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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

----oo0oo----

UNITED STATES OF AMERICA, 

 NO. CIV. S-04-2404 WBS/JFM

Plaintiff,

v.

APPROXIMATELY $343,041.70 

IN U.S. CURRENCY SEIZED 

FROM BANK OF AMERICA ACCT.

NO. 08162-11343, and

APPROXIMATELY $113,211.76 

IN U.S. CURRENCY SEIZED 

FROM WASHINGTON MUTUAL ACCT.

NO. 009200008721499, 

Defendant.

___________________________

BUN K. SOUNG

SEKARITH BE,

Claimants

___________________________

----oo0oo----

STATUS (PRETRIAL SCHEDULING) ORDER

After reviewing the parties' Joint Status Report, the

court hereby vacates the Status (Pretrial Scheduling) Conference

scheduled for June 20, 2005, and makes the following findings

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and orders without needing to consult with the parties any

further:

I. SERVICE OF PROCESS & NOTICE TO INTERESTED PARTIES

The court issued a warrant of arrest in rem for the

defendant property on November 10, 2004. That warrant was

served on November 16 2004. (See Proof of Service filed

November 17, 2004). 

Notice of the forfeiture was sent to counsel for

claimant Bun K. Soung and Counsel for Sekharith Be and Chun Phic

Lim on November 10, 2004. Potential claimant An Khun was

personally served with notice on November 29, 2004, through his

father Meng Khun, a person of suitable age and discretion. Khun

has not filed a timely claim. The government intends to seek

entry of a Clerk's default and entry of a default judgment

against Khun. 

On December 3, 2004, the United States also published

notice of this action in the Stockton Record. (See Proof of

Publication filed December 20, 2004). 

The above actions having been taken, no further

service is permitted without leave of court, good cause having

been shown under Fed. R. Civ. P. 16(b). 

II. JOINDER OF PARTIES/AMENDMENTS

Except for claimants Bun K. Soung and Sekharith Be, no

other parties have come forward to assert an interest in the

defendant property, and the time for doing so has expired. 

Accordingly, no further joinder of parties or amendments to

pleadings will be permitted except with leave of court, good

cause having been shown under Fed. R. Civ. P. 16(b). See

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Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir.

1992).

III. JURISDICTION/VENUE

Jurisdiction is predicated upon 28 U.S.C. §§ 1345

(United States as plaintiff) and 1355 (fine, penalty or

forfeiture under act of Congress), and 18 U.S.C. §§ 981 and 984

(civil forfeiture), and 31 U.S.C. § 5317(c)(2)(civil

forfeiture). Venue is proper pursuant to 28 U.S.C. § 1395 and

18 U.S.C. § 981(h). 

 IV. DISCOVERY

Each party will serve the initial disclosures required

by Fed. R. Civ. P. 26 (a)(1) by no later than July 11, 2005.

Each party shall disclose experts and produce reports

in accordance with Fed. R. Civ. P. 26(a)(2) by no later than

September 30, 2005.

All discovery is left open, save and except that it

shall be so conducted as to be completed by October 30, 2005. 

The word "completed" means that all discovery shall have been

conducted so that all depositions have been taken and any

disputes relative to discovery shall have been resolved by

appropriate order if necessary and, where discovery has been

ordered, the order has been obeyed. All motions to compel

discovery must be noticed on the magistrate judge's calendar in

accordance with the local rules of this court and so that such

motions may be heard (and any resulting orders obeyed) not later

than October 30, 2005. 

///

///

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V. MOTION HEARING SCHEDULE

All motions, except motions for continuances,

temporary restraining orders or other emergency applications,

shall be filed on or before November 30, 2005. All motions

shall be noticed for the next available hearing date. Counsel

are cautioned to refer to the local rules regarding the

requirements for noticing and opposing such motions on the

court's regularly scheduled law and motion calendar. 

VI. FINAL PRETRIAL CONFERENCE

The Final Pretrial Conference is set for January 17,

2006 at 10:00 a.m. The conference shall be attended by at least

one of the attorneys who will conduct the trial for each of the

parties and by any unrepresented parties. 

Counsel for all parties are to be fully prepared for

trial at the time of the Pretrial Conference, with no matters

remaining to be accomplished except production of witnesses for

oral testimony. Counsel shall file separate pretrial

statements, and are referred to Local Rules 16-281 and 16-282

relating to the contents of and time for filing those

statements. In addition to those subjects listed in Local Rule

16-281(b), the parties are to provide the court with: (1) a

plain, concise statement which identifies every non-discovery

motion which has been tendered to the court, and its resolution;

(2) a list of the remaining claims against the defendant

property; and (3) the estimated number of trial days.

In providing the plain, concise statements of

undisputed facts and disputed factual issues contemplated by

Local Rule 16-281(b)(3)-(4), the parties shall emphasize the

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claims that remain at issue, and any remaining affirmatively

pled defenses thereto. If the case is to be tried to a jury,

the parties shall also prepare a succinct statement of the case,

which is appropriate for the court to read to the jury.

VII. TRIAL SETTING

The trial is set for February 7, 2006, at 9:00 a.m.

VIII. SETTLEMENT CONFERENCE

A Settlement Conference will be set at the time of the

Pretrial Conference.

Counsel are instructed to have a principal with full

settlement authority present at the Settlement Conference or to

be fully authorized to settle the matter on any terms. At least

seven calendar days before the Settlement Conference counsel for

each party shall submit a confidential Settlement Conference

Statement for review by the settlement judge. If the settlement

judge is not the trial judge, the Settlement Conference

Statements shall not be filed and will not otherwise be

disclosed to the trial judge.

DATED: June 16, 2005

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