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United States of America v. Real Property Located At 24545

February 7, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
REAL PROPERTY LOCATED AT 24545 N. SUTTENFIELD ROAD, ACAMPO, CALIFORNIA, SAN JOAQUIN COUNTY,
DEFENDANT.



APN: 021-042-16, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO,

STATUS (PRETRIAL SCHEDULING) ORDER After reviewing plaintiff and claimants William H.

Pearce, Kristin Burckard, and JP Morgan Chase Bank, N.A.'s ("parties") Joint Status Report, the court hereby makes the following findings and orders without needing to consult with the parties any further.

I. SERVICE OF PROCESS The potential claimants have been served and no further service is permitted without leave of court, good cause having been shown under Federal Rule of Civil Procedure 16(b).

II. JOINDER OF PARTIES/AMENDMENTS No further joinder of parties or amendments to pleadings will be permitted except with leave of court, good cause having been shown under Federal Rule of Civil Procedure 16(b). See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 1992).

III. JURISDICTION/VENUE

Jurisdiction is predicated upon 28 U.S.C. § 1345 (action commenced by the United States) and 28 U.S.C. § 1355 (forfeiture). Venue is undisputed and is hereby found to be proper.

IV. DISCOVERY

Pursuant to Federal Rule of Civil Procedure 26(a)(1)(B)(ii), this action is exempt from the initial disclosure requirements because it is "a forfeiture action in rem arising from a federal statute."

The parties shall disclose experts and produce reports in accordance with Federal Rule of Civil Procedure 26(a)(2) by no later than May 1, 2011. With regard to expert testimony intended solely for rebuttal, those experts shall be disclosed and reports produced in accordance with Federal Rule of Civil Procedure 26(a)(2) on or before June 1, 2011. The parties agree that any report prepared by a non-retained expert witness in the course of the underlying criminal investigation will satisfy the requirement of the production of a "report" under Federal Rule of Civil Procedure 26(a)(2)(B).

All discovery, including depositions for preservation of testimony, is left open, save and except that it shall be so conducted as to be completed by July 1, 2011. The word "completed" means that all discovery shall have been conducted so that all depositions have been taken and any disputes relevant to discovery shall have been resolved by appropriate order if necessary and, where discovery has been ordered, the order has been obeyed. All motions to compel discovery must be noticed on the magistrate judge's calendar in accordance with the local rules of this court and so that such motions may be heard (and any resulting orders obeyed) not later than July 1, 2011.

V. MOTION HEARING SCHEDULE

All motions, except motions for continuances, temporary restraining orders, or other emergency applications shall be filed on or before September 2, 2011. All motions shall be noticed for the next available hearing date. Counsel are cautioned to refer to the local rules regarding the requirements for noticing and opposing such motions on the court's regularly scheduled law and motion calendar.

VI. FINAL PRETRIAL CONFERENCE The Final Pretrial Conference is set for November 14, 2011, at 2:00 p.m. in Courtroom No. 5. The conference shall be attended by at least one of the attorneys who will conduct the trial for each of the parties and by any unrepresented parties.

Counsel for all parties are to be fully prepared for trial at the time of the Pretrial Conference, with no matters remaining to be accomplished except production of witnesses for oral testimony. Counsel shall file separate pretrial statements, and are referred to Local Rules 281 and 282 relating to the contents of and time for filing those statements. In addition to those subjects listed in Local Rule 281(b), the parties are to provide the court with: (1) a plain, concise statement which identifies every non-discovery motion ...


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