Free Memorandum of Contentions of Fact and Law - District Court of Federal Claims - federal

Case 1:05-cv-00608-ECH

Document 77-3

Filed 12/18/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS FRANCISCO JAVIER RIVERA AGREDANO, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 05-608C (Judge Hewitt)

DEFENDANT'S EXHIBIT LIST Pursuant to the Court's September 14, 2007 Order, and in accordance with Appendix A of the Rules of the United States Court of Federal Claims ("RCFC"), defendant, the United States, respectfully submits its list of trial exhibits. In addition to the exhibits below, we reserve the right to offer into evidence any documents in plaintiffs' exhibit list, to the extent they are not introduced, or are not introduced in full, during plaintiff's direct case. 1. United States Customs and Border Patrol search and seizure forms for the 1987 Nissan Pathfinder (dated January 25, 2001) Disposition order, forfeiture and sale documents for 1987 Nissan Pathfinder (dated August 8, 2001) Disposition order, forfeiture and sale documents for 1987 Nissan Pathfinder (dated September 25, 2001) EG&G Technical Services Forms 4007, 4028, 4039, 4054a, and 4080 for 1987 Nissan Pathfinder (various dates) Forfeiture auction flier and warranty (auction on September 5, 2001) Bidder registration for Francisco Rivera (dated September 5, 2001) Title transfer document for 1987 Nissan Pathfinder (dated September 5, 2001) Report of investigation for 1987 Nissan Pathfinder (dated February 12, 2001) Report of investigation for 1987 Nissan Pathfinder (dated July 3, 2001)

2.

3.

4.

5. 6. 7. 8. 9.

Case 1:05-cv-00608-ECH

Document 77-3

Filed 12/18/2007

Page 2 of 3

10.

Custody Receipts for Retained or Seized Property, concerning 1987 Nissan Pathfinder (dated January 25, 2001)

Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JEANNE E. DAVIDSON Director /s/ Patrica M. McCarthy PATRICIA M. McCARTHY Assistant Director /s/ Devin A. Wolak DEVIN A. WOLAK Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, DC 20530 Tel. (202) 616-0170 Fax. (202) 514-8624 December 18, 2007 Attorneys for Defendant

2

Case 1:05-cv-00608-ECH

Document 77-3

Filed 12/18/2007

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on December 18, 2007, a copy of the foregoing "DEFENDANT'S EXHIBIT LIST" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. The parties may access this filing through the Court's system. Teresa Trucchi, Esq. Suppa, Trucci and Henein, LLP 3055 India Street San Diego, CA 92103

/s/ Devin Wolak