United States of America v. $22,520 In United States Currency

Filing 18

ORDER requiring further briefing re: 14 MOTION for Default Judgment by the Court as to Approximately $22,520 in United States Currency filed by United States of America. Supplemental Brief due by 4/2/2014. Signed by Judge Kandis A. Westmore on 3/18/2014. April 3, 2014 hearing is vacated. (kawlc1, COURT STAFF) (Filed on 3/18/2014)

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1 2 United States District Court Northern District of California 3 4 5 6 7 8 9 10 UNITED STATES OF AMERICA, Plaintiff, v. APPROXIMATELY $22,520 IN UNITED STATES CURRENCY, Case No.: 13-05107-JSW (KAW) ORDER REQUIRING FURTHER BRIEFING REGARDING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT; ORDER VACATING APRIL 3, 2014 HEARING Defendant. United States District Court Northern District of California 11 12 In this in rem forfeiture action, Plaintiff United States moves for default judgment against 13 Defendant Approximately $22,520 in United States Currency, pursuant to 21 U.S.C. 881(a)(6). 14 The motion for default judgment was referred to the undersigned for report and recommendation. 15 Upon review of the moving papers, the Court seeks further briefing on whether the 16 verification accompanying the complaint is fatally defective under California Code of Civil 17 Procedure sections 446 and 2015.5 for failure to specify the place the declaration was executed 18 within the State of California. (See Verification by Shameka Jackson-Amacker, Compl. at 5.) 19 Verification is a threshold issue, because the Government’s failure to properly verify the 20 complaint deprives the district court of in rem jurisdiction over the subject property. United States 21 v. $84,740.00 U.S. Currency, 900 F.2d 1402, 1405-06 (9th Cir.1990), rev’d on other grounds by 22 Republic Nat'l Bank v. United States, 506 U.S. 80, 89 (1992). “When a party fails to properly 23 verify a complaint, the appropriate procedure is for the district court to dismiss the complaint 24 without prejudice” and to allow the defective verification to be corrected by amendment. United 25 States v. $84,740.00 U.S. Currency, 900 F.2d at 1406 (citing United States v. $38,000.00 Dollars 26 in U.S. Currency, 816 F.2d 1538, 1547-49 (11th Cir. 1987)). 27 28 Accordingly, the April 3, 2014 hearing date on the motion for default judgment is VACATED and the Government shall file its supplemental brief, not to exceed 10 pages, on or 1 before April 2, 2014. Upon review of the supplemental brief, the Court will decide whether a 2 hearing is necessary or if the motion for default judgment may be resolved without oral argument 3 pursuant to Civil L.R. 7-1(b). 4 IT IS SO ORDERED. 5 Dated: March 18, 2014 ___________________________ KANDIS A. WESTMORE United States Magistrate Judge 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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