United States of America v. Approximately $73,562 in United States Currency

Filing 43

ORDER by Judge Saundra Brown Armstrong GRANTING 42 Motion to Continue Hearing on Motion for Default Judgment. Hearing set for 12/15/09 at 1:00 PM (lrc, COURT STAFF) (Filed on 9/17/2009) Modified on 9/18/2009 (jlm, COURT STAFF).

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney BRIAN J. STRETCH (CSBN 163973) Acting Chief, Criminal Division SUSAN B. GRAY (CSBN 100374) Assistant United States Attorney 450 Golden Gate Avenue, 11th Floor San Francisco, CA 94102 Telephone: [phone] Facsimile: 415.436.7234 Email: [e-mail] Attorneys for United States of America

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) APPROXIMATELY $73,562 IN UNITED ) STATES CURRENCY, ) ) Defendant. ) ) No. 08-2458 SBA United States Exparte Request to Continue United States Motion for Default

The United States, hereby requests that the Motion for Default Judgement, currently set for October 6, 2009, be continued for 30 days or the next available date convenient for the Court. The United States makes this request exparte and on an expedited basis because of counsel's travel schedule to Vietnam, which necessitates counsel's absence from the district for the week during which the United States reply brief is due (September 21-25) and the likelihood that counsel will also be out of the office on October 6, 2009, the date currently scheduled for the hearing. The Assistant United States Attorney assigned this case is scheduled to leave September 18, 2009, for Ho Chi Minh City, Vietnam where she will be an instructor for a Department of

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Justice sponsored seminar. She will be out of the country for the entire week of September 2125, 2009. In addition, she may have to be out of the office the week of October 5-9, 2009, to deal with her elderly parents' health issues. Since the claimant's opposition to the Motion for Default Judgement alleges the Court and counsel for the government conspired to deprive her of her constitutional rights, (see, Claimants Opposition, p.3, lines 18-23) the United States believes the Assistant United States Attorney assigned to the case should file the reply brief and be present for the hearing. The United States, therefore, respectfully requests that the hearing on the Motion for Default Judgement currently scheduled for October 6, at 1:00 p.m. be continued for 30 days or such time as is convenient for the Court. Respectfully submitted, JOSEPH P. RUSSONIELLO United States Attorney Dated: September 15, 2009 /S/ Susan B. Gray SUSAN B. GRAY Assistant United States Attorney

GOOD CAUSE APPEARING, the Motion for Default Judgement currently scheduled for October 6, 2009, at 1:00 p.m. is continued to December 15, 2009, at 1:00 p.m. in courtroom 1, 4th floor. IT IS SO ORDERED. 9/16/09 ____________________________ SAUNDRA B. ARMSTRONG United States District Judge

U.S. CASE MANAGEMENT STATEMENT No. 08-2458 SBA

2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: September 17, 2009 Eugene Brisco 2243 Stern Place Stockton, CA 95206 Raashida J. Moore-Brisco 1946 Country Club #19 Stockton, CA 95204 v. USA, Plaintiff, FOR THE

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV08-02458 SBA CERTIFICATE OF SERVICE

$73,562 U.S. CURRENCY et al, Defendant. /

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on September 17, 2009, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk

U.S. CASE MANAGEMENT STATEMENT No. 08-2458 SBA

3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney BRIAN J. STRETCH (CSBN 163973) Acting Chief, Criminal Division SUSAN B. GRAY (CSBN 100374) Assistant United States Attorney 450 Golden Gate Avenue, 11th Floor San Francisco, CA 94102 Telephone: [phone] Facsimile: 415.436.7234 Email: [e-mail] Attorneys for United States of America

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) APPROXIMATELY $73,562 IN UNITED ) STATES CURRENCY, ) ) Defendant. ) ) No. 08-2458 SBA United States Exparte Request to Continue United States Motion for Default

The United States, hereby requests that the Motion for Default Judgement, currently set for October 6, 2009, be continued for 30 days or the next available date convenient for the Court. The United States makes this request exparte and on an expedited basis because of counsel's travel schedule to Vietnam, which necessitates counsel's absence from the district for the week during which the United States reply brief is due (September 21-25) and the likelihood that counsel will also be out of the office on October 6, 2009, the date currently scheduled for the hearing. The Assistant United States Attorney assigned this case is scheduled to leave September 18, 2009, for Ho Chi Minh City, Vietnam where she will be an instructor for a Department of

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Justice sponsored seminar. She will be out of the country for the entire week of September 2125, 2009. In addition, she may have to be out of the office the week of October 5-9, 2009, to deal with her elderly parents' health issues. Since the claimant's opposition to the Motion for Default Judgement alleges the Court and counsel for the government conspired to deprive her of her constitutional rights, (see, Claimants Opposition, p.3, lines 18-23) the United States believes the Assistant United States Attorney assigned to the case should file the reply brief and be present for the hearing. The United States, therefore, respectfully requests that the hearing on the Motion for Default Judgement currently scheduled for October 6, at 1:00 p.m. be continued for 30 days or such time as is convenient for the Court. Respectfully submitted, JOSEPH P. RUSSONIELLO United States Attorney Dated: September 15, 2009 /S/ Susan B. Gray SUSAN B. GRAY Assistant United States Attorney

GOOD CAUSE APPEARING, the Motion for Default Judgement currently scheduled for October 6, 2009, at 1:00 p.m. is continued to December 15, 2009, at 1:00 p.m. in courtroom 1, 4th floor. IT IS SO ORDERED. 9/16/09 ____________________________ SAUNDRA B. ARMSTRONG United States District Judge

U.S. CASE MANAGEMENT STATEMENT No. 08-2458 SBA

2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: September 17, 2009 Eugene Brisco 2243 Stern Place Stockton, CA 95206 Raashida J. Moore-Brisco 1946 Country Club #19 Stockton, CA 95204 v. USA, Plaintiff, FOR THE

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV08-02458 SBA CERTIFICATE OF SERVICE

$73,562 U.S. CURRENCY et al, Defendant. /

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on September 17, 2009, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk

U.S. CASE MANAGEMENT STATEMENT No. 08-2458 SBA

3