§Why CasetextPricing

United States of America v. Ten Parcels of Real Property (Vacant Lots) Located in San Bernardino County, California

NOTICE OF MOTION AND MOTION for Summary Judgment as to Ten Parcels of Real Property

20 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 217,007 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  2. Matsushita Elec. Indus. Co. v. Zenith Radio

    475 U.S. 574 (1986)   Cited 113,479 times   38 Legal Analyses
    Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them

  3. Rand v. Rowland

    154 F.3d 952 (9th Cir. 1998)   Cited 6,580 times
    Holding that the appellant "may well have fared better [with appointed counsel]—particularly in the realms of discovery and the securing of expert testimony—but this is not the test"

  4. Nissan Fire Marine Ins. Co. v. Fritz Co.

    210 F.3d 1099 (9th Cir. 2000)   Cited 4,354 times
    Holding that once the moving party carries its initial burden of production, "the nonmoving parties were obligated to produce evidence in response"

  5. Thompson v. Housing Auth., City of Los Angeles

    782 F.2d 829 (9th Cir. 1986)   Cited 5,632 times
    Holding that in exercising its power to control its own docket, the Court may impose sanctions

  6. F.T.C. v. Medicor Llc.

    217 F. Supp. 2d 1048 (C.D. Cal. 2002)   Cited 75 times
    Finding that even if earnings representations were qualified with the statement "results may vary," consumers could reasonably believe that the statements of earnings potential represented typical or average earnings

  7. U.S. v. Bowdoin

    770 F. Supp. 2d 133 (D.D.C. 2011)   Cited 9 times
    Analyzing the physical health of a defendant's wife under the "special elements" factor

  8. Atlas Copco AB v. Atlascopcoiran.com

    533 F. Supp. 2d 610 (E.D. Va. 2008)   Cited 11 times
    Finding information in WHOIS database to be false

  9. Echo Drain v. Newsted

    307 F. Supp. 2d 1116 (C.D. Cal. 2003)   Cited 15 times
    Concluding that bands that performed under the names "Echo Drain" and "Echobrain" did not provide related services because they played different types of music and played at different types of clubs that catered to different types of customers

  10. United States v. Haleamau

    887 F. Supp. 2d 1051 (D. Haw. 2012)   Cited 5 times

    Crim. No. 10–00567 HG. 2012-08-1 UNITED STATES of America, Plaintiff, v. Brandon C. HALEAMAU, Defendant. Darren W.K. Ching, Jonathan M.F. Loo, Office of the United States Attorney, Honolulu, HI, for Plaintiff. Howard T. Chang, Howard T. Chang Attorney at Law, a Law Corporation, Honolulu, HI, for Defendant. HELEN GILLMOR Darren W.K. Ching, Jonathan M.F. Loo, Office of the United States Attorney, Honolulu, HI, for Plaintiff. Howard T. Chang, Howard T. Chang Attorney at Law, a Law Corporation, Honolulu

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,861 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Rule 36 - Requests for Admission

    Fed. R. Civ. P. 36   Cited 6,125 times   12 Legal Analyses
    Noting that facts admitted pursuant to a Rule 36 discovery request are "conclusively established unless the court, on motion, permits the admission to be withdrawn or amended"

  13. Section 981 - Civil forfeiture

    18 U.S.C. § 981   Cited 3,736 times   33 Legal Analyses
    Adopting 19 U.S.C. § 1602 et seq.

  14. Section 1345 - United States as plaintiff

    28 U.S.C. § 1345   Cited 2,931 times   3 Legal Analyses
    Granting the district courts jurisdiction over "all civil actions, suits or proceedings commenced by the United States"

  15. Section 983 - General rules for civil forfeiture proceedings

    18 U.S.C. § 983   Cited 2,801 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"

  16. Section 5317 - Search and forfeiture of monetary instruments

    31 U.S.C. § 5317   Cited 402 times   4 Legal Analyses
    Granting authority only to the Secretary of the Treasury to apply for a warrant under the statute, to customs officers for searches, and providing for criminal and civil forfeitures

  17. Section 1395 - Fine, penalty or forfeiture

    28 U.S.C. § 1395   Cited 357 times

    (a) A civil proceeding for the recovery of a pecuniary fine, penalty or forfeiture may be prosecuted in the district where it accrues or the defendant is found. (b) A civil proceeding for the forfeiture of property may be prosecuted in any district where such property is found. (c) A civil proceeding for the forfeiture of property seized outside any judicial district may be prosecuted in any district into which the property is brought. (d) A proceeding in admiralty for the enforcement of fines, penalties