Free Report of Rule 26(f) Planning Meeting - District Court of California - California

Case 3:08-cv-00509-BTM-NLS

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Filed 06/30/2008

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KAREN P. HEWITT United States Attorney DAVID M. McNEES Special Assistant U.S. Attorney California State Bar No. 216612 Federal Office Building 880 Front Street, Room 6293 San Diego, California 92101-8893 Telephone: (619) 557-5979 E-mail: [email protected] Attorneys for Plaintiff United States of America UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) $19,211.00 IN U.S. CURRENCY, ) ) ONE 2000 MERCEDES BENZ S430, ) CA LICENSE NO. 5WKL002, VIN ) VIN WDBNG70J4YA075758 ITS TOOLS ) AND APPURTENANCES, ) ) Defendants. ) ____________________________________) Civil No. 08cv0509-BTM(POR) JOINT REPORT PURSUANT TO FED. R. CIV. P. RULE 26(f)

Pursuant to Rule 26(f), Federal Rules of Civil Procedure, Counsel for the parties jointly submit the following report. DISCOVERY PLAN 1. By order of the Court, the initial disclosure required by Rule 26(a) shall be provided

by July 14, 2008. By order of the Court, a settlement conference will be held on July 21, 2008, at 4:00 pm. 2. The ENE conference for this case was scheduled for May 30, 2008. Plaintiff's lead

attorney did not receive notice due to a procedural error, and claimant was not present due to another error. Therefore no substantive discussions relating to this case have occurred. Counsel for each side met and discussed the case on June 25, 2008. It was discussed that discovery will be needed on the subject of the sources and ownership of the seized currency, and the sufficiency of

Case 3:08-cv-00509-BTM-NLS

Document 13

Filed 06/30/2008

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grounds for the forfeiture. Discovery and depositions of necessary parties by claimants will be required to ascertain information regarding the search of and seizure from the residence and the seizure of the vehicle. The parties expect that this portion of discovery will be concluded by October 31, 2008. 3. 4. No changes in discovery rules are contemplated, except as noted above. No orders are contemplated pursuant to Rule 26(f)(4). CLAIMS AND DEFENSES Claimant Yessica Hernandez claims a legal interest in the Defendant currency and Defendant vehicle as owner. The defense to the forfeiture Claimant will pursue is that the government lacked probable cause for the seizure of the Defendant currency and vehicle, is unable to meet its burden of proof, and that the search/searches which led to the seizure of the defendant currency were unlawful. NEGOTIATIONS REGARDING SETTLEMENT Counsel for the parties have met and conferred regarding the potential for settlement of the case. There has been very little discussions regarding settlement and the two sides are far apart, but the parties agree that discovery will be necessary. DATED: June 30, 2008. Respectfully submitted, KAREN P. HEWITT United States Attorney s/ David M. McNees

21 22 23 24 25 26 27 28 DATED: June 30, 2008. s/ Richard M. Barnett RICHARD M. BARNETT Attorney for Claimant DAVID M. McNEES Special Assistant U.S. Attorney

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08cv0509