availability of the Court, the parties have 18 agreed to complete claimant's deposition at the courthouse in the Office of the United States 19 20 There are a number of reasons for the rescheduling the filing of dispositive motions. 21 Although the parties have agreed on a date for the further court-ordered deposition of claimant 22 Keese, claimant Keese had to cancel at the last moment a scheduled deposition last fall because 23 of the hospitalization of his mother and his counsel, who was out of the country, was unable to 24 reschedule that deposition until after January 22, 2010. In addition, the undersigned has had 25 26 27 28 If the Court is unavailable on February 10, 2010, the parties have agreed that the deposition can be completed on one of the following days with their preferred dates stated in the order of their choice: 2/17, 2/18, 2/23 or 2/24. Amended Stip & Order Re: Rescheduling No. C 08-1654 VRW 2
1

Attorney on February 10, 2010.1

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

some medical difficulties which precluded preparation of the motion on the initial January 28 schedule and also was out of the country from January 11 until January 25, 2010.

IT IS SO STIPULATED:

JOSEPH P. RUSSONIELLO United States Attorney /s/ PATRICIA J. KENNEY Assistant United States Attorney

DATED: January 28 , 2010

DATED: January 28 , 2010

/s/ DAVID MICHAEL Attorney for Claimant Herman Keese

IT IS SO ORDERED PURSUANT TO THE PARTIES' FOREGOING STIPULATION ON THIS 2nd DAY OF February , 2010. SPECIFICALLY, THE PARTIES ARE TO

ADHERE TO THE FOLLOWING REVISED, STIPULATED SCHEDULE: 4/09/10 4/23/10 4/30/10 5/14/10 LAST DATE FOR FILING OF DISPOSITIVE MOTIONS; OPPOSITIONS TO DISPOSITIVE MOTIONS DUE TO BE FILED; REPLIES IN SUPPORT OF DISPOSITIVE MOTIONS DUE TO BE FILED; AND HEARING ON DISPOSITIVE MOTIONS. - 5/13/2010 at 10:00 AM.

UNIT ED

22 23 24

S

21

S DISTRICT TE C TA HONORABLE VAUGHN R. WALKER
Chief United States District Judge

27 28 Amended Stip & Order Re: Rescheduling No. C 08-1654 VRW

N

F D IS T IC T O R

3

A

26

ER

C

LI

FO

25

aughn R Judge V

Walker

R NIA

DERED SO OR IT IS

RT U O

NO

RT

H