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

Filing 60

ORDER by Judge Saundra Brown Armstrong DENYING WITHOUT PREJUDICE 52 Motion to Strike (lrc, COURT STAFF) (Filed on 2/5/2010) Modified on 2/8/2010 (jlm, COURT STAFF).

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

Case No: C 08-2458 SBA ORDER DENYING UNITED STATES' MOTION TO STRIKE BRISCO'S CLAIM [Docket 52]

Plaintiff, vs.

9 APPROXIMATELY $73,562 IN UNITED STATES CURRENCY, 10 Defendant. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

This is an in rem action brought by the United States of America ("the Government") against currency in the amount of $73,562, which was seized from the residence of Eugene Brisco ("Brisco") and his wife, Raashida Moore-Brisco ("Moore"), as money furnished or intended to be furnished in exchange for a controlled substance. On January 5, 2010, the Government filed a document styled as "United States Motion to Strike Eugene Brisco's Claim." (Docket 52.) This motion was filed in violation of the Civil Local Rules of this Court. Civil Local Rule 7-2(b) requires that every motion be accompanied by a notice of motion. Among other things, Rule 7-2(b) requires the first paragraph to include "notice of the motion including date and time of hearing," and the second paragraph to include "a concise statement of what relief or Court action the movant seeks[.]" The Government's motion complies with neither of these requirements. As such, Brisco has not received proper notice of the motion. In addition, the Government failed to accompany its motion with a proposed order, as required by Local Rule 7-2(c). Accordingly, IT IS HEREBY ORDERED THAT the United States Motion to Strike Eugene Brisco's Claim is DENIED. Said denial is without prejudice to the United States renewing such motion in a manner that complies with the Local Rules in all respects. Mr. Brisco is advised that under Local Rule 7-3(a), his opposition to such motion, if renewed, is due at least 21 days prior the

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hearing date of the motion, and that the failure to timely file a response will be deemed to be a consent to the granting of such motion. This Order terminates Docket 52. IT IS SO ORDERED. Dated: February 5, 2010 ____________________________________ SAUNDRA BROWN ARMSTRONG United States District Judge

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA USA, Plaintiff, v. ,562 U.S. CURRENCY et al, Defendant. / Case Number: CV08-02458 SBA CERTIFICATE OF SERVICE 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 February 5, 2010, 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.

Eugene Brisco 1434 South Tuxedo Ave. Stockton, CA 95204 Raashida J. Moore-Brisco 1434 South Tuxedo Ave. Stockton, CA 95204 Dated: February 5, 2010

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