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OCR: claimant is entitled to discovery after appearing and filing notice of claim under the Federal Rules of Civil Procedure which apply to forfeiture actions The pre seizure hearing does notcreate potential for discovery: that potential already exists If the government 15 concerred that civil discovery ay preju- dice pending criminal case, it may file. and stay, the civil forfeiture. U.S.C $881 1(i); United States James Daniel Good Real Property. 971 F.2d 1376 1382 (1992). There no indication the Ninth Circuit opinion that the scope nf what may ultimately discovered expanded by allowing seizure hearing The third Fuentes factor considered by the Catero- Toledo court SBA whether the search was initiated by gov ernment official responsible for determining, unde dards of narTowly drawn statute tha ...