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United States v. Approximately $46

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


January 5, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
APPROXIMATELY $46,500.00 IN U.S. CURRENCY DEFENDANT.

APPLICATION TO ALLOW PLAINTIFF TO DEPOSE CLAIMANT JOHN STEVEN LINDSEY AND ORDER

Plaintiff United States of America respectfully states:

1. The United States seeks to forfeit the above-described assets pursuant to 21 U.S.C. § 881(a)6) on the ground that the currency is the proceeds of drug trafficking.

2. John Steven Lindsey filed a claim to the defendant property alleging he obtained the property from legitimate sources. He also filed an Answer to the Verified Complaint for Forfeiture in which he denied the plaintiff's allegations and raised affirmative defenses.

3. Deposing claimant Lindsey is necessary in this case in order to examine his claim that the defendant currency was not derived from drug trafficking.

4. Claimant Lindsey's birth date is October 4, 1964, and his prison identifier is G60061.

5. Claimant is represented by counsel who will attend the deposition and advise claimant as he deems appropriate.

6. The deposition will be taken on February 9, 2010, commencing at 10:00 a.m. at California State Prison-Solano, 2100 Peabody Road, Vacaville, California 95696. The deposition will be limited to one day of seven hours absent further order of this court.

WHEREFORE, plaintiff requests that the Court issue an order authorizing the plaintiff United States of America to take the deposition of John Steven Lindsey pursuant to Rule 30(a)(2)(B) of the Federal Rules of Civil Procedure.

ORDER

Having considered the foregoing Application and the matters stated therein, IT IS HEREBY ORDERED that, pursuant to Federal Rule of Civil Procedure 30(a)(2)(B), plaintiff United States of America will be permitted to take the deposition of claimant John Steven Lindsey upon oral examination on February 9, 2010, at California State Prison-Solano, 2100 Peabody Road, Vacaville, California 95696, commencing at 10:00 a.m.*fn1 The deposition will be limited to one day of seven hours absent further order of this court.

IT IS SO ORDERED.


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