United States of America v. $608,916.58 in U.S. Currency

Filing 147

STIPULATION AND ORDER 144 Re: Scheduling. Signed by Judge D. Lowell Jensen on 10/30/12. (jg, COURT STAFF) (Filed on 10/30/2012)

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MELINDA HAAG (CSBN 132612)
United States Attorney

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MIRANDA KANE (CSBN 150630)
Chief, Criminal Division

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PATRICIA J. KENNEY (CSBN 130238)
Assistant United States Attorney

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450 Golden Gate Avenue
San Francisco, CA 94102
Telephone: [phone]
Facsimile: 415.436.7234
Email: [e-mail]

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Attorneys for 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 JOSE DIVISION

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UNITED STATES OF AMERICA,

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Plaintiff,
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v.
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THOMAS GROSSI, SR.,
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Defendant.
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UNITED STATES OF AMERICA,
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Plaintiff,
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v.
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$608,916.58 IN U.S. CURRENCY, AS
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SUBSTITUTE RES, FOR REAL PROPERTY )
LOCATED AT 2638 MARKET STREET,
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OAKLAND, CALIFORNIA,
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Defendant.
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No. 04-CR-40127 DLJ
STIPULATION AND ORDER
RE: SCHEDULING

No. 04-CV-03055 DLJ
STIPULATION AND ORDER
RE: SCHEDULING

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The parties agree to the rescheduling of plaintiff’s motion to dismiss the attorney fees motion

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and the pending motion for attorneys fees. The reason for rescheduling is that counsel for claimant

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Grossi and petitioner Weimer have a scheduling problem involving depositions in a different judicial

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district. The parties agree, subject to the Court’s approval, to the following schedule:

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1.

On or before October 25, 2012, the United States shall file its motion to dismiss the

attorneys’ fee motion for lack of jurisdiction;
2.

On or before November 8, 2012, counsel for claimant will file its opposition to the

motion of the United States;

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3.

On or before November 15, 2012, the United States will file its reply;

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4.

On November 29, 2012 at 9:00 a.m. in San Jose Courtroom 7, 4th Floor at 280 South

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First Street, San Jose, CA, the Court will hold a hearing on the fee motion.
5.

If the Court rules against the United States on the jurisdictional issue, the parties shall

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hold an in person meet-and-confer within 20 days of that ruling to determine whether they can

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informally resolve the fee motion. If the fee motion cannot be resolved, then counsel for the United

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States will notice a motion for discovery on a 5-week schedule for determination before the Court

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considers the fee motion. Civ. L. R. 7-2; Fed. R. Crim. P. 32.2(c)(1).
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IT IS SO STIPULATED:

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Dated: October 10, 2012

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MELINDA HAAG
United States Attorney
/s/
PATRICIA J. KENNEY
Assistant United States Attorney
Attorneys for the United States of America

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Dated: October 10, 2012

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LAW OFFICES OF DAVID M. MICHAEL
/s/
DAVID MICHAEL
EDWARD M. BURCH
LAW OFFICES OF DAVID M. MICHAEL
Counsel for Defendant Thomas Grossi, Sr.,
and Claimant/Petitioner Lauretta Weimer

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IT IS SO ORDERED:
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HONORABLE D. LOWELL JENSEN
United States District Judge

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Stip & Order Re: Sched. of US Mot. to Dism.
CR 04-40127 DLJ
CV 04-3055 DLJ
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