United States Of America v. Approximately $8,800 in American Express Travelers' Checks et al

Filing 35

STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE [re 34 Joint Case Management Statement filed by United States Of America]. Further Case Management Conference set for 9/1/2011 11:00 AM in Courtroom 9, 19th Floor, San Francisco. Joint case management statement due by 8/25/2011. Signed by Judge William Alsup on 4/5/2011. (whasec, COURT STAFF) (Filed on 4/5/2011)

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United States Of America v. Approximately $8,800 in American Express ...lers' Checks et al Doc. 35 1 2 3 4 5 6 7 8 MELINDA HAAG (CSBN 132612) United States Attorney MIRANDA KANE (CSBN 150630) Chief, Criminal Division DAVID B. COUNTRYMAN (CSBN 226995) Assistant United States Attorney 450 Golden Gate Avenue, 11th Floor San Francisco, CA 94102 Telephone: 415.436.7303 Facsimile: 415.436.7234 Email: david.countryman@usdoj.gov Attorneys for United States of America 9 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 13 14 15 16 17 18 Defendant. 19 20 21 22 23 24 25 26 27 28 Plaintiff, United States of America, and claimant Claimant Gary Hardeman respectfully submit this Joint Case Management Statement. 1. Jurisdiction and Service This Court has jurisdiction under Title 28, United States Code, Sections 1345 and 1355(a); Title 18, United States Code, Section 981(a)(1)(A); Title 18, United States Code, Sections 2254; Title 18, United States Code, Section 2428. There are no counterclaims. Plaintiff has served notice of this action on all persons who may have an interest in the property, including the following: Claimant Gary Hardeman v. APPROXIMATELY $8,800 IN AMERICAN EXPRESS TRAVELERS' CHECKS; AND ONE PENTAX 35mm CAMERA, SERIAL NUMBER 1318242 UNITED STATES OF AMERICA, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) ) No. 09-02308 WHA CASE MANAGEMENT CONFERENCE STATEMENT AND PROPOSED ORDER TO STAY Dockets.Justia.com 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 On November 30, 2008, Gary Hardeman was arrested at the San Francisco International Airport after boarding a flight to Mexico. Among his belongings, agents found and seized the defendant property. Hardeman was arrested on an outstanding warrant for failing to register as a sex offender, and charges are currently pending in San Francisco County Superior Court. Hardeman was also arrested for Engaging in Illicit Sexual Conduct in Foreign Places, and charges are currently pending in the federal District Court for the Northern District of California. 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 property is property intended to be used to commit or promote the sexual exploitation of children, illegal sexual activity, or child pornography; (2) whether plaintiff can establish by a preponderance of the evidence that the defendant property is property involved money laundering relating to illegal sexual activity or the sexual exploitation of children; 3) whether claimant Gary Hardeman can establish by a preponderance of the evidence that he is an innocent owner of the defendant property. 4. Anticipated Motions On January 5, 2011, Court stayed the instant civil forfeiture case until April 7, 2011, due to claimant's pending criminal prosecution: United States v. Hardeman, 10-cr-00859 RS. As Mr. Hardeman's criminal cases are still ongoing, the parties respectfully request an additional stay of this case, so as not to raise the risk of self-incrimination or adversely affect the ability of the government to prosecute the related criminal cases. 5. Relief/Damages Plaintiff seeks a judgment of forfeiture of the defendant property. This is not a damages case. Claimant Gary Hardeman seeks the return of the defendant property. 6. Settlement Given the stay of this action necessitated by the pending criminal cases, it is too early to anticipate settlement with any accuracy. /// CASE MANAGEMENT CONFERENCE STATEMENT AND PROPOSED ORDER No. 09-02308 WHA 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 7. Discovery This is an in rem forfeiture case and is exempt from initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(l)(B)(ii). Given the stay of this action necessitated by the pending criminal cases, no discovery has occurred. 8. Alternative Means of Disposition The parties would be amenable to the assignment of a settlement magistrate, after the resolution of the pending criminal cases. 9. Related Cases This case is related to claimant's pending criminal prosecution. Dated: 3/28/11 /S/___________________________________ DANIEL PAUL BLANK Attorney for Claimant Dated: 3/28/11 /S/___________________________________ DAVID B. COUNTRYMAN Assistant United States Attorney [PROPOSED] ORDER TO STAY Based upon claimant Gary Hardeman's request to continue the stay of the current forfeiture proceedings, the United States' non-opposition, and for good cause appearing, it is HEREBY ORDERED that the instant case be, and hereby is, STAYED, pursuant to 18 U.S.C. § 981(g) until a status conference can be held on ______________________________________. September 1, 2011 S DISTRICT TE C TA UNIT ED 24 25 26 27 28 SO ORDERED. Dated: 4/5/2011. RT U O S ER N F D IS T IC T O R CASE MANAGEMENT CONFERENCE STATEMENT AND PROPOSED ORDER No. 09-02308 WHA 3 A C LI FO WILLIAM H. ALSUP United States District Judge Judge William Alsup NO R NIA VED APPRO RT H

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