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

Filing 27

Order by Hon. Samuel Conti denying 23 Motion to Shorten Time.(sclc2, COURT STAFF) (Filed on 5/13/2014)

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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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Plaintiff,
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United States District Court

For the Northern District of California

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v.
$209,815 IN UNITED STATES
CURRENCY,

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Defendant.

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JULIO FIGUEROA,

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Claimant.

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) Case No. C 14-0780 SC
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) ORDER DENYING MOTION TO SHORTEN
) TIME
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This is a civil forfeiture case.

Now before the Court is

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Plaintiff United States of America's ("Plaintiff") motion to

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shorten the briefing schedule for its motion to compel Claimant

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Julio Figueroa ("Claimant") to provide more extensive answers to

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certain special interrogatories.

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filed its motion to compel on May 9, 2014.

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Responses to that motion are currently due by May 23, and replies

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are due by May 30.

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evidence related to the underlying civil forfeiture claim.

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18 ("MTS").

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are due by May 30, and replies are due by June 6.

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("Stip.").

ECF No. 23 ("Mot.").

Plaintiff

ECF No. 21 ("MTC").

Claimant has also filed a motion to suppress
ECF No.

Per the parties' stipulation, responses to that motion
ECF No. 20

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Plaintiff wants to shorten the briefing schedule for its

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motion to compel so that it can have more time and, potentially,

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more information for responding to Claimant's motion to suppress.

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On Plaintiff's proposed schedule, briefing deadlines on its motion

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to compel would be shortened by roughly two weeks, with responses

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due by May 15 and replies by May 16.

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not inclined to do this, Plaintiff recommends a new briefing

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schedule pegged to the date on which the Court eventually issues

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its ruling on Plaintiff's motion to compel.

Mot. at 1-2.

If the Court is

Id. at 2.

This

United States District Court

For the Northern District of California

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alternative schedule would give Plaintiff fourteen days from that

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date to file its opposition to the motion to compel and its planned

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summary judgment motion.

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Id.

Plaintiff contends that this schedule change is necessary for

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it to have the information from the special interrogatories for use

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in its opposition brief and summary judgment motion.

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Claimant opposes these requests, noting that he has already

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responded to Plaintiff's special interrogatories.

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("Opp'n to MTS") at 2-5.

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unsatisfied with his answers and objections, he believes that his

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responses are legally sufficient.

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should have to proceed with its motion to compel as a duly noticed

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motion and should not be allowed to rush or prioritize its motions

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above Claimant's.

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Id. at 1-2.

ECF No. 25

He states that although Plaintiff is

Id.

He maintains that Plaintiff

Id.

The Court finds that Plaintiff's motion offers no compelling

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factual or legal reasons to shorten the parties' briefing

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schedules, especially since granting the motion at this point would

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give Claimant only a day or two to write a response brief when he

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had previously been allotted about two weeks.

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Cf. Civ. L.R. 6-3

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(motions to shorten time must identify "the substantial harm or

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prejudice that would occur if the Court did not change the time").

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The Court has also considered Plaintiff's reply, ECF No. 26, and

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finds that the issues it raises go toward the substantive issues

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raised in the parties' other motions, not the instant motion to

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shorten time.

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matters in this Order.
Plaintiff's motion is therefore DENIED.

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The Court accordingly declines to address those

The parties are free

to stipulate to new briefing dates if they wish.

The Court makes

United States District Court

For the Northern District of California

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no ruling on either party's legal or evidentiary arguments at this

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time.

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IT IS SO ORDERED.

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Dated: May 13, 2014
UNITED STATES DISTRICT JUDGE

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