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					CM/ECF - California Central District                                                   Page 1 of 28



  (PLAx), APPEAL, CLOSED, CONSOLTR, DISCOVERY, MANADR, RELATED-G, REOPENED,
                                                                    STAYED


  UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
                    (Western Division - Los Angeles)
           CIVIL DOCKET FOR CASE #: 2:05-cv-03910-ABC -PLA


United States of America v. All Funds In Credit Suisse     Date Filed: 05/27/2005
Private Banking Account No. 0251-844548-6 in the Name of   Date Terminated: 10/13/2009
Alexandria Investment LLC et al                            Jury Demand: Defendant
Assigned to: Judge Audrey B. Collins                       Nature of Suit: 690 Forfeit/Penalty:
Referred to: Magistrate Judge Paul L. Abrams               Other
Lead case: 2:04-cv-02788-ABC-PLA                           Jurisdiction: U.S. Government Plaintiff
Member case: (View Member Case)
Related Case: 2:04-cv-02788-ABC-PLA
Case in other court: 9th CCA, 05-56838
                    9th CCA, 06-56393
Cause: 18:0981 Civil Forfeiture
Plaintiff
United States of America                    represented by John E Lee
                                                           AUSA - Office of US Attorney
                                                           300 North Los Angeles
                                                           Room 7516
                                                           Los Angeles, CA 90012
                                                           213-894-3995
                                                           Email: john.lee2@usdoj.gov
                                                           LEAD ATTORNEY
                                                           ATTORNEY TO BE NOTICED


V.
Defendant
Alexandria Investment LLC                   represented by Eric Honig
All funds in credit suisse private                         Eric Honig Law Offices
banking account No. 0251-844548-6 in                       P O Box 10327
the name of                                                Marina Del Rey, CA 90295
                                                           310-314-2603
                                                           Fax: 310-314-2793
                                                           Email: erichonig@aol.com
                                                           LEAD ATTORNEY
                                                           ATTORNEY TO BE NOTICED

                                                           John Steven Gordon
                                                           Quinn Emanuel Urquhart Oliver and
                                                           Hedges
                                                           865 S Figueroa St, 10th Fl




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                                                          Los Angeles, CA 90017-2543
                                                          213-443-3000
                                                          Email: johngordon@quinnemanuel.com

                                                          TERMINATED: 03/23/2006
                                                          ATTORNEY TO BE NOTICED
Defendant
Erica Mihae Kim                             represented by John Steven Gordon
All funds in credit suisse private                         (See above for address)
banking account No. 0251-922787-3 in                       ATTORNEY TO BE NOTICED
the name of
Defendant
$956,525.06 in Funds Seized
from United Commercial Bank Account
No. 63600084 in the anme of First
Stephora Avenue, Inc
Defendant
$157,329.05 in Funds Seized
from United Commercial Bank Account
No. 63599914 in the name of
Alexandria Investment LLC
Defendant
$174,315.16 in Funds Seized
from Wilshire State Bank Account No.
3219380 in name of Se Young Kim
Defendant
2004 Mercedes Benz CL500
One
Defendant
2002 Mercedes Benz S500
One
Defendant
1999 Ferrari 550 Maranello
One
Defendant
2003 Landrover Range Rover
One
Defendant
2002 Porsche Boxster
One




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Defendant
2002 Toyota Tacoma Pickup Truck
One
Defendant
1999 Porsche Carerra
One
Defendant
Various Miscellaneous Furniture and
Household Items
Claimant
Alexandria Investment LLC                   represented by Eric Honig
                                                           (See above for address)
                                                           LEAD ATTORNEY
                                                           ATTORNEY TO BE NOTICED

                                                          John Steven Gordon
                                                          (See above for address)
                                                          LEAD ATTORNEY
                                                          ATTORNEY TO BE NOTICED

                                                          Eugene T Chen
                                                          Quinn Emanuel Urquhart Oliver &
                                                          Hedges
                                                          865 S Figueroa St, 10th Fl
                                                          Los Angeles, CA 90017-2543
                                                          213-443-3000
                                                          TERMINATED: 03/23/2006
Claimant
Se Young Kim                                represented by Eric Honig
                                                           (See above for address)
                                                           LEAD ATTORNEY
                                                           ATTORNEY TO BE NOTICED

                                                          John Steven Gordon
                                                          (See above for address)
                                                          TERMINATED: 03/23/2006
                                                          LEAD ATTORNEY
                                                          ATTORNEY TO BE NOTICED

                                                          Eugene T Chen
                                                          (See above for address)
                                                          TERMINATED: 03/23/2006
Claimant
Bora Lee                                    represented by Eric Honig




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                                                           (See above for address)
                                                           LEAD ATTORNEY
                                                           ATTORNEY TO BE NOTICED

                                                           John Steven Gordon
                                                           (See above for address)
                                                           TERMINATED: 03/23/2006
                                                           LEAD ATTORNEY
                                                           ATTORNEY TO BE NOTICED

                                                           Eugene T Chen
                                                           (See above for address)
                                                           TERMINATED: 03/23/2006
Claimant
Christopher Kim                             represented by Eric Honig
                                                           (See above for address)
                                                           LEAD ATTORNEY
                                                           ATTORNEY TO BE NOTICED

                                                           John Steven Gordon
                                                           (See above for address)
                                                           TERMINATED: 03/23/2006
                                                           LEAD ATTORNEY
                                                           ATTORNEY TO BE NOTICED

                                                           Eugene T Chen
                                                           (See above for address)
                                                           TERMINATED: 03/23/2006
Claimant
First Sephora                               represented by Eric Honig
                                                           (See above for address)
                                                           LEAD ATTORNEY
                                                           ATTORNEY TO BE NOTICED

                                                           John Steven Gordon
                                                           (See above for address)
                                                           TERMINATED: 03/23/2006
                                                           LEAD ATTORNEY
                                                           ATTORNEY TO BE NOTICED

                                                           Eugene T Chen
                                                           (See above for address)
                                                           TERMINATED: 03/23/2006
Claimant
Erica M Kim                                 represented by Eric Honig
                                                           (See above for address)
                                                           LEAD ATTORNEY




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                                                          ATTORNEY TO BE NOTICED

                                                          John Steven Gordon
                                                          (See above for address)
                                                          TERMINATED: 03/23/2006
                                                          LEAD ATTORNEY
                                                          ATTORNEY TO BE NOTICED

                                                          Eugene T Chen
                                                          (See above for address)
                                                          TERMINATED: 03/23/2006
Claimant
Young Ai Kim                                represented by Eric Honig
                                                           (See above for address)
                                                           LEAD ATTORNEY
                                                           ATTORNEY TO BE NOTICED

                                                          John Steven Gordon
                                                          (See above for address)
                                                          TERMINATED: 03/23/2006
                                                          LEAD ATTORNEY
                                                          ATTORNEY TO BE NOTICED

                                                          Eugene T Chen
                                                          (See above for address)
                                                          TERMINATED: 03/23/2006
Claimant
Optional Capital Inc                        represented by Mary Lee
                                                           Mary Lee Law Offices
                                                           3250 Wilshire Boulevard
                                                           Suite 900
                                                           Los Angeles, CA 90010
                                                           213-383-8339
                                                           Email: leemarylaw@aol.com
                                                           LEAD ATTORNEY
                                                           ATTORNEY TO BE NOTICED

                                                          Ralph Rogari
                                                          Rehm and Rogari
                                                          12121 Wilshire Boulevard
                                                          Suite 600
                                                          Los Angeles, CA 90025
                                                          310-207-0059
                                                          Email: roglaws@yahoo.com
                                                          LEAD ATTORNEY
                                                          ATTORNEY TO BE NOTICED
Claimant




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DAS Corporation                                  represented by Lisa J Yang
                                                                Lim Ruger & Kim LLP
                                                                1055 West 7th Street Suite 2800
                                                                Los Angeles, CA 90017
                                                                213-955-9500
                                                                Fax: 213-955-9511
                                                                Email: lisa.yang@limruger.com
                                                                LEAD ATTORNEY
                                                                ATTORNEY TO BE NOTICED


 Date Filed        #       Docket Text
 05/27/2005            1   COMPLAINT against Defendants 2002 Mercedes Benz S500, 1999 Ferrari
                           550 Maranello, 2003 Landrover Range Rover, 2002 Porsche Boxster, 2002
                           Toyota Tacoma Pickup Truck, 1999 Porsche Carerra, Various Miscellaneous
                           Furniture and Household Items, Alexandria Investment LLC, Erica Mihae
                           Kim, $956,525.06 in Funds Seized, $157,329.05 in Funds Seized,
                           $174,315.16 in Funds Seized, 2004 Mercedes Benz CL500. (No Filing fee
                           required), filed by plaintiff United States of America. (jp, ) (Entered:
                           06/03/2005)
 05/27/2005            2   CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff
                           United States of America. (jp, ) (Entered: 06/03/2005)
 05/27/2005        3       NOTICE TO PARTIES OF ADR PILOT PROGRAM filed.(jp, ) (Entered:
                           06/03/2005)
 05/31/2005            4   NOTICE of Related Case(s) filed by Plaintiff United States of America.
                           Related Case(s): CV 04-2788 ABC (Mcx), CV 04-3386 ABC (Mcx), CV 04-
                           3886 AHM (PLA), CV 05-2857 DSF, CV 05-3155 DSF (FMOx) (rn, )
                           (Entered: 06/06/2005)
 06/14/2005                PREPARED ORDER RE TRANSFER Pursuant to General Order 224
                           (Related Case) by Clerk; related to CV 04-2788 ABC (Mcx). (rn, ) (Entered:
                           06/14/2005)
 06/14/2005            5   PROCESS RECEIPT AND RETURN (USM-285): Return un-executed:
                           Vehicles to do publication. 1 (bp, ) (Entered: 06/16/2005)
 06/14/2005            6   PROCESS RECEIPT AND RETURN (USM-285) of summons and
                           Complaint - (Discovery), Complaint - (Discovery) 1 Seized $956,525.06;
                           $157,329.05; & $174,315.16 in U.S. Currency on 6/8/05. (bp, ) (Entered:
                           06/16/2005)
 06/20/2005        7       ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 224 -Related
                           Case- filed. Related Case No: CV 04-2788 ABC (Mcx). Case transfered from
                           Judge Jeffrey W. Johnson and Ronald S.W. Lew to Judge Audrey B. Collins
                           and James W. McMahon for all further proceedings. The case number will
                           now reflect the initials of the transferee Judge CV 05-3910 ABC
                           (Mcx).Signed by Judge Audrey B. Collins (rn, ) (Entered: 06/20/2005)
 06/28/2005            8   PROCESS RECEIPT AND RETURN (USM-285) of




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                        Complaint/Notice/Warrant 1 . Remarks: 2004 Mercedes Benz, 2002
                        Mercedes Benz, 1999 Ferrari 550 Maranello, 2003 Land Rover Range Rover,
                        2002 Porsche Boxter, 2002 toyota Tacoma and 1999 Porsche Carrera Seized
                        as CV 05-3910 on 6/14/2005. (jp, ) (Entered: 06/29/2005)
 07/06/2005         9   Verified Statement of Interest in Defendant Property filed by Claimant
                        Alexandria Investment, LLC. (gk, ) (Entered: 07/11/2005)
 07/06/2005        10   VERIFIED STATEMENT OF INTEREST In Defendant Property Filed by
                        Claimant Se Young Kim . (yl, ) (Entered: 07/11/2005)
 07/06/2005        11   VERIFIED STATEMENT OF INTEREST IN Defendant Property filed by
                        Claimant Bora Lee . (yl, ) (Entered: 07/11/2005)
 07/06/2005        12   VERIFIED STATMENT OF INTEREST In Defendant Property filed by
                        Claimant Christopher Kim . (yl, ) (Entered: 07/11/2005)
 07/06/2005        13   VERIFIED STATEMENT OF INTEREST In Defendant Property filed by
                        Claimant First Sephora Inc. (yl, ) (Entered: 07/11/2005)
 07/06/2005        14   VERIFIED STATEMENT OF Interest in Defendant Property filed by
                        claimant Erica M Kim . (yl, ) (Entered: 07/12/2005)
 07/06/2005        15   VERIFIED STATEMENT OF Interest filed by Defendant Young Ai Kim .
                        (yl, ) (Entered: 07/12/2005)
 07/06/2005        16   AMENDED PROOF OF SERVICE filed by claimants' Christopher Kim. re
                        Claim (non-maritime) 11 , Claim (non-maritime) 9 , Claim (non-maritime)
                        14 , Claim (non-maritime) 12 , Claim (non-maritime) 10 , Claim (non-
                        maritime) 15 , Claim (non-maritime) 13 , was served on 7/6/05. (bp, )
                        (Entered: 07/13/2005)
 07/19/2005        17   CLAIM by Optional Capital Inc answer due 8/8/2005. Filed by Claimants
                        Optional Capital Inc,. (bp, ) (Entered: 07/20/2005)
 07/19/2005        18   NOTICE of Interested Parties filed by Claimant Optional Capital Inc. (bp, )
                        (Entered: 07/20/2005)
 07/25/2005        19   APPLICATION for Order for staying civil forfeiture proceedings filed by
                        plaintiff United States of America. Lodged lodged proposed order. (bp, )
                        (Entered: 07/29/2005)
 07/25/2005        20   APPLICATION for issuance of an arrest warrant in rem filed by plaintiff
                        United States of America. Lodged lodged proposed order. (bp, ) (Entered:
                        07/29/2005)
 07/25/2005        21   MEMORANDUM of Points and Authorities re: objection to any ex parte or
                        noticed application for seizure warrant or probable cause finding supporting
                        second request to Swiss Central Authority for freeze of claimants' funds 20
                        filed by claimants Alexandria Investment LLC, Alexandria Investment LLC,
                        Se Young Kim, Erica Mihae Kim, Christopher Kim, First Sephora, Erica M
                        Kim. (bp, ) (Entered: 07/29/2005)
 07/26/2005        22   NOTICE of Interested Parties filed by Claimants Alexandria Investment LLC,
                        Se Young Kim, Bora Lee, Christopher Kim, First Sephora, Erica M Kim,




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                        Young Ai Kim. (bp, ) (Entered: 08/02/2005)
 07/26/2005        24   NOTICE OF MOTION AND MOTION to Dismiss pursuant to federal rule of
                        civil procedure 12(b)(6), or in the alternative, for a more definite statement
                        filed by claimants Alexandria Investment LLC, Alexandria Investment LLC,
                        Se Young Kim, Bora Lee, Christopher Kim, First Sephora, Erica M Kim,
                        Young Ai Kim. Motion set for hearing on 8/15/2005 at 10:00 AM before
                        Honorable Audrey B. Collins. Lodged lodged proposed order. (bp, ) (Entered:
                        08/02/2005)
 07/26/2005        25   REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION to
                        Dismiss Case MOTION for More Definite Statement MOTION for More
                        Definite Statement 24 filed by claimants' Alexandria Investment LLC,
                        Alexandria Investment LLC, Se Young Kim, Erica Mihae Kim, Bora Lee,
                        Christopher Kim, First Sephora, Erica M Kim, Young Ai Kim. (bp, )
                        (Entered: 08/02/2005)
 07/27/2005        23   RESPONSE to claimants' objection to application for arrest warrant in rem
                        filed by Plaintiff United States of America 21 (bp, ) (Entered: 08/02/2005)
 08/01/2005        26   STIPULATION AND ORDER that: Claimant's motion to dismiss, currently
                        noticed for hearing on 8/15/05, shall be set for hearing on 8/22/05; The
                        government's application for order staying civil fofeiture proceeding shall be
                        set for hearing on 8/22/05; by Judge Audrey B. Collins 19 , 24 . (bp, )
                        (Entered: 08/04/2005)
 08/02/2005        27   OPPOSITION to APPLICATION for Order for issuance of an arrest warrant
                        in rem 20 filed by claimants' Alexandria Investment LLC, Alexandria
                        Investment LLC, Se Young Kim, Erica Mihae Kim, Bora Lee, Christopher
                        Kim, First Sephora, Erica M Kim, Young Ai Kim. (bp, ) (Entered:
                        08/05/2005)
 08/08/2005        28   ANSWER to Complaint - (Discovery), Complaint - (Discovery) 1 filed by
                        claimant Optional Capital Inc.(bp, ) (Entered: 08/09/2005)
 08/08/2005        29   OPPOSITION to MOTION to Dismiss Case MOTION for More Definite
                        Statement MOTION for More Definite Statement 24 filed by plaintiff United
                        States of America. (bp, ) (Entered: 08/10/2005)
 08/08/2005             WARRANT as to defendant property, to wit : all funds in Credit Suisse
                        Private Banking account no. 0251-844548-6 issued (bp, ) (Entered:
                        08/11/2005)
 08/10/2005        31   STIPULATION AND ORDER that claimant's opposition to the government's
                        application for order staying civil fofeiture proceedings pursuant to 18 U.S.C.
                        981 shall be filed by no later than 8/9/05 by Judge Audrey B. Collins :(bp, )
                        (Entered: 08/12/2005)
 08/10/2005        32   OPPOSITION to APPLICATION for Order for staying civil forfeiture
                        proceedings 19 filed by claimants' Alexandria Investment LLC, Se Young
                        Kim, Erica Mihae Kim, Christopher Kim, First Sephora, Erica M Kim, Young
                        Ai Kim. (bp, ) (Entered: 08/12/2005)
 08/10/2005        33   REPLY to claimants' opposition to APPLICATION for Order for issuance of




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                        an arrest warrant in rem 20 filed by plaintiff United States of America. (bp, )
                        (Entered: 08/12/2005)
 08/11/2005       30    ORDER RE: Conference. this matter is set for a Pretrial/Scheduling
                        Conference on 10/24/05 at 10:00 a.m. by Judge Audrey B. Collins.(bp, )
                        (Entered: 08/11/2005)
 08/12/2005        34   PROCESS RECEIPT AND RETURN (USM-285): Seized various
                        miscellaneous furniture and household items judicially, stored at FBI/Van
                        Nuys Facility. (bp, ) (Entered: 08/16/2005)
 08/15/2005        35   REPLY to opposition to MOTION to Dismiss Case MOTION for More
                        Definite Statement MOTION for More Definite Statement 24 filed by
                        claimants' Alexandria Investment LLC, Alexandria Investment LLC, Se
                        Young Kim, Erica Mihae Kim, Bora Lee, Christopher Kim, First Sephora,
                        Erica M Kim, Young Ai Kim. (bp, ) (Entered: 08/16/2005)
 08/15/2005        36   EX PARTE APPLICATION for Order for sealing declaration in support of
                        stay application filed by plaintiff United States of America. Lodged lodged
                        proposed order. (bp, ) (Entered: 08/17/2005)
 08/15/2005        37   REPLY to opposition to APPLICATION for Order for staying civil forfeiture
                        proceedings 19 filed by plaintiff United States of America. (bp, ) (Entered:
                        08/17/2005)
 08/16/2005        39   ORDER by Judge Audrey B. Collins granting 36 Ex Parte Application for
                        Order for sealing declaration in support of stay application. (jp, ) (Entered:
                        08/22/2005)
 08/16/2005             PLACED IN FILE - NOT USED re Proposed Order granting claimants
                        motion to dismiss pursuant to FRCP 12(b)(6) or in the alternative for a more
                        definite statement pursuant to FRCP 12(e). Lodged 7/26/2005. (jp, ) (Entered:
                        08/22/2005)
 08/17/2005       38    MINUTES: Government's application for order staying civil fofeiture
                        proceedings. Upon considerationof the parties' submissions and the case file,
                        the court hereby DENIES the government's application without prejudice.
                        Judge Audrey B. Collins : Court Reporter: None present. (bp, ) (Entered:
                        08/17/2005)
 08/17/2005             PLACED IN FILE - NOT USED re Proposed Order staying civil forfeiture
                        proceeding pursuant to 18 USC Section 981(g) submitted by plaintiff United
                        States of America. Lodged 7/25/2005. (jp, ) (Entered: 08/22/2005)
 08/22/2005       41    MINUTES: Claimant's motion to dismiss, or for more definite statement. The
                        court will allow further briefing from claimant's. Claimant, Optional Capital's
                        opposition is due 8/31/05; Claimant, Alexandria Investment, et al, and
                        Government responses are due 9/8/05. Matter is continued to 9/19/05, at
                        10:00 a.m. 24 Judge Audrey B. Collins.Court Reporter: Katherine Stride.
                        (bp, ) (Entered: 08/24/2005)
 08/26/2005        42   RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following
                        dates: 8/22/05 Court Reporter: Katherine Stride (mo, ) (Entered: 08/26/2005)




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 08/26/2005        43   TRANSCRIPT filed for proceedings held on 8/22/05. Court Reporter:
                        Katherine Stride. (mo, ) (Entered: 08/26/2005)
 08/31/2005        44   CLAIM by DAS Corporation answer due 9/20/2005. Filed by Claimants DAS
                        Corporation. (bp, ) (Entered: 09/02/2005)
 08/31/2005        45   CERTIFICATION of Interested Parties filed by Claimant DAS Corporation.
                        (bp, ) (Entered: 09/02/2005)
 08/31/2005        46   OPPOSITION to MOTION to Dismiss Case MOTION for More Definite
                        Statement MOTION for More Definite Statement 24 filed by claimant
                        Optional Capital Inc. (bp, ) (Entered: 09/02/2005)
 08/31/2005        47   MEMORANDUM of Point's and Authorities in Opposition to MOTION to
                        Dismiss Case MOTION for More Definite Statement MOTION for More
                        Definite Statement 24 filed by claimant DAS Corporation. (bp, ) (Entered:
                        09/06/2005)
 08/31/2005        48   DECLARATION of Sung Woo Kim in support of opposition to MOTION to
                        Dismiss Case MOTION for More Definite Statement MOTION for More
                        Definite Statement 24 filed by claimant DAS Corporation. (bp, ) (Entered:
                        09/06/2005)
 08/31/2005        49   PROOF OF SERVICE filed by claimant DAS Corporation. re Certificate of
                        Interested Parties 45 , Claim (maritime) 44 , was served on 8/31/05. (bp, )
                        (Entered: 09/06/2005)
 08/31/2005        50   PROOF OF SERVICE filed by claimant DAS Corporation. re Certificate of
                        Interested Parties 45 , Claim (maritime) 44 , was served on 8/31/05. (bp, )
                        (Entered: 09/06/2005)
 08/31/2005        51   EX PARTE APPLICATION for Leave to to file motion to strike affirmative
                        defenses of Optional Capital, Inc., with waiver of local rule 7-3 filed by
                        claimants Alexandria Investment LLC, Se Young Kim, Erica Mihae Kim,
                        Bora Lee, Christopher Kim, First Sephora, Erica M Kim, Young Ai Kim.
                        Lodged proposed order and motion to strike. (bp, ) (Entered: 09/06/2005)
 08/31/2005        52   PROOF OF SERVICE filed by claimants Alexandria Investment LLC, Se
                        Young Kim, Erica Mihae Kim, Bora Lee, Christopher Kim, First Sephora,
                        Erica M Kim, Young Ai Kim. re EX PARTE APPLICATION for Leave to to
                        file motion to strike affirmative defenses of Optional Capital, Inc., with
                        waiver of local rule 7-3 51 , was served on 8/31/05. (bp, ) (Entered:
                        09/07/2005)
 09/06/2005        53   ORDER by Judge Audrey B. Collins : granting 51 Ex Parte Application for
                        Leave to file motion to strike affirmative defenses of Optional Capital (bp, )
                        (Entered: 09/08/2005)
 09/06/2005        54   NOTICE OF MOTION AND MOTION to Strike affirmative defenses of
                        Optical Capital filed by claimants' Alexandria Investment LLC, Se Young
                        Kim, Christopher Kim, First Sephora, Erica M Kim, Young Ai Kim. Motion
                        set for hearing on 10/3/2005 at 10:00 AM before Honorable Audrey B.
                        Collins. (bp, ) (Entered: 09/08/2005)




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 09/07/2005        55   DEMAND for Jury Trial filed by claimant Optional Capital Inc.. (bp, )
                        (Entered: 09/09/2005)
 09/07/2005        58   BRIEF IN REPLY TO MOTION to Dismiss Case MOTION for More
                        Definite Statement MOTION for More Definite Statement 24 filed by
                        claimant Optional Capital Inc. (bp, ) (Entered: 09/13/2005)
 09/08/2005        56   PROCESS RECEIPT AND RETURN (USM-285): Publication dates: August
                        2, 9, 15, 2005 (bp, ) (Entered: 09/13/2005)
 09/08/2005        57   SERVICE OF SUMMONS AND COMPLAINT by Publication was made on
                        8/2/05, 8/9/05 and 8/16/05 Publication was made in the Metropolitan New-
                        Enterprise. (bp, ) (Entered: 09/13/2005)
 09/08/2005        59   OBJECTIONS TO DECLARATION OF SUNG WOO KIM IN SUPPORT
                        OF CLAIMANT DAS CORPORATION'S OPPOSITION TO MOTION to
                        Dismiss Case MOTION for More Definite Statement MOTION for More
                        Definite Statement 24 filed by claimants Se Young Kim, Bora Lee,
                        Christopher Kim, First Sephora, Erica M Kim, Young Ai Kim. (bp, )
                        (Entered: 09/13/2005)
 09/08/2005        60   REQUEST FOR JUDICIAL NOTICE in support of claimant's reply to
                        Optional Captial, Inc.'s and DAS Corporation's opposition to MOTION to
                        Dismiss Case MOTION for More Definite Statement MOTION for More
                        Definite Statement 24 filed by claimants' Optional Capital Inc, DAS
                        Corporation, Se Young Kim, Bora Lee, Christopher Kim, First Sephora, Erica
                        M Kim, Young Ai Kim. (bp, ) (Entered: 09/13/2005)
 09/08/2005        61   REPLY to Optional Capital, Inc.'s and DAS Corporation's oppositions to
                        MOTION to Dismiss Case MOTION for More Definite Statement MOTION
                        for More Definite Statement 24 filed by claimants DAS Corporation,
                        Alexandria Investment LLC, Se Young Kim, Bora Lee, Christopher Kim,
                        First Sephora, Erica M Kim, Young Ai Kim. (bp, ) (Entered: 09/13/2005)
 09/08/2005        62   RESPONSE to the opposition of claimants DAS Corporation and Optional
                        Capital, Inc., to the Kim claimants' MOTION to Dismiss Case MOTION for
                        More Definite Statement MOTION for More Definite Statement 24 filed by
                        plaintiff United States of America. (bp, ) (Entered: 09/13/2005)
 09/14/2005        63   REPLY to claimant Optional Capital, Inc.'s reply to DAS Corporation's
                        opposition to dismiss filed by Claimant DAS Corporation (bp, ) (Entered:
                        09/16/2005)
 09/15/2005        65   OPPOSITION to MOTION to Strike 54 filed by plaintiff United States of
                        America. (bp, ) (Entered: 09/21/2005)
 09/19/2005        67   MINUTES: Continued hearing on claimants' motion to dismiss, or more
                        definite statement. The court takes the motion under submission. Judge
                        Audrey B. Collins : Court Reporter: Katherine Stride. (bp, ) (Entered:
                        09/26/2005)
 09/20/2005       64    ORDER that the Kim claimants' motion to dismsis is DENIED in part and
                        GRANTED in part. To the extent that the Kim claimants challenge the
                        sufficiency of the allegations in the complaint, the motion is DENIED. To the




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                        extent that the Kim claimants challenge the timeliness of the complaint
                        against the May 2004 properties, the motion is GRANTED. Accordingly, the
                        government is ORDERED to deposit the bank accounts listed as numbers one
                        through three listed below with the court so that they can be placed in the
                        court's registry. The government is further ORDERED to retain custody of the
                        automobiles listed as numbers four through nine below in trust. The
                        government may not, however, take any further action to effect the civil
                        forfeiture of the May 2004 properties in connection with the underlying
                        offense. Disposition of the May 2004 properties will be determined at a later
                        date. The granting of the motion extends to the following assets and
                        properties (see document for details) by Judge Audrey B. Collins : granting in
                        part and denying in part 24 Motion to Dismiss Case, granting 24 Motion for
                        More Definite Statement (bp, ) (Entered: 09/20/2005)
 09/20/2005        66   ANSWER to Complaint - (Discovery), Complaint - (Discovery) 1 filed by
                        defendant DAS Corporation.(bp, ) (Entered: 09/22/2005)
 09/20/2005        68   OPPOSITION to MOTION to Strike 54 filed by claimant Optional Capital
                        Inc. (bp, ) (Entered: 09/27/2005)
 09/20/2005       69    STIPULATION AND ORDER that the motion to strike currently set for
                        hearing on 10/3/05, is off calendar by Judge Audrey B. Collins : re MOTION
                        to Strike 54 .(bp, ) (Entered: 09/28/2005)
 09/26/2005       70    MINUTES: The court directs the parties in the above referenced cases to meet
                        and confer and hold a joint settlement conference. Judge Audrey B. Collins :
                        Court Reporter: not reported. (bp, ) (Entered: 09/28/2005)
 09/30/2005        71   ANSWER to Complaint - (Discovery), Complaint - (Discovery) 1 filed by
                        claimant Young Ai Kim.(bp, ) Jury Demand (Entered: 10/04/2005)
 09/30/2005        72   ANSWER to Complaint - (Discovery), Complaint - (Discovery) 1 filed by
                        claimant Se Young Kim.(bp, ) Jury Demand. (Entered: 10/04/2005)
 09/30/2005        73   ANSWER to Complaint - (Discovery), Complaint - (Discovery) 1 filed by
                        claimant Bora Lee. Jury Demand(bp, ) (Entered: 10/04/2005)
 09/30/2005        74   ANSWER to Complaint - (Discovery), 1 filed by claimant Erica M Kim. Jury
                        Demand(bp, ) (Entered: 10/04/2005)
 09/30/2005        75   ANSWER to Complaint - (Discovery), 1 filed by claimant Christopher Kim.
                        Jury Demand(bp, ) (Entered: 10/04/2005)
 09/30/2005        76   ANSWER to Complaint - (Discovery), 1 filed by claimant Alexandria
                        Investment LLC. Jury Demand(bp, ) (Entered: 10/04/2005)
 09/30/2005        77   ANSWER to Complaint - (Discovery), 1 filed by claimant First Sephora.
                        (bp, ) (Entered: 10/04/2005)
 10/03/2005        78   STIPULATION AND ORDER Pursuant to Fed.R.Civ.P.42(a), United States
                        v. 475 Martin Lane, CV04-2788-ABC(Mcx); United States v. 924 N. Beverly
                        Drive, CV04-3386-ABC (Mcx); United States v. All Funds in Credit Suisse
                        Private Banking Account No.0251-844548-6, etc., CV05-3910-ABC(Mcx),
                        shall be consolidated for all further proceedings. The scheduling conference




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                        set for 10/3/05 at 10:00 a.m. in the Beverly Drive case shall be continued to
                        10/24/05 at 10:00 a.m. to coincide with the scheduling conference set on that
                        date for the Martin Lane and Credit Suisse cases by Judge Audrey B. Collins :
                        (bp, ) (Entered: 10/06/2005)
 10/03/2005       79    MINUTES: The court Orders this case is consolidated with CV04-2788,
                        along with CV04-3386. Judge Audrey B. Collins : Court Reporter: not
                        reported. (bp, ) (Entered: 10/07/2005)
 10/13/2005        80   OPPOSITION to the Government's Ex Parte application for order staying
                        order regarding claimants motion to dismiss or in the alternative for more
                        definite statement pending further review filed by Claimants Se Young Kim,
                        Bora Lee, Christopher Kim, First Sephora, Erica M Kim, Young Ai Kim.
                        (pj, ) (Entered: 10/18/2005)
 10/20/2005        81   NOTICE OF MOTION AND MOTION for an Award of Attorney Fees;
                        Memorandum of Points and Authorities; Declarations of John S. Gordon,
                        Eugene T. Chen filed by claimants Alexandria Investment LLC, Se Young
                        Kim, Bora Lee, Christopher Kim, First Sephora, Erica M Kim, Young Ai
                        Kim. Motion set for hearing on 12/19/2005 at 10:00 AM before Honorable
                        Audrey B. Collins. Lodged Proposed Order. (jp, ) (Entered: 10/25/2005)
 10/20/2005        82   DECLARATIONS of JOHN S. GORDON and EUGENE T. CHEN in
                        support of MOTION for an Award of Attorney Fees 81 filed by claimants
                        Alexandria Investment LLC, Se Young Kim, Bora Lee, Christopher Kim,
                        First Sephora, Erica M Kim, Young Ai Kim. (jp, ) (Entered: 10/25/2005)
 10/31/2005             PLACED IN FILE - NOT USED re proposed order granting claimants' notice
                        of motion to strike affirmative defenses submitted by claimants Christopher
                        Kim. (bp, ) (Entered: 11/03/2005)
 11/18/2005       83    NOTICE OF APPEAL to 9th CCA filed by plaintiff United States of
                        America. Appeal of Order on Motion to Dismiss Case, Order on Motion for
                        More Definite Statement 64 Filed On: 9/20/05; Entered On: 9/20/05; Appeal
                        Fee Wavied. cc: John E. Lee, Assistant United States Attorney; Qiunn,
                        Emanuel, Urquhart, Oliver and Hodges; Lim, Ruger and Kim; Rehm and
                        Rogari. (ghap, ) Modified on 11/28/2005 (ghap, ). (Entered: 11/23/2005)
 11/28/2005             Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals
                        re: Appeal to Circuit Court, 83 . (ghap, ) (Entered: 11/28/2005)
 12/15/2005       84    NOTIFICATION by Circuit Court of Appellate Docket Number 05-56838,
                        9th CCA regarding Appeal to Circuit Court, 83 filed by United States of
                        America. (cbr, ) (Entered: 12/15/2005)
 12/19/2005       85    TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates:
                        8/22/05, 9/19/05; Claimant's Motion to Dismiss or For More Defendant
                        Statement; Court Reporter: Katherine Stride; Court of Appeals Case Number:
                        05-56838; Re: Appeal to Circuit Court, 83 . (ghap, ) (Entered: 12/20/2005)
 03/09/2006       86    MANDATE of 9th CCA filed as to Appeal to Circuit Court, 83 , Appeal
                        Number Info from USCA (A-8) 84 , CCA # 05-56838. The appeal is
                        dismissed. Mandate received in this district on 3/13/06. (ghap, ) (Entered:




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                        03/16/2006)
 03/23/2006       87    Substitution of Attorney filed. Substituting attorney Eric Honig for Se Young
                        Kim in place and stead of attorney Eugene T Chen and John Steven Gordon
                        by Judge Audrey B. Collins.(bp, ) (Entered: 03/24/2006)
 03/23/2006       88    Substitution of Attorney filed. Substituting attorney Eric Honig for First
                        Sephora in place and stead of attorney Eugene T Chen and John Steven
                        Gordon by Judge Audrey B. Collins.(bp, ) (Entered: 03/24/2006)
 03/23/2006       89    Substitution of Attorney filed. Substituting attorney Eric Honig for
                        Alexandria Investment LLC in place and stead of attorney Eugene T Chen
                        and John Steven Gordon by Judge Audrey B. Collins.(bp, ) (Entered:
                        03/24/2006)
 03/23/2006       90    Substitution of Attorney filed. Substituting attorney Eric Honig for Young Ai
                        Kim in place and stead of attorney Eugene T Chen and John Steven Gordon
                        by Judge Audrey B. Collins.(bp, ) (Entered: 03/24/2006)
 03/23/2006       91    Substitution of Attorney filed. Substituting attorney Eric Honig for
                        Christopher Kim in place and stead of attorney Eugene T Chen and John
                        Steven Gordon by Judge Audrey B. Collins.(bp, ) (Entered: 03/24/2006)
 03/23/2006       92    Substitution of Attorney filed. Substituting attorney Eric Honig for Bora Lee
                        in place and stead of attorney Eugene T Chen and John Steven Gordon by
                        Judge Audrey B. Collins.(bp, ) (Entered: 03/24/2006)
 03/23/2006       93    Substitution of Attorney filed. Substituting attorney Eric Honig for Erica M
                        Kim in place and stead of attorney Eugene T Chen and John Steven Gordon
                        by Judge Audrey B. Collins.(bp, ) (Entered: 03/24/2006)
 04/28/2006       94    NOTICE OF REASSIGNMENT OF CASE due to Unavailability of Judicial
                        Officer filed. The previously asssigned Magistrate Judge is no longer
                        available. Pursuant to directive of the Chief Magistrate Judge and in
                        accordance with the rules of this Court, the case has been returned to the
                        Clerk for reassignment. This case has been reassigned to Magistrate Judge
                        Paul L. Abrams for discovery. Case number will now read CV 04-3910 ABC
                        (PLAx). (rn, ) (Entered: 04/28/2006)
 05/16/2006        95   RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following
                        dates: 9/19/05 Court Reporter: Katherine Stride (ghap, ) (Entered:
                        05/24/2006)
 05/16/2006        96   TRANSCRIPT filed for proceedings held on 9/19/05. Court Reporter:
                        Katherine Stride. (ghap, ) (Entered: 05/24/2006)
 05/31/2006             PLACED IN FILE - NOT USED re (Proposed) Order submitted by Claimants
                        Alexandria Investment LLC, Se Young Kim, Bora Lee, Christopher Kim,
                        First Sephora, Erica M Kim, Young Ai Kim. (shb, ) (Entered: 06/01/2006)
 06/05/2006        97   EX PARTE APPLICATION for Order for modification of scheduling order
                        to permit Optional's expert's deposition beyond the expert discovery cut-off
                        filed by claimant Optional Capital Inc. Lodged proposed order. (bp, )
                        (Entered: 06/06/2006)




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 06/07/2006       98    IT IS ORDERED THAT: The scheduling order is modified to the extent that
                        the expert discovery cut-off date is extended to permit Optional Capital Inc.'s
                        expert to be deposed beyond the expert discovery cut-off date, which shall
                        take place on or before 6/30/06 in Los Angeles, California by Judge Audrey
                        B. Collins,(bp, ) (Entered: 06/08/2006)
 07/17/2006             FINANCIAL ENTRY: Received $1,288,169.27 into the registry of the Court
                        from Defendant. $956,525.06 in Funds Seized, $174,315.16 in Funds Seized,
                        and $157,329.05 in Funds Seized. (npo, ) (Entered: 07/17/2006)
 08/03/2006             FINANCIAL ENTRY: Received $81,293.85 of interest into the registry of
                        the Court from $956,525.06, $157,329.05 and $174,315.16 in Funds Seized.
                        $81,293.85 received on 08/01/2006. (npo, ) (Entered: 08/03/2006)
 08/10/2006       99    MINUTES: Kim claimant's renwed motion for attorneys' fees. The court
                        hereby VACATES the 8/14/06 hearing date and takes the matter under
                        submission. Judge Audrey B. Collins :Court Reporter: None present. (bp, )
                        (Entered: 08/11/2006)
 08/15/2006      100    MINUTES before Judge Audrey B. Collins: KIM CLAIMANTS EX PARTE
                        APPLICATION for Reconsideration and/or Clarification of Order Granting
                        Plaintiff Motion for Leave to Take Preservation Depositions in the Republic
                        of Korea (In Chambers). Accordingly, the court DENIES the Ex Parte
                        Application for Reconsideration. However, in order to facilitate the resolution
                        of issues relating the depositions, the Court has scheduled a Status
                        Conference for 8/16/2006 at 10:00 AM. Court Reporter: Not Present. (jp)
                        (Entered: 08/17/2006)
 08/16/2006      101    MINUTES IN CHAMBERS before Judge Audrey B. Collins: During the
                        8/16/2006 status conference, the Court ordered that the depositions of the
                        Korean witnesses be videotpaed. The Court also noted the United States
                        Attorney responsbility for ensuring that the facilities in which the deposition
                        will be taken would be appropriate to accommodate the proceedings. The
                        Court now brings to the parties attention that depositions taken under the
                        procedures of the Consular Convention need not be taken at the Embassy or
                        Consulate (see document for further details.) Thus, given the importance of
                        videotaping the testimony in this matter, the Court urges that, should the U.S.
                        Embassy lack the resources to provide for videotaping, the United States
                        Attorney should arrange for the depositions to take place at a facility that can
                        provide for videotaping. Court Reporter: None Present. (jp) (Entered:
                        08/17/2006)
 08/16/2006      102    MINUTES Status Conference held before Judge Audrey B. Collins:
                        Defendant ex parte application ot reconsider is DENIED. The Court will
                        allow counsel from the State Court action to present, but not particpating, at
                        the Korean depositions. The Court ORDERS the Korean deposition taken via
                        videotape. Kim claimant motion for costs and fees is denied. The Government
                        shall attempt to acquire the deposition schedule and include 2 additionally
                        named deponents to the schedule. A further Status Conference is scheduled
                        on 8/23/2006 at 10:00 AM. Court Reporter: Katherine Stride. (jp) (Entered:
                        08/18/2006)




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 09/22/2006      103    NOTICE OF APPEAL to 9th CCA filed by Plaintiff United States of
                        America. Appeal of Order 64 Filed On: 9/20/05; Entered On: 9/20/05;
                        Amended Final Judgment Pursuant to FRCP 54(b)as to May 2004 properties;
                        Order Re: Claimants' Moiton for Order Releasing May 2004 properties.
                        Forms Given: Transcripts Designation Ordering Form; Filing fee $ 455.
                        Government Waived cc: Monica Tait, Office of United States Attorney; Eric
                        Honig, William Mills, Ralph Rogari, Mary Lee, Curtis C. Jung.(lr, ) Modified
                        on 10/3/2006 (lr, ). (Entered: 10/03/2006)
 10/03/2006             Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals;
                        re: Appeal to Circuit Court, 103 (lr, ) (Entered: 10/03/2006)
 10/03/2006      104    TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates:
                        8/22/05, 9/19/05, 7/05/06; Court Reporter: Katherine Stride; Re: Appeal to
                        Circuit Court, 103 (lr, ) (Entered: 10/05/2006)
 10/05/2006      105    CERTIFICATE OF RECORD Transmitted to USCA re Appeal to Circuit
                        Court, 83 filed by United States of America ; Court of Appeals Case Number:
                        05-56838. (lr, ) (Entered: 10/05/2006)
 10/18/2006      106    NOTIFICATION by Circuit Court of Appellate Docket Number 06-56393,
                        9th CCA regarding Appeal to Circuit Court,, 103 filed by United States of
                        America. (lr, ) (Entered: 10/18/2006)
 10/20/2006             Civil Appeals Docketing Statement received from Plaintiff United States of
                        America forwarded to 9th CCA. RE: Appeal to Circuit Court, 103 (lr, )
                        (Entered: 10/20/2006)
 11/17/2006      107    MINUTES: Kim claimants' objection to and motion to strike opposition to
                        Kim claimants' motion for summary judgment filed by claimant optional, and
                        request for sanctions. The motion to strike is DENIED. Judge Audrey B.
                        Collins :Court Reporter: Not present. (bp, ) (Entered: 11/20/2006)
 11/17/2006       108   ORDER from 9th CCA filed as to Appeal to Circuit Court, 103 filed by
                        United States of America, CCA # 06-56393. Order received in this district on
                        11/21/06. The court has determined that this appeal will not be selected for
                        inclusion in the Mediation program. (lr, ) (Entered: 11/27/2006)
 12/04/2006             FAX number for Attorney Eric Honig is 310-314-2793. (bb, ) (Entered:
                        12/08/2006)
 12/04/2006       109   NOTICE of Change of Attorney Information:, changing phone number to
                        310-314-2603 and fax number to 310-314-2793 and email to,
                        erichonig@aol.com. for attorney Eric Honig. Filed by defendants and
                        claimant Alexandria Investment LLC, Alexandria Investment LLC, Se Young
                        Kim, Erica Mihae Kim, Bora Lee, Christopher Kim, First Sephora, Erica M
                        Kim, Young Ai Kim (bb, ) (Entered: 12/08/2006)
 01/26/2007       110   PROCESS RECEIPT AND RETURN (USM-285): Execute Court Order.
                        Returned $956,525.06 and $60,364.43 interest. Returned $157,329.05 and
                        $9,928.73 interest. Returned $174,315.16 and $11,000.69 interest. Returned
                        to clerk, United States District Court. (bp, ) (Entered: 01/30/2007)
 03/13/2007      111    ORDER: The Kim claimants' motion for summary judgment is hereby




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                        GRANTED, and the government's cross-motion is hereby DENIED by Judge
                        Audrey B. Collins,(bp, ) (Entered: 03/14/2007)
 03/13/2007      112    ORDER that all of the defendant currency and vehicles shall be relesed
                        forthwith to the Kim claimants through their counsel of record, Eric Honig,
                        and the government shall record withdrawals of lis pendens on the defendant
                        real properties forthwith, and if the Martin Lane property is in excrow, then
                        the net sale proceeds shall be released to the claimants immediately upon the
                        close of escrow. IT IS FURTHER ORDERED that any ckeck(s) returning the
                        defendant currency shall be made payable to "Law Office of Eric Honig
                        Attorney Client Trust Account by Judge Audrey B. Collins,, (Made JS-6.
                        Case Terminated.)(bp, ) (Entered: 03/21/2007)
 05/02/2007      113    MINUTES OF IN CHAMBERS ORDER held before Judge Audrey B.
                        Collins : The following motions, set for oral argument on 5/7/07: the
                        government's motoin to alter, or for relief from, summary judgment; Optional
                        Capital Inc.'s motion to amend judgment; DAS Corporation's motion for stay
                        of execution of judgment; and the Kim claimant's request for court to
                        determine Res Judicata/Collateral Estoppel Effect as to May 2004 properties.
                        The court hereby VACATES the 5/7/07 hearings and takes these matters
                        under submission.Court Reporter: None present. (bp, ) (Entered: 05/03/2007)
 05/22/2007      114    MINUTES OF IN CHAMBERS ORDER held before Judge Audrey B.
                        Collins : Government's motion to alter, or for relief from, summary judgment.
                        The motion is DENIED.Court Reporter: None present. (bp, ) (Entered:
                        05/23/2007)
 05/22/2007      115    MINUTES OF IN CHAMBERS ORDER held before Judge Audrey B.
                        Collins : The court GRANTS DAS's motion and hereby STAYS the
                        execution of the judgment pending appeal. The parties are to notify the court
                        of within ten (10) days of the Ninth Circuit's determination of the
                        appeal.Court Reporter: Not present. (bp, ) (Entered: 05/23/2007)
 05/22/2007      116    MINUTES OF IN CHAMBERS ORDER held before Judge Audrey B.
                        Collins : Kim Claimants' request for court to determine Res
                        Judicata/Collateral Estoppel Effect. The Kim claimant's request is
                        DENIED.Court Reporter: Not present. (bp, ) (Entered: 05/23/2007)
 05/22/2007      117    MINUTES OF IN CHAMBERS ORDER held before Judge Audrey B.
                        Collins : Optional's Motion to Amend Judgment. Optional's motion to amend
                        judgment is DENIED.Court Reporter: None present. (bp, ) (Entered:
                        05/23/2007)
 07/03/2007       118   ORDER from 9th CCA filed, CCA # 07-55390, 07-55424, 07-55872. The
                        court sua sponte consolidates these appeals. Appeal Nos. 07-55390, 07-
                        55424, and 07-55872 are consolidated. The following briefing schedule shall
                        govern these consolidatecd appeals: The consolidated opening brief and
                        excerpts of record are due 10/25/07; the consolidated answering brief is due
                        11/26/07; and the consolidated otpional reply brief is due within 14 days after
                        service of the consolidated answering brief. All parties on a side are
                        encouraged to join in a single brief to the greatest extent practicable. Order
                        received in this district on 7/5/07. (car) (Entered: 07/05/2007)




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 07/09/2007       119   ORDER from 9th CCA filed, CCA # 07-55653. Appellee's motion for a one-
                        week extension of time to file an opposition to appellant's emergency motion
                        for stay of execution of attorneys' fees award pending appeal is granted.
                        Counsel for appellees has represented to this court that appellees will delay
                        seeking to enforce the district court's order awarding fees to appellees for at
                        least one week after appellees file their opposition with the court or after the
                        government files a reply, whichever is later. Appellees' opposition is due
                        7/16/07. Appellant's optional reply is due 7/18/07. the briefing schedule
                        established previously shall remain in effect.Order received in this district on
                        7/11/07. (car) (Entered: 07/11/2007)
 08/15/2007       120   ORDER from 9th CCA filed as to Appeal to 9th Circuit Court of Appeals,
                        103 filed by United States of America, CCA # 06-55390, 07-55424, 07-
                        55714, 07-55872. Claimants-Appellee's motion to consolidate briefing
                        schedule is granted. The following briefing schedule shall govern these
                        consolidated appeals: The briefing schedule has been set. All parties on a side
                        are encouraged to join in a single brief to the greatest extent practicable.Order
                        received in this district on 8/17/07. (car) Modified on 8/17/2007 (car, ).
                        (Entered: 08/17/2007)
 10/03/2007       121   PROCESS RECEIPT AND RETURN (USM-285): Substitute Res on 8/15/07;
                        Remarks: Deposited $34,000.00 in lieu of 2003 Land Range Rover on 8/2/07
                        (ir) (Entered: 10/04/2007)
 03/19/2008      122    Joint Amended Judgment Re Award of Attorney's Fees by Judge Audrey B.
                        Collins. Based on the parties stipulation, the court hereby amends its February
                        12, 2008 Order Re: Kim Claimants Motion for Attorneys Fees and Costs
                        (February 12, 2008 Order) as follows: The amount of the award is hereby
                        adjusted as follows: (A) The award is reduced by $57,424.82 for the reasons
                        stated in the parties Stipulation Regarding Deduction of Amount of Attorneys
                        Fees Billed by Quinn Emanuel Relating to Bivens/injunctive Relief Action,
                        filed March 13, 2008;(B) After making the above reduction, the award is
                        increased by $110,575.00 based on the entries preceded by the letter F
                        (indicating forfeiture) on the billing statement for the period April 16, 2007 to
                        February 15, 2008 attached hereto as Exhibit A; and (C) The award is further
                        increased by $5,000.00 based on the entries preceded by the letter F on the
                        billing statement for the period February 16, 2008 to March 13, 2008 attached
                        hereto as Exhibit B. Therefore, the adjusted award is $1,172,137.90. The U.S.
                        shall pay this amount within 30 days of the issuance of a mandate by the
                        Ninth Circuit Court of Appeals affirming this courts summary judgment in
                        C.A. No. 07-55390, (SEE ATTACHED ORDER FOR FURTHER DETAILS)
                        (es) (Entered: 03/24/2008)
 03/26/2008      123    JOINT AMENDED JUDGMET RE AWARD OF ATTORNEYS FEES;
                        EXHIBITS A AND B by Judge Audrey B. Collins, re Judgment, 122 (es)
                        (Entered: 04/02/2008)
 04/25/2008      124    NOTICE OF LIEN filed by Claimant Optional Capital Inc. (Rogari, Ralph)
                        (Entered: 04/25/2008)
 10/16/2008      125    MINUTES: STATUS CONFERENCE FOLLOWING RESOLUTION OF
                        APPEALS (In Chambers); On October 3, 2008, the Ninth Circuit issued two




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                        decisions resolving the appeals pending in the above-referenced related cases.
                        In brief, the Ninth Circuit AFFIRMED this Courts dismissal of the
                        Governments civil forfeiture complaint and its May 17, 2007 grant of
                        summary judgment in favor of the Kim Claimants, and REVERSED AND
                        REMANDED this Courts July 19, 2006 order dismissingthe May 2004
                        properties from one of the complaints. See Ninth Circuit Case Nos. 07-55390
                        and 06-56158, respectively. The Court hereby SETS a status conference for
                        Monday, November 24, 2008, at 10:00 a.m. to discuss moving the case
                        forward. In preparation for the status conference, the parties are ORDERED
                        to review the Ninth Circuits decisions and to file a Joint Status report setting
                        forth their respective positions regarding outstanding issues no later than
                        Monday, November 17, 2008 IT IS SO ORDERED by Judge Audrey B.
                        Collins. (Case reopened. MD JS-5.) (ir) (Entered: 10/16/2008)
 11/24/2008      126    MINUTES OF Status Conference held before Judge Audrey B. Collins:
                        Matter called. Counsel state their appearances. Court and counsel confer
                        regarding counsel appearing telephonically, the Court having heard from
                        counsel, continues the above matter to November 25, 2008 at 10:00 a.m. All
                        counsel are ordered to appear at date and time specified. Court Reporter:
                        Katherine Stride. (bm) (Entered: 11/25/2008)
 11/25/2008      127    AMENDED MANDATE of 9th CCA filed re: 9th Circuit Court of Appeals,
                        CCA #06-56158, 06-56168, 06-56393, 07-55653. The Judgment of the
                        district court is Affirmed in part, Reversed in part, Remanded. Mandate
                        received in this district on 11/25/08. (car) (Entered: 12/02/2008)
 11/25/2008      128    MANDATE of 9th CCA filed re: 9th Circuit Court of Appeals, 376 , CCA #
                        07-55390, 07-55424, 07-55872, 07-55714. The Judgment of the district court
                        is Affirmed. Mandate received in this district on 11/25/08. (car) (Entered:
                        12/02/2008)
 01/13/2009      129    MINUTES (IN CHAMBERS) by Judge Audrey B. Collins: Proceedings:
                        Hearing on Pending Motions. The Court herey VACATES the February 2,
                        2009 hearings for the motions filed by Kim Claimants: Motion to Dismiss,
                        Motion for Summary Judgment. The Motion for Recusal was transferred to
                        Judge Klausner. The Court will reset the hearings, if necessary, after Judge
                        Klausner decides the recusal motion. (mg) (Entered: 01/13/2009)
 02/05/2009      130    MINUTES OF IN CHAMBERS ORDER before Judge R. Gary Klausner:
                        Order Re Motion to Disqualify (DE 515), the Court denies Claimants request.
                        (sce) (Entered: 02/06/2009)
 05/27/2009      131    MINUTES (IN CHAMBERS) ORDER RE: HEARING ON PENDING
                        MOTIONS by Judge Audrey B. Collins: Currently pending before the Court
                        are a variety of motions scheduled for hearing on June 22, 2009. (See Docket
                        # 575). As a result of conflicting duties required of the Chief Judge, the Court
                        hereby CONTINUES that hearing date to Monday, September 21, 2009, at
                        10:00 a.m. Also pending before the Court is an ex parte application filed by
                        the Christopher Kim, Erica M. Kim, Bora Lee, Young Ai Kim, Se Young
                        Kim, Alexandria Investment, LLC and First Stephora Avenue, Inc. ("the Kim
                        Claimants"). (Docket # 580). That application seeks relief from the 20-day
                        waiting period required by Local Rule 7-3 such that the Kim Claimants can




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                        raise an additional issue at the June 22, 2009 hearing. In light of the
                        continuance of that hearing date, the ex parte application is DENIED as moot.
                        The Kim Claimants stated that they would strike the previously filed Notice
                        of Payment of Kim Claimants' Appeal Costs (Docket # 578) if the ex parte
                        application was granted. Given this Order providing equivalent relief, the
                        Court hereby STRIKES Docket # 578. Optional Capital Inc. ("Optional")
                        filed a request to strike the Notice of Payment and for attorneys' fees to be
                        imposed as a sanction. (Docket # 579). The Court hereby DENIES as moot
                        the request that the document be stricken. Because the request for sanctions is
                        based in part on whether the new argument raised by the Kim Claimants is
                        frivolous, the Court defers ruling on the request for attorneys' fees. The Court
                        already has before it voluminous filings by the parties and anticipates that the
                        parties should not need to file any additional papers in relation to the matters
                        to be heard on September 21, 2009. To the extent that the parties intend to file
                        such motions (including the motion proposed by the Kim Claimants), they
                        must be filed no later than August 3, 2009, with opposition papers due August
                        10, 2009 and replies due August 17, 2009. Lastly, the Kim Claimants filed a
                        motion for an order recognizing the priority of Eric Honig's liens filed against
                        the property of the Kim Claimants over the liens filed by the Internal Revenue
                        Service. (Docket # 584). The Court does not understand that motion to require
                        a determination prior to the Court's determination of the matters scheduled for
                        hearing on September 21, 2009. Accordingly, the Court CONTINUES the
                        hearing date of that motion from June 15, 2009 to September 21, 2009 at
                        10:00 a.m. The Government's opposition to that motion is due June 8, 2009.
                        The Kim Claimants' reply is due June 15, 2009. (see document for further
                        details) (bm) (Entered: 05/28/2009)
 09/08/2009      132    PROCESS RECEIPT AND RETURN (USM-285) returned executed, Close
                        File/Close Assets, upon Various Miscellaneous Furniture and Household
                        Items on 8/17/09. Remarks: Per instruction the USMS will continue to keep
                        custody of property pending in rem litigation involving. (bm) (Entered:
                        09/08/2009)
 09/21/2009      133    MINUTES OF KIM CLAIMANTS' MOTION TO DIMISS SUMMARY
                        JUDGMENT PROPERTIES AND TO VACATE STAY, AND ENFORCE
                        FINAL JUDGMENT, BASED ON LAW OF THE CASE; KIM
                        CLAIMANTS' MOTION FOR SUMMARY JUDGMENT BASED ON RES
                        JUDICATA AND COLLATERAL ESTOPPEL; CLAIMANTS' MOTION
                        TO DISQUALIFY JUDGE COLLINS; CLAIMANT, OPTIONAL
                        CAPTIAL'S MOTION TO DISMISS SUMMARY JUDGMENT;
                        CLAIMANTS' MOTION FOR ORDER RECOGNIZING PRIORITY OF
                        LIENS; KIM CLAIMANTS' MOTION FOR COURT TO CONSIDER
                        RECENT EVIDENCE OF PAYMENT OF KIM CLAIMANTS' APPEAL
                        COSTS BY DAS, OPTIONAL AND GOVERNMENT PURSUANT TO
                        MANDATE IN ca NOS 07-55390, 07-55424, AND 07-55872, FOR
                        PURPOSED OF KIM CLAIMANTS' PENDING MOTIONS Motion Hearing
                        held before Judge Audrey B. Collins: Matter called. Court distributes
                        tentative ruling in open Court. Court and counsel confer regarding tentative.
                        Court hears oral arguments by counsel. The Court having heard from counsel,
                        hereby takes motions under submission. Court and Counsel confer regarding
                        attorney fees and final judgments submitted to the Court. Defendants' counsel




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                        request orally that the final judgment lodged with the Court on January 1,
                        2009 be stricken from the record and replaced with the four (4) amended final
                        judgments lodged on May 25, 2009. No objection being made the Court
                        hereby GRANTS defendants' request. The Court will consider all arguments
                        made, order to follow. Court Reporter: Katherine Stride. Court Reporter:
                        Katherine Stride. (bm) (Entered: 09/23/2009)
 10/13/2009      134    FINAL JUDGMENT by Judge Audrey B. Collins: Upon consideration of the
                        motion of the Kim claimants for summary judgment as to all defendant
                        properties based on res judicata and collateral estoppel, inter alia, It Is Hereby
                        Ordered, Adjudged and Decreed that the motion is granted. It Is Further
                        Ordered that all defendant properties, as described below, are dismissed from
                        these cases: CV 04-2788, CV 04-3386, and CV 05-3910 (see document for
                        details). It Is Further Ordered that the Plaintiff Government forthwith
                        withdraw its lis pendens recorded against the defendant Beverly Drive
                        property. It Is Further Ordered that the Plaintiff Governement forthwith
                        withdraw its Request for Assistance directed to The Central Authority of
                        Switzerland for the freeze of Defendant Credit Suisse Private Banking
                        Account. It Is Further Ordered that all defendant properties shall be returned
                        and released forthwith to the Kim Claimants. (MD JS-6, Case Terminated).
                        (mg) (Entered: 10/14/2009)
 10/19/2009      135    REQUEST to Stay Case pending Judgments (Joinder to DAS Corporation's
                        Motion for Stay) filed by Claimant Optional Capital Inc. Request set for
                        hearing on 11/9/2009 at 10:00 AM before Judge Audrey B. Collins. (Lee,
                        Mary) (Entered: 10/19/2009)
 10/19/2009      136    MINUTES OF IN CHAMBERS ORDER RE: MOTION FOR A STAY OF
                        THE JUDGMENTS PENDING APPEAL held before Judge Audrey B.
                        Collins: Accordingly, the Kim Claimants' request that the motion be
                        dismissed is DENIED. The motion is noticed for hearing on November 9,
                        2009 and the Kim Claimants may still file an opposition on the merits in
                        accordance with the deadline provided by the local rules. Concurrent with the
                        issuance of this minute order, the Court is also granting DAS's ex parte
                        application for an interim stay until the Court can resolve the pending motion.
                        (see document for further details) (bm) (Entered: 10/20/2009)
 11/03/2009      138    MINUTES: REGARDING STAY PENDING APPEAL (In Chambers);
                        DAS's motion 135 is GRANTED and the Kim Claimants' request for the
                        posting of a bond is DENIED. The parties are to notify the Court within ten
                        days of the Ninth Circuit's determination of the appeal IT IS SO ORDERED
                        by Judge Audrey B. Collins. (ir) (Entered: 11/04/2009)
 11/03/2009      139    MINUTES: REGARDING HEARING ON PENDING MOTION FOR
                        ATTORNEY'S FEES (In Chambers); Currently pending before the Court is
                        the Kim Claimants motion for attorneys fees scheduled for hearing on
                        November 9, 2009. (See Docket # 615). As a result of conflicting duties
                        required of the Chief Judge, the Court hereby CONTINUES that hearing date
                        to Monday, January 11, 2010, at 10:00 a.m.IT IS SO ORDERED by Judge
                        Audrey B. Collins. (ir) (Entered: 11/04/2009)
 11/06/2009      140    ORDER by Judge Audrey B. Collins: The court having reviewed the




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                        stipulation Stipulation, IT IS HEREBY ORDERED that: the November 23,
                        2009 hearing date for the MOTION to Intervene is vacated. The Motion shall
                        be heard on December 7, 2009 at 10:00 a.m.; the Government's Opposition is
                        due November 16, 2009; and the Reply is due November 30, 2009. (mg)
                        (Entered: 11/06/2009)
 12/03/2009      141    MINUTES OF IN CHAMBERS ORDER RE: HEARING ON PENDING
                        MOTION TO INTERVENE, CONSOLIDATE, AND REMOVE LEVIES
                        held before Judge Audrey B. Collins: Currently pending before the Court is a
                        motion to intervene, consolidate, and remove levies that is currently set for
                        hearing on December 7, 2009. (See Docket # 635). As a result of conflicting
                        duties required of the Chief Judge, the Court hereby CONTINUES that
                        hearing date to Monday, December 21, 2009, at 10:00 a.m. (bm) (Entered:
                        12/03/2009)
 12/17/2009      142    MINUTES: REGARDING MTOIN TO INTERVENE, CONSOLIDATE,
                        AND REMOVE LEVIES (In Chambers); Motion to intervene is DENIED;
                        Honigs concurrently filed motions to consolidate and for determination of
                        wrongful levy are contingent on the motion to intervene. See, e.g., Reply to
                        Gov. Oppn at 17 (assuming that [the]motion to intervene is granted,
                        [movants] wrongful levy action should be consolidated). Accordingly, those
                        requests are DENIED as moot. IT IS SO ORDERED by Judge Audrey B.
                        Collins. (ir) (Entered: 12/17/2009)
 01/07/2010      143    MINUTES OF IN CHAMBERS ORDER RE: HEARING ON PENDING
                        MOTION FOR ATTORNEY'S FEES held before Judge Audrey B. Collins:
                        Pending before the Court is a motion for attorney's fees. (Docket # 615). That
                        motion has now been fully briefed. The Court finds the motion is appropriate
                        for resolution without oral argument. See Fed. R. Civ. P. 78(b); Local Rule 7-
                        15. The Court therefore VACATES the hearing set for January 11, 2010, and
                        takes the motion UNDER SUBMISSION. (bm) (Entered: 01/07/2010)
 01/25/2010      144    MINUTES: REGARDING MOTION FOR ATTORNEY'S FEES (In
                        Chambers); The Court GRANTS in part and DENIES in part the motion. The
                        Court hereby awards attorneys fees in the amount of $282,650 to be paid by
                        the Government. As the parties are separately litigating ownership of the fee
                        award in light of the I.R.S. levies imposed on it, the Government shall deposit
                        the money with the Court within 60 days of the issuance of this order
                        pursuant to the procedure outlined in Fed. R. Civ. P. 67(a). IT IS SO
                        ORDERED by Judge Audrey B. Collins. (ir) (Entered: 01/26/2010)
 06/09/2010      145    MINUTES OF IN CHAMBERS ORDER RE: REQUIREMENT TO
                        PROVIDE MANDATORY CHAMBERS COPIES held before Judge Audrey
                        B. Collins: On June 2, 2010, the Kim Claimants and the Government filed a
                        stipulation and proposed order seeking to deposit with the Court attorney's
                        fees awarded to the Kim Claimants. (Stip. (Docket # 677).) Unfortunately, no
                        mandatory chambers copies were delivered to the Court. The Court has
                        previously reminded the parties that they are required to submit mandatory
                        chambers copies of all electronically filed documents. (See February 4, 2009
                        Minute Order (Docket # 565).) The Court reminds the parties again that,
                        pursuant to General Order 08-02, parties must supply chambers with two
                        mandatory chambers copies of all filed documents by noon the day after the




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                        documents are filed. See G.O. 08-02(IV)(D), as amended by G.O. 08-11.
                        PLEASE BE ADVISED THAT FAILURE TO ADHERE TO THESE
                        REQUIREMENTS MAY DELAY YOUR MATTER AND RESULT IN
                        SANCTIONS. (bm) (Entered: 06/10/2010)
 06/09/2010      146    MINUTES OF IN CHAMBERS ORDER re NOTICE OF INTENT TO
                        RECONSIDER DENIAL OF MOTION TO INTERVENE held before Judge
                        Audrey B. Collins: Accordingly, the Court hereby gives NOTICE to all
                        parties that it intends to reconsider its denial of Honig's motion to intervene in
                        the forfeiture action and for an order establishing his priority over the I.R.S.
                        levies. The parties have already had the opportunity to fully brief that motion,
                        and the Court is not inviting any further briefing on the merits of that motion
                        at this time. The Court does, however, wish to hear from Honig and the
                        Government regarding the disposition of the wrongful levy action. In the
                        event that the Court grants Honig's motion to intervene and holds that Honig's
                        interests in the Forfeiture Assets and the Fee Awards are superior to the
                        Government's interests, that would appear to moot the separate wrongful levy
                        action. The Court hereby ORDERS Honig and the Government to file with
                        the Court no later than June 16, 2010 their positions on whether in those
                        circumstances the Court should dismiss the wrongful levy action as moot, rule
                        on the merits of the wrongfulness of the levies, and/or handle the wrongful
                        levy action in some other manner. The papers must be no longer than 3 pages.
                        (see document for further details) (bm) (Entered: 06/10/2010)
 07/19/2010      147    ORDER RECONSIDERING DENIAL OF MOTION TO INTERVENE AND
                        PROVIDING CERTAIN RELIEF TO THE KIM CLAIMANTS'
                        ATTORNEY by Judge Audrey B. Collins: For the foregoing reasons, the
                        Court hereby RECONSIDERS its denial of Honig's motion to intervene into
                        this case, and GRANTS the motion to intervene. The Court ORDERS that the
                        Fee Awards are payable directly to Honig. Honig is ORDERED to submit a
                        proposed order regarding disbursement of the Fee Awards currently deposited
                        with the Court Clerk. The Court DENIES as unripe Honigs request for a
                        ruling that his interests in the Seized Properties are superior to the
                        Government's interest. (see document for further details) (bm) (Entered:
                        07/20/2010)
 07/19/2010      148    MINUTES OF IN CHAMBERS ORDER RE: THE GOVERNMENT'S
                        HANDLING OF THE DISPUTE BETWEEN IT AND MR. HONIG held
                        before Judge Audrey B. Collins: Simultaneous with issuance of this minute
                        order, the Court is issuing a published order resolving the dispute between the
                        Government and Mr. Honig regarding ownership of the attorney's fees
                        awarded in this case. The Court writes separately here to note its
                        disappointment in the Government's handling of this dispute, as well as the
                        dispute concerning priority in distribution of the Seized Properties. This
                        dispute has been marred by an ever-changing set of arguments advanced by
                        the Government both on the merits and procedural aspects of Honig's request
                        for relief. The Court appreciates the Government's candor in admitting the
                        erroneous nature of a number of the arguments it advanced. But it is also clear
                        that the Government's ever-shifting positions placed a significant burden on
                        both judicial resources and the parties' resources. The Court reminds the
                        Government's counsel that "[t]he court's time is a public commodity which




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                        should not be squandered." United States v. Reeves, 636 F. Supp. 1575, 1578
                        (E.D. Ky. 1986). As such, the Court expects parties to fully research and
                        evaluate their positions prior to asserting them. (see document for further
                        details) (bm) (Entered: 07/20/2010)
 08/03/2010      149    ORDER DIRECTING PAYMENT OF ATTORNEY FEE AWARDS by
                        Judge Audrey B. Collins, NOTE: CHANGES MADE BY THE COURT. On
                        July 19, 2010, the Court entered an order holding that attorney fee awards
                        ordered in this action by this Court belong and should be paid directly to
                        Intervenors Eric Honig and the Law Office of Eric Honig, APLC.
                        Accordingly, IT IS HEREBY ORDERED, ADJUDGED AND DECREED
                        that all attorney fees awarded in this action by this Court to the Kim
                        claimants, including but not limited to the Court's $1,172,137.90 award
                        (Docket No. 440) and its $282,650.00 award (Docket No. 657), plus all
                        accrued interest on said awards, shall belong to and shall be paid directly to
                        Eric Honig and the Law Office of Eric Honig, APLC; IT IS FURTHER
                        ORDERED that the United States of America may not enforce or attempt to
                        enforce any tax liens or levies based on the tax liabilities of the Kim claimants
                        against attorney fees ordered in this action; IT IS FURTHER ORDERED that
                        pursuant to Federal Rule of Civil Procedure 54(b), the instant order is final
                        and appealable as to Intervenors' claims to attorney fee awards in this action,
                        and there is no just reason for delay in entry of judgment regarding said fee
                        awards; IT IS FURTHER ORDERED that execution of this final order is
                        hereby stayed for 60 days pending the governments review of a decision
                        whether to appeal this order, or if the order is appealed by the government,
                        then execution is stayed until the issuance of the mandate by the Ninth Circuit
                        Court of Appeals either dismissing such appeal or affirming this final order;
                        IT IS FURTHER ORDERED that the above fees awards, which currently are
                        in the registry and the control of this Court and held in an interest-bearing
                        account, shall be paid directly to the Law Office of Eric Honig, APLC within
                        seven (7) days after Intervenors file notice with this Court that execution of
                        this order is no longer stayed according to the terms stated above; IT IS
                        FURTHER ORDERED that any check for payment of said fees shall be made
                        payable to "Law Office of Eric Honig, APLC" and, unless alternative
                        arrangements are made with the Clerk of Court, mailed to the Law Office of
                        Eric Honig, P.O. Box 10327, Marina del Rey, CA 90295; IT IS FURTHER
                        ORDERED that to the extent that attorneys fees are paid to Intervenors
                        pursuant to this Order, such payments reduce thereby the amount of
                        Intervenors' claim on the Forfeiture Assets described in the Court's July 19,
                        2010 Order. Re: Minutes of In Chambers Order/Directive 148 (lw) (Entered:
                        08/04/2010)
 08/12/2010      150    ORDER from 9th CCA filed, CCA # 08-5669. The claimants' unopposed
                        request to extend the deadline for filing a reply in support of their application
                        for attorney fees is granted. The reply is due August 30, 2010. Order received
                        in this district on 8/12/10. (car) (Entered: 08/13/2010)
 08/23/2010      151    ORDER by Judge Audrey B. Collins: The deadline for Intervenors to file a
                        motion for attorneys fees after the entry of judgment as to their participation
                        in these cases is hereby further extended to September 27, 2010. (ir) (Entered:
                        08/24/2010)




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 09/21/2010      152    JUDGMENT FOR ATTORNEY'S FEES IN FAVOR OF LAW OFFICES OF
                        ERIC HONIG AND ERIC HONIG RELATING TO INTERVENTION
                        MATTER by Judge Audrey B. Collins, in favor of Eric Honig against United
                        States of America: The Court having reviewed the accompanying stipulation
                        between plaintiff United States of America and intervenors Eric Honig and
                        Law Offices of Eric Honig, APLC (collectively, "Intervenors") for entry of
                        this Judgment hereby finds as follows: On July 19, 2010, the Court entered an
                        order permitting Intervenors to intervene as of right in these consolidated
                        actions pursuant to Fed. R. Civ. P. 24(a) (docket no. 689 in CV 04-2878). In
                        the same order, the Court held that attorney fee awards ordered in this action
                        by this Court to the Kim Claimants pursuant to 28 U.S.C. § 2465(b) belong
                        and should be paid directly to Intervenors. It is the intent of the United States
                        and Intervenors to resolve the Intervention Attorneys Fees by their
                        accompanying Stipulation (the "agreement") and this Judgment. Pursuant to
                        the parties' Stipulation, judgment is hereby entered for Intervention Attorney's
                        Fees in favor of Intervenors and against the United States in the amount of
                        $159,760.98 (the "Settlement Amount"). In consideration of the agreement,
                        Intervenors and their counsel have released and waived any claim either or
                        them may have for attorneys fees in connection with the Wrongful Levy
                        Action to and including the date of entry of this Judgment. Except as
                        specifically provided above, each party shall bear its own costs of litigation
                        and attorney's fees. Each party waives its right to appeal this Judgment. The
                        Court retains jurisdiction over the intervention matter and the parties hereto to
                        effectuate the terms of the agreement. (see document for further details) (bm)
                        (Entered: 09/22/2010)
 10/26/2010      153    NOTICE of Change of Attorney Information for attorney Mary Lee counsel
                        for Claimant Optional Capital Inc. Changing e-mail to
                        leemarylaws@aol.com. Filed by Claimant Optional Capital, Inc. (Lee, Mary)
                        (Entered: 10/26/2010)
 11/24/2010      154    ORDER from 9th CCA filed, CCA # 07-55390, 07-55424, 07-55714 and 07-
                        55872. Within 14 days after the court's decision in appeal number 10-56467,
                        the parties shall file status reports with request for appropriate frlief
                        concerning payment of the fee award in this order. See the order for details.
                        (dmap) (Entered: 12/02/2010)
 02/01/2011      155    NOTICE Amended Notice of Judgment Lien filed by Claimant Optional
                        Capital Inc. (Rogari, Ralph) (Entered: 02/01/2011)
 02/25/2011      156    MINUTE ORDER IN CHAMBERS: STATUS CONFERENCE
                        FOLLOWING RESOLUTION OF APPEALS by Judge Audrey B. Collins:
                        On January 31, 2011, the Court received the Ninth Circuits Mandate and
                        Order resolving the appeals pending in the above-referenced related cases.
                        The Court hereby SETS a status conference for Monday, March 28, 2011, at
                        10:00 a.m. to discuss moving the case forward. In preparation for the status
                        conference, the parties are ORDERED to review the Ninth Circuit's Order and
                        to file a Joint Status report setting forth their respective positions no later than
                        Monday, March 21, 2011. (lw) (Entered: 02/25/2011)
 02/25/2011      157    NOTICE Supplemental Notice of Judgement Lien in Favor of Claimant
                        Optional Capital filed by Claimant Optional Capital Inc. (Rogari, Ralph)




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                        (Entered: 02/25/2011)
 03/24/2011      158    MINUTE ORDER IN CHAMBERS VACATING MARCH 28, 2011
                        STATUS CONFERENCE by Judge Audrey B. Collins: The Court has
                        reviewed the parties' status reports in preparation for the March 28, 2011
                        status conference: a joint report submitted by the Kim Claimants and DAS,
                        and a separate report filed by Optional. Although the minute order setting the
                        status conference did not specify that the parties should meet and confer
                        before filing the joint report, doing so clearly would have made the joint
                        report more useful. As it stands, the Kims and Optional are talking past each
                        other, and DAS has not said anything of substance. Having reviewed the
                        reports, it is clear that there is no consensus as to how to proceed. The status
                        conference set for March 28 is hereby VACATED. Conducting a conference
                        on Monday would be a waste of this court's limited time and resources. The
                        parties are ORDERED to meet and confer and to submit a true joint status
                        report. Among the issues to be discussed by the parties and reported to the
                        court are: (see document for further details). The parties' deadline for their
                        meeting to confer on the above topics is Monday April 4, 2011. The parties'
                        joint status report must be filed by Monday April 18, 2011. A status
                        conference is hereby set for Monday May 2, 2011, at 10:00 a.m. (bm)
                        (Entered: 03/24/2011)
 03/25/2011      159    MINUTE ORDER IN CHAMBERS re ORDER FOR REPORT FROM
                        GOVERNMENT ON STATUS OF CREDIT SUISSE ACCOUNTS by Judge
                        Audrey B. Collins: Yesterday, the Court issued a minute order ordering the
                        remaining parties to meet and confer and setting a status conference.
                        Although the Government's case is dismissed, the Court would like to hear
                        from the Government about the status of the Credit Suisse accounts.
                        Specifically, following the remand from the Ninth Circuit, the Court must
                        adjudicate the competing claims to the properties. Among these properties are
                        all funds in the Credit Suisse accounts. These accounts were frozen by a
                        Swiss magistrate pursuant to an MLAT request made by the Government. The
                        Court hereby ORDERS the Government to file a report addressing the
                        following issues, to the extent it has knowledge: 1. Is the MLAT request still
                        operative or has it been withdrawn? 2. Are the Credit Suisse accounts still
                        frozen? 3. Have any other authorities issued any other order to freeze the
                        accounts? 4. Does the Government have access to an accounting of the funds?
                        The Government's report must be filed no later than April 11, 2011. (bm)
                        (Entered: 03/28/2011)
 04/11/2011      160    MINUTE: ORDER GRANTING EX PARTE APPLICATION (In
                        Chambers): DAS is ORDERED to comply with the Courts March 24, 2011,
                        minute order by contributing to the Joint Report and appearing at the May 2
                        status conference IT IS SO ORDERED by Judge Audrey B. Collins. (ir)
                        (Entered: 04/11/2011)
 04/15/2011      161    MINUTE ORDER IN CHAMBERS RE: REPORT FROM GOVERNMENT
                        ON STATUS OF CREDIT SUISSE ACCOUNTS by Judge Audrey B.
                        Collins: The Court has received the Government's helpful report concerning
                        the status of the Credit Suisse accounts, filed on April 11, 2011. Having
                        reviewed the report, the Court notes that the Government may receive




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                        clarification regarding the "release" of the funds, and the Swiss litigation in
                        general. See Tait Decl. 4, 6. The Court hereby ORDERS the Government to
                        file a follow-up report with any such additional information no later than
                        April 28, 2011. (bm) (Entered: 04/15/2011)
 04/25/2011      162    MINUTE ORDER IN CHAMBERS: ORDER RE: JOINT REPORT AND
                        OPTIONAL SUPPLEMENTAL REPORT by Judge Audrey B. Collins:The
                        Court has received the parties Joint Report, filed April 18, 2011, and
                        Optional's Supplemental Report, filed April 21, 2011. While declining to state
                        expressly that it has obtained the funds from the Credit Suisse accounts, it
                        appears that that is what DAS has achieved. As all parties to this action are
                        aware, the Court has retained in rem jurisdiction over the seized properties,
                        including the Credit Suisse accounts. As such, DAS's and the Kim Claimants
                        apparent interference with these funds is troubling. The Court is also
                        dismayed at both DAS's and the Kim Claimants' lack of candor: both were
                        silent on this crucial issue until the Court ordered the additional status report.
                        The Court expects, and ORDERS, DAS and the Kim Claimants to fully
                        explain the status of the Credit Suisse accounts at the Status Conference on
                        Monday, May 2, 2011. Failure to cooperate will result in consequences which
                        may include, but are not limited to, an Order to Show Cause re: Contempt,
                        referral to the state bar, and the Court's request that the United States Attorney
                        investigate the actions taken by DAS, any Kim parties, and counsel. Counsel
                        should remember that their credibility before the court is their most important
                        asset. (lw) (Entered: 04/25/2011)
 04/27/2011      164    ORDER from 9th CCA filed, CCA # 08-55669. Claimants motion for
                        attorney fees is granted. The determination of the amount to be awarded is
                        referred to the Appellate Commissioner, who shall issue an order after
                        conducting whatever proceedings he deems appropriate. See 9th Cir. R. 39-
                        1.9; see also United States v. $186,416 in U.S. Currency, No. 07-56549, slip
                        op. 5389, 5390 (9th Cir. Apr. 26, 2011). The order is subject to
                        reconsideration by the panel. See 9th Cir. R. 39-1.9. Order received in this
                        district on 04/27/2011. (dmap) (Entered: 04/29/2011)
 04/28/2011      163    MINUTE ORDER IN CHAMBERS RE: RECENT NINTH CIRCUIT
                        OPINION by Judge Audrey B. Collins: The Court brings to the parties'
                        attention U.S. v. $186,416.00 in U.S. Currency, 2011 WL 1549235 (9th Cir.
                        2011), issued on April 26, 2011. Therein, the Ninth Circuit held that attorney
                        fees awarded under the Civil Asset Forfeiture Reform Act ("CAFRA") are
                        payable to the claimant, not to the claimant's attorney. This court's July 19,
                        2010 Order held that attorney's fees were payable directly to the Kim
                        Claimants' counsel rather than to the Kim Claimants; thereafter, counsel and
                        the Government entered into a stipulation regarding the payment of some of
                        the Kim Claimants' fees. A status conference is currently set for Monday,
                        May 2, 2011, at 10:00 a.m. The Court would like the parties to be prepared to
                        discuss at the status conference the implications of $186,416.00 in U.S.
                        Currency on this case. The Government is also of course invited to attend and
                        participate in the status conference should it wish to be heard on this matter.
                        (bm) (Entered: 04/28/2011)
 05/02/2011      165    MINUTES OF STATUS CONFERENCE held before Judge Audrey B.




https://ecf.cacd.uscourts.gov/cgi-bin/DktRpt.pl?369488215326679-L_452_0-1                        5/16/2011
CM/ECF - California Central District                                                       Page 28 of 28



                        Collins: The Court ORDERS the following: The Court ORDERS that no
                        party is to interfere with or disturb whatever monies remain in the Credit
                        Suisse accounts, except to the extent necessary to bring the monies under this
                        Court's control, as described in the next paragraph. Eric Honig, in his capacity
                        as counsel to Christopher Kim and Alexandria Investment LLC, is hereby
                        ORDERED to request that Christopher Kim bring whatever funds remain in
                        Alexandria Investment LLC's Credit Suisse account into this Court's
                        jurisdiction, by, for example, transferring the monies to the Clerk of Court.
                        The Court REQUESTS that the Government investigate the transaction in
                        Switzerland by which approximately 14 billion Korean won were transferred
                        from Alexandria Investment LLC's Credit Suisse account to DAS
                        Corporation. The Government is hereby ORDERED to e-file a report this
                        week with an estimated time-frame for the investigation. The Court GRANTS
                        the Government's oral request to file an amicus brief in connection with any
                        motion regarding lien priority. The Court would also entertain a motion to
                        intervene from the Government, or a motion to liquidate assets and deposit
                        the proceeds with the Clerk of Court. Optional Capital may wish to file
                        motions as follows: (1) seeking action from the Court with respect to the
                        Credit Suisse accounts and/or the monies received by DAS, based on several
                        possible grounds discussed; (2) seeking an accounting of the Credit Suisse
                        accounts; and/or (3) moving for an order of contempt against parties and/or
                        counsel based on the developments in Switzerland. The parties are
                        ORDERED to meet and confer on any of the Optional motions no later than
                        Friday, May 6, 2011. Optional is to file any of the above motions no later than
                        May 16, 2011. Oppositions are due no later than May 23, 2011. Replies are
                        due no later than May 31, 2011. The motions are to be set for hearing on
                        Monday, June 13, 2011, at 10:00 a.m. Court and counsel confer regarding the
                        bankruptcy proceedings filed by Erica Kim on April 29, 2011. The Court also
                        hears from East West Bank on that matter. The Court having heard from
                        counsel and claimant, acknowledges the automatic stay of proceedings
                        triggered by Erica Kim's April 29, 2011 filing for bankruptcy. The Court
                        hereby STAYS the matter as to Erica Kim's assets ONLY. All counsel are
                        hereby ORDERED to provide the Government with copies of all documents
                        efiled in the above cases. (see document for further details) Court Reporter:
                        Katherine Stride. (bm) (Entered: 05/04/2011)



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https://ecf.cacd.uscourts.gov/cgi-bin/DktRpt.pl?369488215326679-L_452_0-1                      5/16/2011

				
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