United States of America v. $22,520 In United States Currency
Filing
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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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United States District Court
Northern District of California
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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
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In this in rem forfeiture action, Plaintiff United States moves for default judgment against
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Defendant Approximately $22,520 in United States Currency, pursuant to 21 U.S.C. 881(a)(6).
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The motion for default judgment was referred to the undersigned for report and recommendation.
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Upon review of the moving papers, the Court seeks further briefing on whether the
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verification accompanying the complaint is fatally defective under California Code of Civil
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Procedure sections 446 and 2015.5 for failure to specify the place the declaration was executed
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within the State of California. (See Verification by Shameka Jackson-Amacker, Compl. at 5.)
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Verification is a threshold issue, because the Government’s failure to properly verify the
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complaint deprives the district court of in rem jurisdiction over the subject property. United States
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v. $84,740.00 U.S. Currency, 900 F.2d 1402, 1405-06 (9th Cir.1990), rev’d on other grounds by
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Republic Nat'l Bank v. United States, 506 U.S. 80, 89 (1992). “When a party fails to properly
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verify a complaint, the appropriate procedure is for the district court to dismiss the complaint
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without prejudice” and to allow the defective verification to be corrected by amendment. United
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States v. $84,740.00 U.S. Currency, 900 F.2d at 1406 (citing United States v. $38,000.00 Dollars
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in U.S. Currency, 816 F.2d 1538, 1547-49 (11th Cir. 1987)).
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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
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before April 2, 2014. Upon review of the supplemental brief, the Court will decide whether a
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hearing is necessary or if the motion for default judgment may be resolved without oral argument
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pursuant to Civil L.R. 7-1(b).
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IT IS SO ORDERED.
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Dated: March 18, 2014
___________________________
KANDIS A. WESTMORE
United States Magistrate Judge
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United States District Court
Northern District of California
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