Harper v. Department of Defense

Filing 3

ORDER Directing Movant to Serve Motion 1 on the Government. Signed by Judge Edward M. Chen on 7/19/2012. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 7/19/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CURTIS R. HARPER,

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Movant,
v.

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For the Northern District of California

United States District Court

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DEPARTMENT OF DEFENSE,

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No. C-12-80167 MISC EMC

ORDER DIRECTING MOVANT TO
SERVE MOTION ON THE
GOVERNMENT

Respondent.
___________________________________/

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The Court is in receipt of movant Curtis Harper's "Motion for Order Pursuant to Customer

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Challenge Provisions of the Right to Financial Privacy Act of 1978," filed July 16, 2012. Pursuant

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to 12 U.S.C. § 3410(a), a movant is required to serve his motion on the Government "by delivering

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or mailing by registered or certified mail a copy of the papers to the person, office, or department

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specified in the notice which the customer has received pursuant to this chapter." The second page

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of the Department of the Army's Notice to Customer, which Mr. Harper attached to his motion,

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instructs him to serve his motion and accompanying papers to: Inspector General of the Department

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of Defense, c/o DOD IG Subpoena Program Manager, 4800 Mark Center Drive, Suite 11H25, West

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Tower, Alexandria, VA 22350-1500.

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Mr. Harper has not filed a certificate of service indicating that he served the Government at

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the address above as required by § 3410(a). Thus, the Court must assume he has not yet done so.

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The Court cannot order the Government to respond to Plaintiff's motion until he has satisfied this

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requirement. See § 3410(b) ("If the court finds that the customer has complied with subsection (a)

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of this section, it shall order the Government authority to file a sworn response."). Accordingly, Mr.

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Harper is directed to serve his motion and accompanying papers on the Government as required

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above, and to file a certificate of service with the Court, no later than Monday, July 23, 2012.

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IT IS SO ORDERED.

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Dated: July 19, 2012

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_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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