United States of America v. Approximately $45,860 in U.S. Currency

Filing 18

ORDER GRANTING re 17 Proposed Order, filed by United States of America to Vacate the Further Case Management Conference in Light of Pending Motion for Default Judgment. Signed by Judge Joseph C. Spero on 2/13/15. (klhS, COURT STAFF) (Filed on 2/13/2015)

1 MELINDA HAAG (CABN 132612)
United States Attorney
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DAVID R. CALLAWAY (CABN 121782)
3 Chief, Criminal Division
4 GREGG W. LOWDER (CABN 107864)
Assistant United States Attorney
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450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
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Telephone: [phone]
Fax: [phone]
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[e-mail]
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Attorneys for Plaintiff United States of America
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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UNITED STATES OF AMERICA,
Plaintiff,

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v.
APPROXIMATELY $45,860 IN
UNITED STATES CURRENCY,

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Defendant.
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CASE NO. CV 14-3801 JCS
UNITED STATES REQUEST TO VACATE
FURTHER CASE MANAGEMENT
CONFERENCE IN LIGHT OF PENDING
MOTION FOR DEFAULT JUDGMENT, AND
[PROPOSED] ORDER

The United States of America, through its undersigned counsel, respectfully requests the

20 Court to vacate the previously scheduled date of Friday, February 20, 2015, for a continued Case
21 Management Conference in light of the government’s recently filed Motion for Default Judgment set for
22 hearing before this Court on March 20, 2015, at 9:30 a.m.
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As discussed with this Court at the initial Case Management Conference on November 19,

24 2014, at this time all potential parties have been properly noticed, all time for filing a claim has long
25 passed, and no party has entered this action by filing a claim or by filing any other process. In fact, the
26 only claimant in the earlier administrative forfeiture process underlying the present judicial action
27 informed the government through counsel that he has actual notice of this judicial action and that he has
28 decided not to file any claim or otherwise enter this action.
U.S. REQUEST TO VACATE CMC & PO
CV 14-3801 JCS

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In light of the absence of any opposing party in this action and the government’s pending Motion

2 for Default Judgment that is expected to be unopposed, the government requests that the further Case
3 Management Conference now scheduled for Friday, February 20, 2015, be vacated, to be reset if
4 necessary following the Court’s consideration of the government’s Motion for Default Judgment.
5 DATED: February 12, 2015

Respectfully submitted,

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MELINDA HAAG
United States Attorney

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/s/ Gregg Lowder
GREGG W. LOWDER
Assistant United States Attorney

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[PROPOSED] ORDER

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FOR GOOD CAUSE APPEARING, the Case Management Conference currently set for

14 February 20, 2015, before this Court is vacated. Scheduling of the Case Management Conference will
15 be addressed as necessary by the Court on March 20, 2015, following hearing on the government’s
16 Motion for Default Judgment.

18 Dated: 2/13/15

R NIA

UNIT
ED

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IT IS SO ORDERED.

RT
U
O

______________________________
JOSEPH C. SPERO seph C. Spero
Judge Jo
United States Magistrate Judge

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H

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RT

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NO

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U.S. REQUEST TO VACATE CMC & PO
CV 14-3801 JCS

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CERTIFICATE OF SERVICE

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The undersigned hereby certifies that he is an employee in the Office of the United States

3 Attorney for the Northern District of California and is a person of such age and discretion to be
4 competent to serve papers. The undersigned further certifies that he caused a copy of:
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$

UNITED STATES REQUEST TO VACATE FURTHER CASE MANAGEMENT
CONFERENCE IN LIGHT OF PENDING MOTION FOR DEFAULT JUDGMENT,
AND [PROPOSED] ORDER

7 to be served this date via U.S. first class mail delivery upon the person(s) below at the place(s) and
8 address(es) which is/are the last known address(es):
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Jacek W. Lentz, Esq.
Law Offices of Jacek W. Lentz
1055 Wilshire Boulevard, Suite 1996
Los Angeles, CA 90017
(Counsel for COOK)

Lorenzo Newell
220 Maple Way
Alameda, CA 94501

Adidas McNair
420 Mangum Court
Fayetteville, NC 28314

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I declare under penalty of perjury under the laws of the United States of America that the

16 foregoing is true and correct to the best of my knowledge.
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Executed this 12th day of February, 2015, at San Francisco, California.

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/S/ Hector Lopez
HECTOR LOPEZ
FSA Paralegal III/Asset Forfeiture Unit

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U.S. REQUEST TO VACATE CMC & PO
CV 14-3801 JCS

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