The opinion of the court was delivered by: John A. Mendez United States District Judge
JOINT STATUS REPORT AND FURTHER PROCEEDINGS AND STIPULATION FOR STAY OF ORDER DATE: N/A TIME: N/A
Pursuant to this Court's Order Requiring Joint Status Report the plaintiff United States of America and claimants Sally Che, Tac Che, Sinh Ngo, and Pao Thao ("Claimants") submit the following report.
Plaintiff contends that the defendant currency is the proceeds of marijuana trafficking and that it is forfeitable to the United States pursuant to 21 U.S.C. § 881(a)(6). Claimants deny these allegations.
B. PROGRESS IN THE SERVICE OF PROCESS:
All known potential claimants to the defendant currency have been served, and the time for filing claims or answers by individuals receiving direct notice of this forfeiture action has expired.
However, it is possible (albeit unlikely) that others may file claims. Publication of the forfeiture on the government's website is now complete, but under Rule G (5)(a)(ii)(B) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions a person who did not receive direct notice of the forfeiture (e.g. by certified mail or personal service), but who sees the notice of forfeiture on the website, can file a claim as late as 60 days after the first day of publication on the government website. The first day of publication in this case was October 20, 2010; accordingly, other potential claimants have until December 20, 2010, to file claims.
C. POSSIBLE JOINDER OF ADDITIONAL PARTIES: Plaintiff and claimants do not anticipate that there will be any additional parties, but it is possible that a person who sees the notice of forfeiture on the government website will file a claim and answer and will become a party.
D. ANY EXPECTED OR DESIRED AMENDMENT OF PLEADINGS:
The parties do not contemplate amending the pleadings.
E. JURISDICTION AND VENUE:
Jurisdiction is based on 28 U.S.C. §§ 1345 and 1355(a). Venue is based on 28 U.S.C. §§ 1355(b) and 1395, and 21 U.S.C. § 881(j).
F. ANTICIPATED MOTIONS AND THE SCHEDULING THEREOF:
Plaintiff intends to file a motion for summary judgment after the completion of discovery.
Claimants do not have discovery yet from plaintiff and have not decided which motions if any, might be appropriate.
The parties are requesting a stay of further proceedings (see below) and therefore suggest that motions ...