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United States of America v. One White Crystal Covered Bad Tour Glove and Other Michael Jackson Memorabilia

REPLY in opposition to motion for summary judgment MOTION for Summary Judgment as to SUMMARY JUDGMENT ON THE LIMITED ISSUE OF PROBABLE CAUSE; OR, IN THE ALTERNATIVE, ORDER FINDING THE GOVERNMENT LACKED PROBABLE CAUSE AT THE TIME IT INSTITUTED THE ACTION FOR FORFEITURE IN REM 78 Supplemental Reply

33 Cited authorities

  1. Foman v. Davis

    371 U.S. 178 (1962)   Cited 28,813 times   4 Legal Analyses
    Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal

  2. Krupski v. Costa Crociere S. P. A.

    560 U.S. 538 (2010)   Cited 1,280 times   2 Legal Analyses
    Holding claim relates back where plaintiff misunderstood which entity was in charge of ship that allegedly caused injury

  3. Eminence Capital, LLC v. Aspeon, Inc.

    316 F.3d 1048 (9th Cir. 2003)   Cited 4,930 times   1 Legal Analyses
    Holding that the district court abused its discretion because "[d]ismissal with prejudice and without leave to amend is not appropriate unless it is clear on de novo review that the complaint could not be saved by amendment"

  4. Ali v. Fed. Bureau of Prisons

    552 U.S. 214 (2008)   Cited 759 times   2 Legal Analyses
    Holding a Bureau of Prisons guard is a "law enforcement officer" under the Federal Tort Claims Act

  5. Eitel v. McCool

    782 F.2d 1470 (9th Cir. 1986)   Cited 4,830 times   2 Legal Analyses
    Holding that "an unqualified oral stipulation of dismissal made in open court satisfies Rule 41, even where no formal stipulation was signed by the parties"

  6. DCD Programs, Ltd. v. Leighton

    833 F.2d 183 (9th Cir. 1987)   Cited 2,918 times
    Holding that district court abused its discretion by denying plaintiffs' motion to file fourth amended complaint

  7. Costello v. United States

    365 U.S. 265 (1961)   Cited 1,002 times   3 Legal Analyses
    Holding a dismissal for failure to file an affidavit of good cause would be "without prejudice" under Fed. R. Civ. P. 41(b) because it was not decided on the merits and referring to the rule as "jurisdictional"

  8. Bates v. United States

    522 U.S. 23 (1997)   Cited 252 times   2 Legal Analyses
    Holding that courts “ordinarily” should “resist reading words or elements into a statute that do not appear on its face.”

  9. Barrera-Montenegro v. U.S.

    74 F.3d 657 (5th Cir. 1996)   Cited 703 times
    Holding that, in ruling on a 12(b) motion, the court may examine evidence outside the pleadings

  10. U.S. v. $191,910.00 in U.S. Currency

    16 F.3d 1051 (9th Cir. 1994)   Cited 227 times   1 Legal Analyses
    Affirming summary judgment in claimant's favor

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 348,310 times   930 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 2461 - Mode of recovery

    28 U.S.C. § 2461   Cited 3,187 times   25 Legal Analyses
    Authorizing criminal forfeiture where civil forfeiture is permitted in connection with a criminal offense

  13. Section 983 - General rules for civil forfeiture proceedings

    18 U.S.C. § 983   Cited 2,802 times   8 Legal Analyses
    Noting that for purposes of the innocent owner defense to civil forfeiture, "no person may assert an ownership interest under this subsection in contraband or other property that it is illegal to possess"

  14. Section 1615 - Burden of proof in forfeiture proceedings

    19 U.S.C. § 1615   Cited 414 times
    Providing that the burden of proof lies on the claimant