United States of America v. 2001 Peterbilt Truck, California License No. UP50369

Filing 17

ORDER to Stay Case and to Vacate Scheduling Conference signed by Judge Oliver W. Wanger on 11/23/2009. The December 2, 2009 scheduling conference is VACATED. Case stayed. (Esteves, C)

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BENJAMIN B. WAGNER United States Attorney DEANNA L. MARTINEZ Assistant U.S. Attorney United States Courthouse 2500 Tulare Street, Suite 4401 Fresno, California 93721 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

) ) Plaintiff, ) ) v. ) ) 2001 PETERBILT 387 TRUCK, ) CALIFORNIA LICENSE NO. UP50369, ) ) Defendant. ) _____________________________________ )

1:09-CV-01305-OWW-SMS STIPULATION TO STAY CASE AND TO VACATE SCHEDULING CONFERENCE; ORDER THEREON

It is hereby stipulated by and between Plaintiff United States of America and Claimants Mohammed Gass Hersi and Nimo Mohammed Gass Hersi, by and through their respective counsels, for the above-entitled forfeiture action, as follows: 1. Claimant Mohammed Gass Hersi is presently facing federal criminal charges in

the Eastern District of California, U.S. v. Mohammed Gass Hersi, 1:09-CR-00057-OWW , allegedly relating to transactions or events which form the basis for this civil forfeiture action; 2. The parties recognize that proceeding with this action has potential adverse affects

on the prosecution of the related-criminal case and/or upon Claimant Mohammed Gass Hersi's right against self-incrimination in the related federal criminal case; 3. Publication of the civil forfeiture action has been completed and to date only

Mohammed Gass Hersi and Nimo Mohammed Gass Hersi have filed a claim and answer, or 1
STIPULATION TO STAY CASE AND TO VACATE SCHEDULING CONFERENCE; ORDER THEREON

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otherwise appeared in this action, and the time for which any other persons or entities to file a claim or answer has expired. THEREFORE, the parties to this action stipulate as follows: 1. Pursuant to 18 U.S.C. § 981(g), this action shall be stayed pending the conclusion

of the federal criminal action presently pending against Mohammed Gass Hersi in the Eastern District of California. 2. The Scheduling Conference in the civil case scheduled for December 2, 2009, at

8:15 a.m. in Courtroom #3 before District Judge Oliver W. Wanger be vacated. 3. The parties are to promptly notify the Court when the criminal case resolves.

IT IS SO STIPULATED. Date: November 23, 2009 BENJAMIN B. WAGNER United States Attorney /s/ Deanna L. Martinez DEANNA L. MARTINEZ Assistant United States Attorney

12 13 14 15 16 17 18 19 20 21 IT IS SO ORDERED. 22 23 24 25 26 27 28 2 Dated: November 23, 2009 emm0d6 Date: 11/18/09

/s/ Mark W. King MARK W. KING Attorney for Claimants Mohammed Gass Hersi and Nimo Mohammed Gass Hersi (original signature retained by attorney)

/s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

STIPULATION TO STAY CASE AND TO VACATE SCHEDULING CONFERENCE; ORDER THEREON