Opinion
MELINDA HAAG, United States Attorney, J. DOUGLAS WILSON, Chief, Criminal Division, PATRICIA J. KENNEY, Assistant United States Attorney, San Francisco, California, Attorneys for United States of America.
RESSLER & TESH, ALLEN M. RESSLER, Pro Hac Vice, Attorney for Claimant Brice Barton.
STEINER & LIBO, LEONARD STEINER, Attorney for Claimant Brice Barton.
STIPULATION AND ORDER RE: SCHEDULING
NATHANAEL M. COUSINS, Magistrate Judge.
Following the filing of this civil forfeiture action, claimant Brice Barton filed a motion to dismiss on June 12, 2014 and a claim as owner and possessor of defendant $100,020 on June 13, 2014. Pursuant to Supplemental Rule G(6), the United States served special interrogatories on claimant Barton on June 12, 2014, and responses are due from claimant on July 7, 2014 (which is 21 days following service plus three days for mailing). Supplemental Rule for Admiralty or Maritime Claims and Asset Forfeiture Actions ("Supp. R." or "Supplemental Rule") G(6). Thereafter the United States requested claimant to stipulate to a deferred briefing schedule on the motion to dismiss pursuant to Supplemental Rules G(8)(b) and G(6)(c).
The parties agree, subject to the Court's approval, to the following schedule:
1. Claimant's responses to the special interrogatories of the United States are due to be in the hands of government counsel on or before July 7, 2014 to the United States, and can be transmitted electronically by email.
2. The opposition of the United States to claimant's motion to dismiss shall be filed within 21 days, on or before July 28, 2014.
3. The reply of claimant in support of his motion to dismiss, if any, shall be filed within seven days, on or before August 4.
4. The hearing on the motion to dismiss shall be held on Wednesday, August 27, 2014, at 1:00 p.m.
PURSUANT TO THE FOREGOING STIPULATION, IT IS SO ORDERED ON THIS DAY OF JUNE, 2014.