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United States of America v. Approximately $37

April 28, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
APPROXIMATELY $37,800.00 IN U.S. CURRENCY AND APPROXIMATELY $6,257.00 IN U.S. CURRENCY, DEFENDANTS.



STATUS (PRETRIAL SCHEDULING) ORDER

After reviewing plaintiff and claimant Brandon Scott's ("parties") Joint Status Report, the court hereby vacates the Status (Pretrial Scheduling) Conference scheduled for May 2, 2011, and 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 December 15, 2011. The parties agree that production of an investigative report by any law enforcement agent or employee shall satisfy any disclosure requirements under Rule 26(a)(2) and that Rule 26(b)(4) (trial preparation of experts) shall apply.

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 January 30, 2012. 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 January 30, 2012.

V. MOTION HEARING SCHEDULE

All motions, except motions for continuances, temporary restraining orders, or other emergency applications shall be filed on or before March 12, 2012. 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 ...


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