United States of America v. Approximately $104,994 in United States Currency

Filing 12

ORDER CONTINUING CASE MANAGEMENT CONFERENCE re 11 Joint Case Management Statement filed by United States of America. Signed by Judge James Larson on 12/9/08. (jlsec, COURT STAFF) (Filed on 12/9/2008)

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Case 3:08-cv-02331-JL Document 11 Filed 12/09/2008 Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney BRIAN J. STRETCH (CSBN 163973) Chief, Criminal Division DAVID B. COUNTRYMAN (CSBN 100374) Assistant United States Attorney 450 Golden Gate Avenue, 9th Floor San Francisco, CA 94102 Telephone: 415.436.7303 Facsimile: 415.436.6748 Email: david.countryman@usdoj.gov Attorneys for United States of America UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) APPROXIMATELY $104,994 IN UNITED ) STATES CURRENCY, ) ) Defendant. ) ) No. 08-08-02331 JL JOINT CASE MANAGEMENT CONFERENCE Plaintiff, United States of America and ClaimantTodd Dunphy respectfully submit this Joint Case Management Statement. 1. Jurisdiction and Service This Court has jurisdiction pursuant to Title 28, United States Code, Sections 1345 and 1355 and Title 21, United States Code, Section 881(a)(6). Plaintiff has served notice of this action on all persons who may have an interest in the property. Todd Dunphy, represented by David Michael, has filed a verified claim and an answer. To date, no other claims have been filed in this action. Case 3:08-cv-02331-JL Document 11 Filed 12/09/2008 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. Facts This is a forfeiture action. The money was seized from Todd Dunphy during a search at the San Francisco Airport on November 5, 2007. The government contends that there is sufficient evidence to believe that the defendant currency is subject to forfeiture, pursuant to Title 2 1, United States Code, 88 1(a)(6), as money furnished or intended to be furnished in exchange for a controlled substance, traceable to such an exchange or used or intended to be used to facilitate a violation of Subchapter I, Chapter 13 of title 21 United States Code. Claimant denies that the defendant currency is subject to forfeiture.. 3. Principal Factual and Legal Issues The principal factual and legal issues in dispute are: 1) whether plaintiff can establish by a preponderance of the evidence that the defendant currency is drug proceeds and thus forfeitable under Title 2 1, United States Code, Section 881(a)(6) and 2) whether claimant Todd Dunphy can establish by a preponderance of the evidence that he is an innocent owner of the defendant currency. 4. Anticipated Motions The parties contemplate the possibility of filing pre-trial dispositive and non-dispositive motions. Because of a related criminal investigation that is currently pending in the District of Hawaii, the parties request that this case be stayed for sixty (60) days. 5. Amendment of Pleadings At this time, the parties do not anticipate filing any amended pleadings. 6. Disclosures This is an in rem forfeiture case and is exempt from initial disclosures pursuant to Federal Rule of Civil Procedure 26 (a)(1)(B)(ii). 7. Discovery The parties have not engaged in discovery at this time. Because of a related criminal investigation that is currently pending in the District of Hawaii, the parties request that this case be stayed for sixty (60) days. Joint Case Management Statement No. 08-02331 JL 2 Case 3:08-cv-02331-JL Document 11 Filed 12/09/2008 Page 3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 8. Class Action This is not a class action. 9. Related Case The parties are aware of a related criminal investigation that is currently pending in the District of Hawaii 10. Relief/Damages Plaintiff seeks a judgment of forfeiture of the defendant currency. This is not a damages case. Claimants seek the return of the defendant currency. 11. Settlement At this juncture, matters are far too undeveloped to ascertain the possibility of settlement. Dated: December 9, 2008 13 14 15 16 17 18 19 20 21 22 The Case Management Conference has been continued to Wednesday, February 11, 2009 at 10:30 a.m. Dated: December 9, 2008 /s/______________________________ DAVID B. COUNTRYMAN Assistant United States Attorney /s/_________________________________ DAVID M. MICHAEL Attorney for Claimant TODD DONALD DUNPHY UNIT ED 23 24 25 26 27 28 Joint Case Management Statement No. 08-02331 JL 12/9/08 S IT IS SO ORDERED. S DISTRICT TE C TA ER N D IS T IC T R OF 3 A C LI FO Judge Ja mes Lar son R NIA O OR IT IS S DERED RT U O NO RT H

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