United States Of America v. Approximately $8,800 in American Express Travelers' Checks et al
Filing
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ORDER TO STAY. Parties to file update after resolution of other action. re 48 Case Management Statement filed by United States Of America (whalc2, COURT STAFF) (Filed on 1/16/2013)
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MELINDA HAAG (CSBN 132612)
United States Attorney
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MIRANDA KANE (CSBN 150630)
Chief, Criminal Division
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DAVID B. COUNTRYMAN (CSBN 226995)
Assistant United States Attorney
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450 Golden Gate Avenue, 11th Floor
San Francisco, CA 94102
Telephone: 415.436.7303
Facsimile: 415.436.7234
Email: david.countryman@usdoj.gov
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Attorneys for United States of America
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA,
Plaintiff,
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v.
APPROXIMATELY $8,800 IN
AMERICAN EXPRESS TRAVELERS’
CHECKS; AND ONE PENTAX 35mm
CAMERA, SERIAL NUMBER 1318242
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Defendant.
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No. CV 09-2308 WHA
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CASE MANAGEMENT CONFERENCE
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STAY
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Plaintiff, United States of America, and claimant Gary Hardeman respectfully submit this
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Joint Case Management Statement.
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1. Jurisdiction and Service
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This Court has jurisdiction under Title 28, United States Code, Sections 1345 and
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1355(a); Title 18, United States Code, Section 981(a)(1)(A); Title 18, United States Code,
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Sections 2254; Title 18, United States Code, Section 2428. There are no counterclaims. Plaintiff
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has served notice of this action on all persons who may have an interest in the property,
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including the following: Claimant Gary Hardeman.
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2. Facts
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On November 30, 2008, Gary Hardeman was arrested at the San Francisco International
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Airport after boarding a flight to Mexico. Among his belongings, agents found and seized the
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defendant property. Hardeman was arrested on an outstanding warrant for failing to register as a
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sex offender, and charges are currently pending in San Francisco County Superior Court.
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Hardeman was also arrested for Engaging in Illicit Sexual Conduct in Foreign Places, and
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charges are currently pending in the federal District Court for the Northern District of California.
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3. Principal Factual and Legal Issues
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The principal factual and legal issues in dispute are: 1) whether plaintiff can establish by
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a preponderance of the evidence that the defendant property is property intended to be used to
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commit or promote the sexual exploitation of children, illegal sexual activity, or child
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pornography; (2) whether plaintiff can establish by a preponderance of the evidence that the
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defendant property is property involved money laundering relating to illegal sexual activity or
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the sexual exploitation of children; 3) whether claimant Gary Hardeman can establish by a
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preponderance of the evidence that he is an innocent owner of the defendant property.
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4. Anticipated Motions
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On January 5, 2011, Court stayed the instant civil forfeiture case until April 7, 2011, due
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to claimant’s pending criminal prosecution: United States v. Hardeman, 10-cr-00859 RS. On
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October 20, 2011, the United States filed Notice of Appeal of the District Court’s dismissal of
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Count Two of the Indictment (Docket No. 79), and on October 21, 2011 the Court vacated the
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trial and pre-trial dates. Docket No. 82. On January 14, 2012, the Ninth Circuit reversed the
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district court’s dismissal of Count Two and remanded for further proceedings. As Mr.
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Hardeman’s criminal cases are still ongoing, the parties respectfully request an additional stay of
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this case, so as not to raise the risk of self-incrimination or adversely affect the ability of the
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government to prosecute the related criminal cases.
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5. Relief/Damages
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Plaintiff seeks a judgment of forfeiture of the defendant property. This is not a damages
CASE MANAGEMENT CONFERENCE STATEMENT AND PROPOSED ORDER
No. CV 09-2308 WHA
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case. Claimant Gary Hardeman seeks the return of the defendant property.
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6. Settlement
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Given the stay of this action necessitated by the pending criminal cases, it is too early to
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anticipate settlement with any accuracy.
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7. Discovery
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This is an in rem forfeiture case and is exempt from initial disclosures pursuant to
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Federal Rule of Civil Procedure 26(a)(l)(B)(ii). Given the stay of this action necessitated by the
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pending criminal cases, no discovery has occurred.
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8. Alternative Means of Disposition
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The parties would be amenable to the assignment of a settlement magistrate, after the
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resolution of the pending criminal cases.
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9. Related Cases
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This case is related to claimant’s pending criminal prosecution.
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Dated: 01/15/13
/S/ Daniel Paul Blank
DANIEL PAUL BLANK
Attorney for Claimant
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Dated:01/15/13
/S/ David B. Countryman
DAVID B. COUNTRYMAN
Assistant United States Attorney
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CASE MANAGEMENT CONFERENCE STATEMENT AND PROPOSED ORDER
No. CV 09-2308 WHA
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[PROPOSED] ORDER TO STAY
Based upon claimant Gary Hardeman’s request to continue the stay of the current
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forfeiture proceedings, the United States’ non-opposition, and for good cause appearing, it is
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HEREBY ORDERED that the instant case be, and hereby is, STAYED, pursuant to 18 U.S.C.
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§ 981(g).
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Pursuant to request of the parties and for good cause shown, this action will be
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“administratively closed” for purposes of the Civil Justice Reform Act reporting requirements
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until the resolution of United States v. Hardeman, 10-cr-00859. The parties shall file a status
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report herein no later than FOURTEEN DAYS after the resolution of the criminal action.
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SO ORDERED.
Dated: January 15, 2013.
WILLIAM ALSUP
United States District Judge
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CASE MANAGEMENT CONFERENCE STATEMENT AND PROPOSED ORDER
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