United States of America v. Counterfeit Merchandise and Proceeds from Sales of Counterfeit Merchandise, Including: et al

Filing 94

ORDER re 93 MOTION to Take the 01/23/15 Settlement Conference Off Calendar and Proposed Order filed by United States of America. Signed by Judge Kandis A. Westmore on 01/05/2015. (kawlc2S, COURT STAFF) (Filed on 1/5/2015)

1 MELINDA HAAG (CABN 132612)
United States Attorney
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J. DOUGLAS WILSON (DCBN 412811)
3 Chief, Criminal Division
4 PATRICIA J. KENNEY (CABN 130238)
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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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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OAKLAND DIVISION
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UNITED STATES OF AMERICA,

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Plaintiff,
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v.
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DEFENDANT PROCEEDS FROM SALES
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OF COUNTERFEIT MERCHANDISE,
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INCLUDING:
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(1) APPROXIMATELY $3,987 IN U.S.
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CURRENCY FROM A RESIDENCE
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LOCATED AT 558 UNION ST., SAN
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FRANCISCO, CA; AND
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Defendant.
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HUI JIN CHEN
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Claimant.
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No. 10-CV-3054 JSW

ADMINISTRATIVE MOTION TO
TAKE THE JANUARY 23, 2015
SETTLMENT CONFERENCE OFF
CALENDAR OFF CALENDAR AND
[PROPOSED] ORDER

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Because the only claimant in this action is also a fugitive who is being extradited from Canada,

2 the Court set the next case management conference for June 15, 2015. See Case Management Statement
3 of the United States, filed December 4, 2014; Order Continuing Case Management Conference, etc.,
4 filed December 5, 2014. To require the United States to go forward with a Settlement Conference and
5 prepare a Settlement Conference Statement would be unduly burdensome because it is unlikely that
6 claimant will have been extradited from Canada. Fed. R. Civ. P. 1. Accordingly, the United States
7 requests that the Settlement Conference be taken off calendar and rescheduled, if appropriate, at the June
8 15, 2015 case management conference.
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Respectfully submitted,

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MELINDA HAAG
United States Attorney

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12 Dated: December 22, 2014

/s/
PATRICIA J. KENNEY
Assistant United States Attorney

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UPON CONSIDERATION OF THE FOREGOING, and the entire record, it is by the Court on
this 5th_ day of December, 2014,
January 2015.
ORDERED that the administrative motion of the United States be, and hereby, is GRANTED;
and it is further
ORDERED the Settlement Conference scheduled for January 23, 2015 be, and hereby, is taken
off calendar and the Court will reschedule it at the June 15, 2015 case management conference.

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HONORABLE JEFFREY S. WHITE
KANDIS A. WESTMORE
United States District Judge
United States Magistrate Judge

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US ADMIN. MOT. & [PROP.] ORDER
NO. 10-CV-03054 JSW

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