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

Case 3:08-cv-00074-IEG-NLS

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Filed 04/28/2008

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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 ) ) Plaintiff, ) ) v. ) ) $23,120.00 IN U.S. CURRENCY, ) ) ONE 2007 CHEVROLET AVALANCHE ) TRUCK, CA LICENSE NO. 8E38789, ) VIN 3GNEC12J17G138443, ITS TOOLS ) AND APPURTENANCES, ) ) ONE 2003 AUDI QUATTRO SEDAN, ) CA LICENSE NO. 5LKB440, ) VIN WAULC68E73A197008, ITS TOOLS ) AND APPURTENANCES, ) ) $1,200.00 IN U.S. CURRENCY, ) ) Defendants. ) ____________________________________) UNITED STATES OF AMERICA, Civil No. 08cv0074-IEG(NLS) 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 May 12, 2008. By order of the Court, identity of experts and their expected testimony shall be disclosed by August 13, 2008. Exchange of rebuttal experts shall be completed by August 27, 2008. //

Case 3:08-cv-00074-IEG-NLS

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Filed 04/28/2008

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Discovery will be needed on the subject of the sources and ownership of the seized

currency, and the sufficiency of grounds for the forfeiture. Depositions of necessary parties by claimants will be required to ascertain information regarding the search of and seizure from the residence. The parties expect that this portion of discovery will be concluded by July 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 Claimants Eliseo Jimenez and Melissa Archambault claim a legal interest in the Defendant currency and property as owners. The defense to the forfeiture Claimant will pursue is that the government lacked probable cause for the seizure of the Defendant currency and property, 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: April 28, 2008 Respectfully submitted, KAREN P. HEWITT United States Attorney s/ David M. McNees

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

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07cv1268