United States of America v. Approximately $35,040 in United States Currency et al

Filing 25

ORDER TO SHOW CAUSE AND VACATING HEARING AND CASE MANAGEMENT CONFERENCE. Signed by Judge Jeffrey S. White on 10/1/12. (jjoS, COURT STAFF) (Filed on 10/1/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C 12-02703 JSW

v.
(1) APPROXIMATELY $35,040 IN UNITED
STATES CURRENCY, and (2)
APPROXIMATELY $36,085 IN UNITED
STATES CURRENCY,

ORDER TO SHOW CAUSE AND
VACATING HEARING AND
CASE MANAGEMENT
CONFERENCE

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Defendants.
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Now before the Court are: (1) Claimants’ motion to dismiss based on the alleged

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untimeliness of the United States of America’s filing of a claim; (2) United States of America’s

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motion to strike the Claimants’ claims as untimely filed; (3) United States of America’s motion

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to strike the Claimants’ claims for failure to answer special interrogatories; and (4) United

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States of America’s administrative motion to continue the hearing and briefing on the

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Claimants’ motion to dismiss. This matter is also set for an initial case management on the day

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set for hearing on the Claimants’ motion to dismiss, October 5, 2012 at 1:30 p.m.

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Pursuant to Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture

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Actions (“Supplemental Rules”), the government may serve special interrogatories limited to

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the claimant’s identity and relationship to the defendant property without leave of court any

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time after a claim is filed and before discovery is closed. See Supplemental Rule G(6)(a). The

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effect of service of the interrogatories is a delay of 21 days from the responsive answers to any

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pending motion to dismiss. See Supplemental Rule G(6)(c). In addition, failure to serve

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responses is a basis for a motion to strike a claim. See Supplemental Rule G(8)(c)(i)(A).

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The United States of America filed an opposition prior to service of responses to their

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special interrogatories, rendering their administrative motion to extend briefing moot.

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However, Claimants have failed either to file a reply on their motions to dismiss or to file

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answers to the special interrogatories. Accordingly, this Court HEREBY ISSUES this Order to

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Show Cause why the Claimants’ claims should not be stricken for either (1) untimeliness in

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filing their original claims, or (2) failure to respond to the outstanding special interrogatories.

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Claimants shall file a response in writing to this Order with a reply on their motion to dismiss as
well as oppositions to the motions to strike their claims by no later than October 12, 2012.

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For the Northern District of California

United States District Court

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Failure to respond timely to this Order shall result in the granting of the government’s motion to

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strike the claims.

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The hearing on the motion to dismiss and the initial case management conference, both

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set for October 5, 2012 at 1:30 p.m., the motions to strike set for October 12, 2012 and

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November 9, 2012 are HEREBY VACATED.

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IT IS SO ORDERED.

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Dated: October 1, 2012
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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2

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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USA,

Case Number: CV12-02703 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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For the Northern District of California

United States District Court

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1 APPROXIMATELY ,040 IN US
CURRENCY et al,
Defendant.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on October 1, 2012, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
delivery receptacle located in the Clerk's office.

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Ahmed Almontaser
703 Carroll Street
Brooklyn, NY 11215

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Hemiar Hidais
2021 78th Street #4
Brooklyn, NY 11214
Dated: October 1, 2012
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk