Cactil, LLC v. United States of America

3:24-cv-01270 | California Southern District Court

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Division San Diego
Judge Judge Linda Lopez
Filed July 22, 2024
Magistrate Magistrate Judge Allison H. Goddard
Nature of Suit 890 Statutory Actions - Other
Cause 28:1331dp Fed. Question: Violation of Due Process
Jury Demand None
Last Updated: 1 day, 13 hours ago Show Interactive Timeline
Filing Date # Docket Text
3/19/2025
  • Motion for Summary Judgmentby Π
REPLY to Response to Motion re 42 Cross MOTION for Summary Judgment filed by Cactil, LLC. (Ghose, John) (Entered: 03/19/2025)
3/14/2025
  • Motion
REQUEST FOR JUDICIAL NOTICE by United States of America (Attachments: # 1 Exhibit)(Mellor, Joshua) (bdc). (Entered: 03/14/2025)
3/12/2025
  • Motion for Summary Judgment
RESPONSE to Motion re 42 Cross MOTION for Summary Judgment and Response to Statement of Facts filed by United States of America. (Attachments: # 1 Statement of Facts)(Mellor, Joshua) (bdc). (Entered: 03/12/2025)
2/26/2025
  • Motion for Summary Judgment
REPLY to Response to Motion re 38 MOTION for Summary Judgment filed by United States of America. (Mellor, Joshua) (bdc). (Entered: 02/26/2025)
2/19/2025
  • Motion for Summary Judgment
RESPONSE in Opposition re 38 MOTION for Summary Judgment filed by Cactil, LLC. (Attachments: # 1 Statement of Facts and Response to Statement of Facts)(Ghose, John)(bdc). (Entered: 02/19/2025)
2/19/2025
  • Motion for Summary Judgment
Cross MOTION for Summary Judgment by Cactil, LLC. (Attachments: # 1 Memo of Points and Authorities, # 2 Statement of Facts)(Ghose, John) (bdc). (Entered: 02/19/2025)
2/10/2025
  • Motion to Extend TimeGranted
ORDER Granting Cactil, LLC's Motion to Extend Time to Respond 40 Motion for Extension of Time to File Response/Reply Responses due by 2/19/2025. Signed by Judge Linda Lopez on 2/10/2025. (bdc) (Entered: 02/10/2025)
2/10/2025
  • Motion to Extend Time to File Response
MOTION for Extension of Time to File Response/Reply to United States' Supplemental Motion for Summary Judgment, filed unopposed, by Cactil, LLC. (Kuprovska, Kseniya) (bdc). (Entered: 02/10/2025)
1/29/2025NOTICE of Request for Oral Argument by United States of America re 38 MOTION for Summary Judgment (Mellor, Joshua) (bdc). (Entered: 01/29/2025)
1/29/2025
  • Motion for Summary Judgment
MOTION for Summary Judgment by United States of America. (Attachments: # 1 Statement of Facts)(Mellor, Joshua) (bdc). (Entered: 01/29/2025)
1/15/2025INTERIM ORDER for Supplemental Briefing re Petition. Denying as moot 32 Motion to Strike Document ; Denying as moot 35 Motion for Leave to File; Denying as moot 36 Motion to Strike Document. Signed by Judge Linda Lopez on 1/15/2025. (bdc) (Entered: 01/15/2025)
1/6/2025
  • Motion to Strike
MOTION to Strike Document 35 MOTION for Leave to File Supplemental Notice in Support of its Rule 41(g) Petition by United States of America. (Mellor, Joshua) (bdc). (Entered: 01/06/2025)
12/16/2024
  • Motion to File
MOTION for Leave to File Supplemental Notice in Support of its Rule 41(g) Petition by Cactil, LLC. (Attachments: # 1 Exhibit A - Cactil, LLC's Supplemental Notice in Support of its Rule 41(g) Petition)(Ghose, John) (bdc). (Entered: 12/16/2024)
10/21/2024
  • Reply
REPLY - Other re 33 Response in Opposition to Motion, filed by United States of America. (Mellor, Joshua) (ddf). (Entered: 10/21/2024)
10/8/2024
  • Motion to Strike
RESPONSE in Opposition re 32 MOTION to Strike Document 31 Reply - Other Unauthorized Sur-Reply and, Alternatively, Cactil, LLC's Motion for Leave to File Notice of Supplemental Information filed by Cactil, LLC. (Ghose, John) (ddf). (Entered: 10/08/2024)
10/1/2024
  • Motion to Strike
MOTION to Strike Document 31 Reply - Other Unauthorized Sur-Reply by United States of America. (Mellor, Joshua) (ddf). (Entered: 10/01/2024)
9/27/2024
  • Reply
REPLY - Other re 1 Petition, Notice of Supplemental Information in Support of its Rule 41(g) Petition filed by Cactil, LLC. (Hammerman, Joel) (ddf). (Entered: 09/27/2024)
9/24/2024
  • Motion
MOTION Memorandum in Support of Petition for Return of Property Pursuant to Federal Rule of Criminal Procedure 41(g) re-filed on public docket re 5 Sealed Lodged Proposed Document by Cactil, LLC. (Attachments: # 1 Exhibit A - Seizure Warrant, # 2 Exhibit B - Declaration of John Ghose)(Ghose, John) (ddf). (Entered: 09/24/2024)
9/10/2024
  • Order
ORDER: (1) Denying Without Prejudice Motion To Unseal Warrant Application (ECF No. 3 ); (2) Granting Motion To Unseal Seal Lodged Proposed Documents (ECF No. 10 ); and (3) Denying As Moot Motion To File Documents Under Seal (ECF No. 4 ) [ECF Nos. 3 , 4 , 10 ]. Signed by Magistrate Judge Allison H. Goddard on 9/10/2024. (ddf) (Entered: 09/10/2024)
9/5/2024
  • Reply
REPLY - Other re 1 Petition, in Support of Rule 41(g) Petition filed by Cactil, LLC. (Ghose, John) (ddf). (Entered: 09/05/2024)
9/5/2024
  • Motion
MOTION to Supplement Brief Regarding Petitioner's 3 MOTION to Unseal Document APPLICATION OFFERED IN SUPPORT OF A SEIZURE WARRANT by United States of America. (Mellor, Joshua) (ddf). (Entered: 09/05/2024)
9/5/202426
  • Order
Minute Order by Judge Linda Lopez: On September 5, 2024, chambers received a voicemail from Plaintiff's counsel's office regarding clarification on the page length for its reply brief due today. See ECF No. 24. Because the government's opposition to Plaintiff's Rule 41(g) motion is treated as the equivalent of a Rule 12(b)(6) motion to dismiss, Plaintiff's brief in response to the government is treated as the equivalent of an opposition to a motion. Therefore, Plaintiff's brief must not exceed twenty-five pages in length. S.D. Cal. CivLR 7.1(h). Signed by Judge Linda Lopez on 9/5/24.(fk1) (Entered: 09/05/2024)
9/3/2024
  • Order
ORDER Requiring the United States of America to File Supplemental Brief Regarding Petitioner's 3 MOTION to Unseal Document APPLICATION OFFERED IN SUPPORT OF A SEIZURE WARRANT. Supplemental Brief due by 9/5/2024. Signed by Magistrate Judge Allison H. Goddard on 9/3/2024.(kxm) (Entered: 09/03/2024)
8/26/2024
  • OrderGranted
ORDER Granting Cactil, LLCs Motion For Leave To File Reply In Support Of Rule 41(g) Petition [ECF No. 23 ]. Reply due by 9/5/2024. Signed by Judge Linda Lopez on 08/26/2024. (mjw) (Entered: 08/26/2024)
8/23/2024
  • Motion to File Reply
MOTION for Leave to File a Reply in Support of its Rule 41(g) Motion by Cactil, LLC. (Ghose, John) Motion under submission, no appearances are required unless ordered by the Court.(mjw). (Entered: 08/23/2024)
8/21/2024NOTICE of Lodgment by Cactil, LLC re 21 Reply to Response to Motion, of Corrected Declaration of John S. Ghose (Attachments: # 1 Exhibit A - Corrected Declaration of John S. Ghose)(Ghose, John) (ddf). (Entered: 08/21/2024)
8/19/2024REPLY to Response to Motion re 3 MOTION to Unseal Document APPLICATION OFFERED IN SUPPORT OF A SEIZURE WARRANT, 10 MOTION to Unseal Document 5 Sealed Lodged Proposed Document Petitioner's Motion to Unseal Memorandum and Exhibits (Dkt. 5) filed by Cactil, LLC. (Attachments: # 1 Exhibit A)(Ghose, John) (ddf). (Entered: 08/19/2024)
8/15/2024RESPONSE in Opposition re 3 MOTION to Unseal Document APPLICATION OFFERED IN SUPPORT OF A SEIZURE WARRANT, 10 MOTION to Unseal Document 5 Sealed Lodged Proposed Document Petitioner's Motion to Unseal Memorandum and Exhibits (Dkt. 5) and Petition For Return of Property Pursuant to FRCP 41(G) filed by United States of America. (Mellor, Joshua) (ddf). (Entered: 08/15/2024)
8/15/2024
  • Motion to Appear Pro Hac Vice
ORDER Approving the Pro Hac Vice Application of Kseniya "Nicole" Kuprovska, re 18 Request to Appear Pro Hac Vice (All non-registered users served via U.S. Mail Service)(exs) (Entered: 08/15/2024)
8/14/2024
  • Motion to Appear Pro Hac Vice
Request to Appear Pro Hac Vice ( Filing fee received: $ 224 receipt number ACASDC-19100849.) (Application to be reviewed by Clerk.) (Kuprovska, Kseniya) (exs). (Entered: 08/14/2024)
8/13/2024SUPPLEMENTAL DOCUMENT by Cactil, LLC re 3 MOTION to Unseal Document APPLICATION OFFERED IN SUPPORT OF A SEIZURE WARRANT Memorandum in Support of Motion to Unseal the Application Offered in Support of a Seizure Warrant [ECF No. 3]. (Ayala, Andrew) (ddf). (Entered: 08/13/2024)
8/13/2024
  • Motion to Appear Pro Hac Vice
ORDER Approving the Pro Hac Vice Application of John S. Ghose, re 15 Request to Appear Pro Hac Vice. Signed by Judge Linda Lopez on 8/13/2024.(exs) (Entered: 08/13/2024)
8/13/2024
  • Motion to Appear Pro Hac Vice
Request to Appear Pro Hac Vice ( Filing fee received: $ 224 receipt number ACASDC-19096479.) (Application to be reviewed by Clerk.) (Ghose, John) (exs). (Entered: 08/13/2024)
8/13/2024
  • Motion to Appear Pro Hac Vice
ORDER Approving the Pro Hac Vice Application of Joel M. Hammerman, re 8 Request to Appear Pro Hac Vice. Signed by Judge Linda Lopez on 8/13/2024.(exs) (Entered: 08/13/2024)
8/12/2024
  • Order
ORDER Setting Briefing Schedule On Motions To Unseal [ECF Nos. 3 , 10 ]. Signed by Magistrate Judge Allison H. Goddard on 8/12/2024.(ddf) (Entered: 08/12/2024)
7/30/2024
  • Motion to ExpediteDenied
ORDER Denying Ex Parte Application To Expedite Briefing Schedule [ECF No. 9 ]. Signed by Judge Linda Lopez on 7/30/2024. (ddf) (Entered: 07/30/2024)
7/29/202411
  • Order
MINUTE ORDER OF TRANSFER. Magistrate Judge Michelle M. Pettit is no longer assigned. Case reassigned to Magistrate Judge Allison H. Goddard for all further proceedings. The new case number is 24cv1270-LL-AHG.(no document attached) (jmo) (Entered: 07/29/2024)
7/26/2024 MOTION to Unseal Document 5 Sealed Lodged Proposed Document Petitioner's Motion to Unseal Memorandum and Exhibits (Dkt. 5) by Cactil, LLC. (Ayala, Andrew) (ddf). (Entered: 07/26/2024)
7/26/2024
  • Motion to Expedite
Ex Parte MOTION to Expedite Cactil, LLCs Petition for Return of Property Pursuant to Federal Rule of Criminal Procedure 41(g) and Motion to Unseal the Application Offered in Support of a Seizure Warrant by Cactil, LLC. (Attachments: # 1 Memo of Points and Authorities, # 2 Exhibit A - Declaration of Joel M. Hammerman)(Ayala, Andrew) (ddf). (Entered: 07/26/2024)
7/26/2024
  • Motion to Appear Pro Hac Vice
Request to Appear Pro Hac Vice (Filing fee received: $224.00 receipt number ACASDC-19049955.) (Application to be reviewed by Clerk.) (Hammerman, Joel)(jrd) (Entered: 07/26/2024)
7/25/20247
  • Order
MINUTE ORDER OF TRANSFER. District Judge William Q. Hayes is no longer assigned. Case reassigned to Judge Linda Lopez for all further proceedings. The new case number is 24cv1270-LL-MMP.(no document attached) (ddf) (Entered: 07/25/2024)
7/25/2024NOTICE of Appearance by Joshua Mellor on behalf of United States of America (Mellor, Joshua)Attorney Joshua Mellor added to party United States of America(pty:res) (ddf). (Entered: 07/25/2024)
7/24/2024SEALED LODGED Proposed Document re: 4 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Ayala, Andrew) (Entered: 07/24/2024)
7/24/2024
  • Motion to File Documentby Π
MOTION to File Documents Under Seal (Ayala, Andrew) (Entered: 07/24/2024)
7/24/2024 MOTION to Unseal Document APPLICATION OFFERED IN SUPPORT OF A SEIZURE WARRANT by Cactil, LLC. (Ayala, Andrew) (Entered: 07/24/2024)
7/22/2024Memorandum in Support of: (1) Petition for Return of Property Pursuant Federal Rule of Criminal Procedure 41(G); (2) Motion to Unseal the Application Offered in Support of a Seizure Warrant; and (3) Petition for an Expedited Hearing by Cactil, LLC (jms) (Entered: 07/24/2024)
7/22/2024PETITION for Return of Property against United States of America ( Filing fee $ 405 receipt number ACASDC-19035840.), filed by Cactil, LLC. (Attachments: # 1 Civil Cover Sheet)

The new case number is 3:24-cv-1270-WQH-MMP. Judge William Q. Hayes and Magistrate Judge Michelle M. Pettit are assigned to the case. (Ayala, Andrew)(ggv) (anh). (Entered: 07/23/2024)