United States of America v. 2002 Toyota 4-Runner, VIN JT3HN86R520373938, California License Number 7D09084 et al

Filing 51

ORDER FOR SUPPLEMENTAL BRIEFING FROM THE GOVERNMENT. Accordingly, on or before 4/30/2010, the government shall file supplemental briefing clarifying whether Claimants' counsel was served with the Requests for Admissions and, if counsel was not served, whether the Court should excuse the government's failure to serve Claimants' counsel. Signed by Judge James Ware on 4/28/2010. (ecg, COURT STAFF) (Filed on 4/28/2010)

1 2 3 4 5 6 7 8 9 10 United States of America, v. Plaintiff, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 06-03278 JW ORDER FOR SUPPLEMENTAL BRIEFING FROM THE GOVERNMENT

United United States District Court

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For the Northern District of California

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Approximately $133,021 in Funds Seized From Four Accounts Held in the Name of Pong Lin Liu, et al., Defendants. /

Presently before the Court is the government's Motion for Summary Judgment.1 Upon review, the Court finds that it would benefit from supplemental briefing by the government. In particular, it appears the Requests for Admissions on which the government relies in its Motion were served on Claimants Pong Lin Liu and Lillian Liu, but not Claimants' counsel.2 Federal Rule of Civil Procedure 5(b)(1) provides that: "if a party is represented by an attorney, service . . . must be made on the attorney unless the court orders service on the party." Accordingly, on or before April 30, 2010, the government shall file supplemental briefing clarifying whether Claimants' counsel was served with the Requests for Admissions and, if counsel was not served, whether the Court should excuse the government's failure to serve Claimants' counsel. Dated: April 28, 2010 JAMES WARE United States District Judge

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(Docket Item No. 43.) (See Declaration of David Countryman ¶ 2, Docket Item No. 43.)

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: David Countryman [e-mail] David B. Countryman [e-mail] Kurt Kevin Robinson [e-mail] Dated: April 28, 2010 Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy

United States District Court

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For the Northern District of California

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