United States of America v. Approximately $57,378 in United States Currency

Filing 61

ORDER DIRECTING CLERK TO FILE OPPOSITION MOTION FOR ANSWERING UNDER SEAL; DIRECTING PETITIONER TO FILE PROOF OF SERVICE. Sims must serve the "Opposition Motion for Answering" and file proof of such service by July 27, 2011. Signed by Judge Maxine M. Chesney on 7/21/2011. (mmclc2, COURT STAFF) (Filed on 7/21/2011) (Additional attachment(s) added on 7/21/2011: # 1 Certificate of Service) (tlS, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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No. CR 8-0443 MMC

UNITED STATES OF AMERICA,
Plaintiff,
v.

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EARL HARREL SIMS, II,

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Defendant.

/

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KAP SUK SIMS,
Petitioner

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/
UNITED STATES OF AMERICA,

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ORDER DIRECTING CLERK TO FILE
“OPPOSITION MOTION FOR
ANSWERING” UNDER SEAL;
DIRECTING PETITIONER TO FILE
PROOF OF SERVICE
No. C 08-5023 MMC

Plaintiff,
v.
APPROXIMATELY $57,378.00 IN UNITED
STATES CURRENCY,
Defendant.
/
KAP SUK SIMS,
Claimant.
/
Before the Court is petitioner and claimant Kap Suk Sims’ (“Sims”) “Opposition
Motion for Answering,” filed July 15, 2011 (hereafter, “Opposition”). The Court, having

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reviewed the Opposition, notes the following two procedural issues.
First, the Opposition consists almost exclusively of materials containing personal

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financial information as to both Sims and third parties, of a type similar to that previously

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ordered filed under seal when submitted by the Government. (See Sealing Order, filed

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June 21, 2011.) Accordingly, the Court hereby DIRECTS the Clerk to file said Opposition

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under seal.

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Second, because the Opposition was not filed electronically, Sims has violated the

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local rules of this district by failing to file a certificate of service demonstrating she served

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the Opposition on the Government. See Civil L.R. 5-6 (requiring filing of certificate of

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service “[w]henever any pleading or other paper presented for filing is required . . . to be

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served”); Civil L.R. 7-3 (providing “opposition to a motion must be served”). Accordingly,

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Sims is hereby DIRECTED to serve the Opposition on the Government, and file proof of

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such service, no later than July 27, 2011. Sims’s failure to timely file said proof of service

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may result in the Court’s striking the Opposition.

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IT IS SO ORDERED.

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Dated: July 21, 2011
MAXINE M. CHESNEY
United States District Judge

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