United States of America v. Approximately $658,830.00 in U.S. Currency

Cross_claimant: Robert D. Gibson
Cross_defendant: Approximately $658,830.00 in U.S. Currency
Counter_defendant: United States of America and United Parcel Service
Plaintiff: United States of America
Defendant: Approximately $658,830.00 in U.S. Currency
Claimant: Robert D. Gibson
Counter_claimant: Robert D. Gibson
 
Case Number: 2:2011cv00967
Filed: April 11, 2011
 
Court: California Eastern District Court
Office: Sacramento Office
County: Sacramento
Referring Judge: Kendall J. Newman
Presiding Judge: Morrison C. England
 
Nature of Suit: Drug Related Seizure of Property
Cause of Action: 21:881
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:
Date Filed#Document Text
August 6, 2012 101 Opinion or Order of the Court FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/3/12 recommending that this court grant the government's Motion to Strike 77 . F&R referred to Judge Morrison C. England, Jr.. Objections to F&R due within fourteen days. (Kaminski, H)
September 25, 2012 111 Opinion or Order of the Court ORDER signed by Judge Morrison C. England, Jr on 9/24/12 ADOPTING IN FULL 101 Findings and Recommendations; GRANTING 77 Motion to Strike or alternatively for summary judgment; DENYING 104 ; DISMISSING AS MOOT 65 , 68 , 75 , 87 , 91 , 100 , 103 , and 106 . (Meuleman, A) Modified on 9/25/2012 (Meuleman, A).
September 26, 2012 112 Opinion or Order of the Court ORDER signed by Magistrate Judge Kendall J. Newman on 9/25/2012 ORDERING that Mr. Gibson's 109 Motion for appointment of limited copy service aid from Federal Public Defender's Office and 110 Request for Judicial Notice are DENIED AS MOOT. (Zignago, K.) Modified on 9/26/2012 (Zignago, K.).
October 16, 2012 121 Opinion or Order of the Court FINAL JUDGMENT OF FORFEITURE signed by Judge Morrison C. England, Jr. on 10/15/2012. CASE CLOSED. (Zignago, K.)
April 12, 2011 4 Opinion or Order of the Court ORDER signed by Magistrate Judge Craig M. Kellison on 4/12/2011 ORDERING that the Clerk for USDC EDCA, shall issue a Warrant for Arrest of Articles In Rem for the defendant currency. WRIT ISSUED(Reader, L)
July 15, 2011 51 Opinion or Order of the Court ORDER signed by Magistrate Judge Kendall J. Newman on 07/14/11 VACATING Motion Hearing scheduled for 8/4/2011. Reply, if any, to the opposition due by 7/28/2011. (Michel, G)
April 15, 2011 6 Opinion or Order of the Court ORDER FOR PUBLICATION signed by Judge Morrison C. England, Jr. on 04/14/11. (Benson, A.)
October 31, 2011 72 Opinion or Order of the Court ORDER signed by Magistrate Judge Kendall J. Newman on 10/31/11 ORDERING that Plaintiff's 45 motion to strike the claim and answer of claimant Robert D.Gibson is GRANTED in part and DENIED in part. Mr. Gibson's claim and answer are not str icken. Mr. Gibson shall respond to plaintiff's special interrogatories within 21 days of service of this order. The government shall file a status update within 45 days of the date of this order notifying the court whether Mr. Gibson responded t o the interrogatories. The government's obligation to respond to Mr. Gibson's pending discovery requests is STAYED until 21 days after Mr. Gibson serves the government with responses to the government's special interrogatories. Claimant Robert D. Gibson's 18 , 23 , 30 , 37 , 47 , 48 , 52 , and 70 are DENIED without prejudice. Claimant Robert D. Gibson's 49 , 53 , 57 , and 66 motions to suppress are DENIED without prejudice.(Kastilahn, A)
February 7, 2012 81 Opinion or Order of the Court ORDER signed by Magistrate Judge Kendall J. Newman on 2/6/12 PROVISIONALLY GRANTING 78 Motion to Stay. Gibson shall file a written opposition to the motion to stay, or a statement of non-opposition, within 21 days of the entry of this order. Plaint iff may, but is not required to, file a reply brief within 7 days after Gibson files his objection, if any. However, the court may resolve the motion to stay prior to the filing of such a reply brief. The Court shall enter a briefing schedule on the various motions following final resolution of the motion to stay. The Clerk of Court is DIRECTED to serve a copy of this order on the litigation coordinator at Salinas Valley State Prison to ensure timely delivery to prisoner Robert D. Givson, #E-09929. (Meuleman, A)
February 17, 2012 85 Opinion or Order of the Court ORDER signed by Magistrate Judge Kendall J. Newman on 2/16/12 ORDERING that Gibson's deadline to file a written opposition or statement of non-oppositionto plaintiff's motion to stay 78 is hereby extended, and Gibson shall file hisopposit ion or statement of non-opposition to plaintiff's motion to stay by no later than 3/9/12. Plaintiff may, but is not required to, file a reply brief within seven days after Gibson files his objection, if any. However, the court may resolve the m otion to stay prior to the filing of such a reply brief; The court shall enter a briefing schedule on the various other pending motions following final resolution of the motion to stay; The Clerk of Court is directed to serve a copy of this order on the litigation coordinator at Salinas Valley State Prison, P.O. Box 1020, Soledad, CA 93960, to ensure timelydelivery to prisoner Robert D. Gibson, #E-09929. (Becknal, R)
May 24, 2012 92 Opinion or Order of the Court ORDER signed by Magistrate Judge Kendall J. Newman on 5/23/2012 ORDERING Mr. Gibson to file a single Amended Opposition within 21 days, to the 77 Motion to Strike. Plaintiff may file a Reply Brief within 7 days after the Amended Opposition is filed. (Michel, G)
June 25, 2012 96 Opinion or Order of the Court ORDER signed by Magistrate Judge Kendall J. Newman on 6/22/12: Mr. Gibson's motion for relief from default (Dkt. No. 64) is denied. Mr. Gibson's motions to dismiss (Dkt. Nos. 67, 76) are denied without prejudice. Mr. Gibson's Request F or Order On The Court Clerk On Local Rule 230 (Dkt. No. 69) is denied. Mr. Gibson's Amended Motion to Strike Plaintiff's Motion Filed February 4, 2012 For Failure To Timely Serve Claimant (Dkt. No. 83) is denied. Mr. Gibson's Motion t o Enjoin Third Party Counterclaim (Dkt. No. 68), Motion to Suppress (Dkt. No. 75), Request for an Accounting Disclosure of Seized (Red) Funds (Dkt. No. 87), and Motion for "Enjusdem Generis" Interest of 25% APR Pursuant to 5th Amendment Just Compensation Clause (Dkt. No. 91) are stayed pending the resolution of the government's Motion for Summary Judgment (Dkt. No. 77). (Kaminski, H)
June 25, 2012 97 Opinion or Order of the Court ORDER signed by Magistrate Judge Kendall J. Newman on 6/22/12: This court's order (Dkt. No. 94) granting Claimant Robert Gibson's an extension of time until July 10, 2012 to file and serve his single amended opposition is reaffirmed. Plaintiff may, but is not required to, file a reply brief with seven days from the latter of: (1) the date Mr. Gibson files a further amended opposition; or (2) July 10, 2012. (Kaminski, H)

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Cross_claimant: Robert D. Gibson
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Cross_defendant: Approximately $658,830.00 in U.S. Currency
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Counter_defendant: United States of America
Represented By: Kevin Christopher Khasigian
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Counter_defendant: United Parcel Service
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Plaintiff: United States of America
Represented By: Kevin Christopher Khasigian
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Defendant: Approximately $658,830.00 in U.S. Currency
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Claimant: Robert D. Gibson
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Counter_claimant: Robert D. Gibson
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