Escolar Documentos
Profissional Documentos
Cultura Documentos
I. PROCEDURAL HISTORY
Appellants The Redwood Clinic, Desert Lake Trust, and Sigal Gafni
filed the instant Motion to Tax Costs after the relief sought – return of
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to Motion to Tax Cost which mislead by implication, whether intentionally
or by failure of familiarity with the basic facts of this case: The Assistant U.
had not prevailed as not all seized items had been returned. Replying to and
Court, Rule ___.1 The undersigned came to know of the existence of this
opposition.
II. FACTS
agent to be false. [CITATION] The district court, from the bench, directed
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the parties to meet and attempt to agree regarding which original documents
Gafni. Attorney Moore and the IRS further attempted to impose the cost of
or object to the proposed written order. The same did not comport with the
bench ruling, and was clearly inconsistent with Ninth Circuit precedent.
After Appellants filed the instant appeal but prior to the court's ruling,
Appellee returned all seized documents and things to the Redwood Clinic,
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Desert Lake Trust, and Sigal Gafni.
A. Summary of Argument
Appellants The Redwood Clinic, Sigal Gafni, and Desert Lake Trust are
prevailing parties without regard to any dispute or discrepancy regarding the District
Court's order. The end result of institution of the 41(g) matter ultimately obtaining
through Appellee's concession, was the equitable return of property, a significant and
important aspect of the relief sought, which fact defines “prevailing party” according to
inconsequential remarks, and claim that the transcript of the Court hearing is
not a part of the record, is unprecedented lunacy, [Legal authority that ruling
A certified transcript of the 41(g) hearing before the lower court was
filed, and is a part of the record on appeal. Therein, the directives of Judge
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Patel to the parties from the bench, ordering them to perform certain actions
delineated the full scope of relief requested, both from the lower court and
the bench and the order written by the US Attorney's office” {Appellant's
Brief, page ___, line ___}, and the equitable return of property. {Appellant's
Brief, page ___, line ___}. Appellee cannot now be heard to claim surprise.
prevailed.2
ruling; notwithstanding that Appellee had due and timely notice of these
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dismissal after the return of property was effected,3 the undeniable fact is
that Appellants hereto prevailed in their quest to obtain relief through return
IV. SUMMARY
Reporter who attended the 41(g) Motion for the Equitable Return of
Property, was duly filed with the Appellate Court, is part of the record on
appeal, and is relevant and consequential. From this and indeed, the full
been plain, clear, and obvious from the record. Appellants petitions to the
lower court and on appeal always included the request for the equitable
taking without due process and compensation, would have been the
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