United States of America v. $237,632.29 In Funds Seized From Bank of America Acct #XXXXX52266 et al

Filing 19

ORDER re 18 Case Management Statement filed by Citi Alliance Telecard Inc. MOTION DUE BY 10/08/2012. (whalc2, COURT STAFF) (Filed on 10/3/2012)

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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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No. C 12-04416 WHA

Plaintiff,
v.

ORDER RE CITI ALLIANCE
TELECARD, INC.’S STATEMENT

$237,632.29 In Funds Seized From Bank of
America Acct #XXXXX52266 and
$60,435.65 In Funds Seized From
JPMorgan Chase Acct #XXXX26654,
Defendants.
/

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The Court has received Citi Alliance Telecard, Inc.’s “separate case management

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statement” contesting the government’s unilateral dismissal of this action on or around

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September 25, 2012 (Dkt. Nos. 14 and 17). The government’s notice of withdrawal of its

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proposed order of voluntary dismissal states that no answer was filed until September 25 (Dkt.

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No. 17). The government filed its original notice of dismissal on September 24. Thus, the

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government states that it may voluntarily dismiss an action pursuant to FRCP 41(a)(1) without

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court order. Citi Alliance Telecard contends that the government may not unilaterally dismiss

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the action, and states that it “will shortly file a motion addressing this point.” Citi Alliance

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Telecard may file such motion on a 35-day track pursuant to the Local Rules. The motion must

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be filed by NOON ON OCTOBER 8, 2012. The case management conference, previously

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scheduled for October 4, shall remain off calendar.

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IT IS SO ORDERED.

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Dated: October 3, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE