United States of America v. $209,815 in United States Currency

Filing 111

Order by Judge Samuel Conti granting 109 motion to extend time for filing an opposition to May 29, 2015, and setting briefing schedule on cross motions for summary judgment. The hearing currently set for June 12, 2015 is vacated, and both motions for summary judgment shall be set for hearing on Friday, June 26, 2015. (sclc2, COURT STAFF) (Filed on 5/28/2015).

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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 District Court

For the Northern District of California

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UNITED STATES OF AMERICA
Plaintiff,

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v.
$209,815 IN UNITED STATES
CURRENCY,
Defendant.

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JULIO FIGUEROA,
Claimant.

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Case No. C 14-0780 SC
ORDER GRANTING MOTION TO EXTEND
TIME AND SETTING BRIEFING
SCHEDULE ON CROSS-MOTIONS FOR
SUMMARY JUDGMENT

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This is a motion by Plaintiff United States of America ("the

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Government") to extend time to file an opposition to Claimant Julio

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Figueroa's summary judgment motion in this civil forfeiture case.

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ECF No. 109 ("Mot.").

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the grounds that the Government lacked probable cause to institute

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forfeiture proceedings.

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opposition deadline to Friday, May 29, to enable it to retain

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expert witnesses and file a cross-motion for summary judgment in

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its own right.

Figueroa's motion seeks summary judgment on

The Government seeks an extension of the

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Figueroa's counsel did not object to the extension of time and

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suggested the Government prepare a stipulation.

However,

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Figueroa's counsel objected when the Government proposed a

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stipulation providing a briefing schedule for cross-motions for

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summary judgment as in United States v. $127,000, No. C 11-06605

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LB, 2012 WL 2917467, at *1 (N.D. Cal. July 17, 2012), which decided

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the same probable cause issue on cross-motions for summary

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judgment.

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file a combined opposition to Figueroa's motion and cross motion on

The proposed stipulation provides for the Government to

United States District Court

For the Northern District of California

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the same issue on or before May 29, with Figueroa to file a

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combined reply to his motion and opposition to the government's

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motion.

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Seven days after Figueroa's combined reply and opposition, the

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government would be permitted to file a reply in support its

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summary judgment motion.

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proposed that the parties simply brief his summary judgment motion

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and stipulate that an adverse ruling on probable cause would

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preclude raising that issue further except on possible appeal.

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See ECF No. 110 ("Opp'n") at Ex. B ("Proposed Stip.").

Id.

Instead, Figueroa's counsel

In the Court's view both proposals have their merits.

First,

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the Government has not explained why Figueroa's proposed

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stipulation would not be sufficient to fully dispose of the

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probable cause issue.

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judgment along the lines of what the Government proposes are common

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both on this issue and other similar issues.

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2012 WL 2917467, at *1; Our Children's Earth Found. v. Nat'l Marine

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Fisheries Serv., No. 14-1130-SC (N.D. Cal.), Dkt. No. 38

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(stipulating to a very similar briefing schedule for cross-motions

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for summary judgment in a Freedom of Information Act case).

Nevertheless, cross-motions for summary

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See, e.g., $127,000,

In the

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Court's experience, however, such cross-motions do not (as

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Figeuroa's counsel suggests) "mudd[y] the legal issue[s]," and

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instead provide a vehicle for the Court to, through consolidated

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briefing and a single order, resolve a potentially dispositive

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legal issue without needing to fully brief a motion and cross-

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motion on that issue.
As a result, the Court finds good cause exists to extend the

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opposition deadline to enable the Government to obtain expert

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testimony and file a cross-motion for summary judgment on the

United States District Court

For the Northern District of California

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probable cause issue.

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extension of time is GRANTED,1 and the Court ORDERS briefing on the

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cross-motions for summary judgment be governed according to the

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following schedule:


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Accordingly, the Government's motion for an

No later than Friday, May 29, 2015, the Government shall

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file a combined opposition to Figueroa's motion and

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cross-motion in a single brief of no more than twenty-

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five (25) pages.


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No later than Friday, June 12, 2015, Figueroa shall file
his combined opposition to the Government's motion and

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The Court notes, however, that Figueroa's counsel is correct that
the Government's motion does not comply with the Local Rules.
Because Civil Local 7-11 (governing administrative motions) only
applies to motions "not otherwise governed by a . . . local
rule . . . ," and Civil Local Rule 6-3 governs motions to change
time (like this), the Government's citations to Civil Local Rule 711 are inapposite. Furthermore, while the Government states its
motion was filed pursuant to Civil Local Rule 6-3, see Mot. at 1,
it did not furnish the required declaration setting forth various
elements for extension of time. See Civ. L.R. 6-3(a)(1)-(6).
Nonetheless, because the Government's submissions set forth the
detail necessary for the Court to evaluate the merits of the
motion, the Court will not deny the extension of time on this
basis. See Linder v. Golden Gate Bridge, Hwy. & Trans. Dist., No.
14-cv-3861 SC, 2015 WL 1778608, at *3 (N.D. Cal. Apr. 17, 2015).

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reply to his motion in a single brief of no more than

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twenty-five (25) pages.

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No later than Friday, June 19, 2015, the Government may

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file a reply of no more fifteen (15) pages limited to the

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issues raised in its cross-motion and contrary arguments

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asserted by Figueroa in opposition to the cross-motion.

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

As a result, the hearing on Figueroa's summary judgment

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motion is VACATED, and instead the motions will both be

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heard on Friday, June 26, 2015 at 10:00 AM in Courtroom

United States District Court

For the Northern District of California

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1, 17th Floor, San Francisco Courthouse.

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IT IS SO ORDERED

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Dated: May 28, 2015
UNITED STATES DISTRICT JUDGE

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