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

Filing 29

ORDER CONTINUING CASE MANAGEMENT CONFERENCE re 28 Joint Case Management Statement filed by United States of America. Signed by Judge James Larson on 12/22/10. (jlsec, COURT STAFF) (Filed on 12/22/2010)

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

Doc. 29

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MELINDA HAAG (CSBN 132612) United States Attorney MIRANDA KANE (CSBN 150630) Chief, Criminal Division DAVID B. COUNTRYMAN (CSBN 100374) Assistant United States Attorney 450 Golden Gate Avenue, 11th Floor San Francisco, CA 94102 Telephone: [phone] Facsimile: 415.436.7234 Email: [e-mail] 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. 08-02331 JL JOINT CASE MANAGEMENT CONFERENCE

Plaintiff, United States of America and Claimant Todd 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. ///

Dockets.Justia.com

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2. Facts The parties have entered into a settlement agreement, that they believe will be memorialized before the case management conference scheduled for December 29, 2010. 3. Principal Factual and Legal Issues There are currently no factual and legal issues in dispute. 4. Anticipated Motions None at this time. 5. Amendment of Pleadings None at this time. 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, other than the government's initial Special Interrogatories. The parties do not contemplate further discovery 8. Class Action This is not a class action. 9. Related Case The parties are aware of a related criminal prosecution and a civil forfeiture action 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. /// /// /// /// /// Joint Case Management Statement No. 08-02331 JL

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11. Settlement The parties have entered into a settlement agreement, that they believe will be memorialized before the case management conference scheduled for December 29, 2010.

Dated: December 22, 2010 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Joint Case Management Statement No. 08-02331 JL December 22, 2010 Due to the Court's unavailability, the case management conference is hereby continued to January 12, 2011 at 10:30 a.m. Dated:December 22, 2010 /S/_______________________________ DAVID B. COUNTRYMAN Assistant United States Attorney /S/_______________________________ DAVID M. MICHAEL Attorney for Claimant TODD DONALD DUNPHY

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