United States of America v. 2006 Aston Martin DC-9 Convertible, et al

Filing 30

FOURTEENTH STIPULATION and ORDER EXTENDING the United States' Time to File a Complaint for Forfeiture and/or to Obtain an Indictment Alleging Forfeiture signed by Magistrate Judge Gary S. Austin on 5/24/2011. (Bradley, A)

1

5

BENJAMIN B. WAGNER
United States Attorney
STANLEY A. BOONE
Assistant United States Attorney
United States Courthouse
2500 Tulare Street, Suite 4401
Fresno, California 93721
Telephone: [phone]
Facsimile: [phone]

6

Attorneys for Plaintiff

2
3
4

7
8

IN THE UNITED STATES DISTRICT COURT FOR THE

9

EASTERN DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

UNITED STATES OF AMERICA,

)
)
Plaintiff,
)
)
v.
)
)
)
)
2006 ASTON MARTIN DC-9
)
CONVERTIBLE,
)
VIN: SCFAD02AX6GB04658,
)
LICENSE NO. 5WWZ765,
)
)
APPROXIMATELY $145,854.46 IN U.S. )
CURRENCY,
)
)
APPROXIMATELY $83,386.27 IN U.S.
)
CURRENCY,
)
)
APPROXIMATELY $3,013.99 IN U.S.
)
CURRENCY, and
)
)
1993 CESSNA 550 FIXED WING MULTI- )
ENGINE AIRCRAFT, SERIAL NO. 550)
0725, TAIL NO. N725CC,
)
)
)
Defendants.
)
____________________________________ )

1:09-MC-00047-GSA
FOURTEENTH STIPULATION AND
ORDER EXTENDING THE UNITED
STATES’ TIME TO FILE A COMPLAINT
FOR FORFEITURE AND/OR TO OBTAIN
AN INDICTMENT ALLEGING
FORFEITURE

26

It is hereby stipulated by and between the United States of America and Claimants Kathleen

27

Otto and Manufacturers Acceptance Corporation (MAC) dba Heritage Pacific Leasing by Lynn

28

Haynes, (hereafter “Claimants”), by and through their respective attorney, as follows:
1

STIPULATION AND ORDER EXTENDING
UNITED STATES TIME TO FILE

1

1.

On or about August 7, 2009, Claimants filed claims, in the administrative

2

forfeiture proceeding, with the Federal Bureau of Investigation with respect to the 2006 Aston

3

Martin DC-9 Convertible, VIN: SCFAD02AX6GB04658, License No. 5WWZ765( the

4

“vehicle”), approximately $145,854.46 in U.S. Currency, approximately $83,386.27 in U.S.

5

Currency, and approximately $3,013.99 in U.S. Currency (the “currency”). The vehicle was

6

seized on or about May 29, 2009; the currency was seized on or about June 8, 2009.

7

2.

The Federal Bureau of Investigation has sent the written notice of intent to forfeit

8

required by 21 U.S.C. § 881 to all known interested parties. The time has expired for any person to

9

file a claim to the vehicle and currency under 18 U.S.C. § 983(a)(2)(A)-(E), and no person(s) other

10

than the Claimants have filed claims to the vehicle and currency as required by law in the

11

administrative forfeiture proceeding.

12

3.

Under 18 U.S.C. § 983(a)(3)(A), the United States is required to file a complaint for

13

forfeiture against the vehicle and currency and/or to obtain an indictment alleging that the vehicle

14

and currency are subject to forfeiture within 90 days after a claim has been filed in the administrative

15

forfeiture proceedings, unless the court extends the deadline for good cause shown or by agreement

16

of the parties.

17

4.

By Stipulation and Order filed on November 4, 2009, the parties stipulated to extend

18

to December 4, 2009, the time in which to file a Complaint for Forfeiture and/or obtain an

19

Indictment Alleging Forfeiture.

20

5.

By Stipulation and Order filed on December 4, 2009, the parties stipulated to extend

21

to February 2, 2010, the time in which to file a Complaint for Forfeiture and/or to Obtain an

22

Indictment Alleging Forfeiture.

23

6.

By Stipulation and Order filed on February 1, 2010, the parties stipulated to further

24

extend to April 5, 2010, the time in which to file a Complaint for Forfeiture and/or to Obtain an

25

Indictment Alleging Forfeiture.

26

7.

By Stipulation and Order filed on April 5, 2010, the parties stipulated to further

27

extend to June 3, 2010, the time in which to file a Complaint for Forfeiture and/or to Obtain an

28

Indictment Alleging Forfeiture.
2

STIPULATION AND ORDER EXTENDING
UNITED STATES TIME TO FILE

1

8.

By Stipulation and Order filed on June 3, 2010, the parties stipulated to further extend

2

to July 7, 2010, the time in which to file a Complaint for Forfeiture and/or to Obtain an Indictment

3

Alleging Forfeiture.

4

9.

By Stipulation and Order filed on July 7, 2010, the parties stipulated to further extend

5

to August 9, 2010, the time in which to file a Complaint for Forfeiture and/or to Obtain an

6

Indictment Alleging Forfeiture.

7

10.

By Stipulation and Order filed on August 10, 2010, the parties stipulated to further

8

extend to September 10, 2010, the time in which to file a Complaint for Forfeiture and/or to Obtain

9

an Indictment Alleging Forfeiture.

10

11.

By Stipulation and Order filed on September 10, 2010, the parties stipulated to further

11

extend to October 12, 2010, the time in which to file a Complaint for Forfeiture and/or to Obtain an

12

Indictment Alleging Forfeiture.

13

12.

By Stipulation and Order filed on October 8, 2010, the parties stipulated to further

14

extend to November 15, 2010, the time in which to file a Complaint for Forfeiture and/or to Obtain

15

an Indictment Alleging Forfeiture.

16

13.

By Stipulation and Order filed on November 12, 2010, the parties stipulated to further

17

extend to February 11, 2011, the time in which to file a Complaint for Forfeiture and/or to Obtain

18

an Indictment Alleging Forfeiture

19

14.

By Stipulation and Order filed on February 7, 2011, the parties stipulated to further

20

extend to March 31, 2011, the time in which to file a Complaint for Forfeiture and/or to Obtain an

21

Indictment Alleging Forfeiture.

22

15.

By Stipulation and Order filed on March 28, 2011, the parties stipulated to further

23

extend to April 29, 2011, the time in which to file a Complaint for Forfeiture and/or to Obtain an

24

Indictment Alleging Forfeiture.

25

16.

By Stipulation and Order filed on April 29, 2011, the parties stipulated to further

26

extend to May 27, 2011, the time in which to file a Complaint for Forfeiture and/or to Obtain an

27

Indictment Alleging Forfeiture

28

17.

The parties have currently reached a tentative settlement on the matter and need
3

STIPULATION AND ORDER EXTENDING
UNITED STATES TIME TO FILE

1

additional time to effectuate its terms. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by

2

agreement to further extend to June 30, 2011, the time in which the United States is required to file

3

a civil complaint for forfeiture against the vehicle and currency and/or to obtain an indictment

4

alleging that the vehicle and currency are subject to forfeiture.

5

18.

The 1993 Cessna 550 Fixed Wing Multi-Engine Aircraft, Serial No. 550-0725, Tail

6

No. N725CC (hereafter “Cessna”), does not fall under administrative forfeiture eligibility however

7

the parties herein stipulate to include the Cessna under the governments requirement to file a Civil

8

Forfeiture Complaint or Indictment alleging Forfeiture on the within stipulated deadline date.

9

19.

Accordingly, the parties agree that the deadline by which the United States shall be

10

required to file a complaint for forfeiture against the vehicle, currency, and Cessna and/or to obtain

11

an indictment alleging that the vehicle, currency, and Cessna are subject to forfeiture shall be

12

extended to June 30, 2011.

13
Dated: May 24 , 2011
14
15

BENJAMIN B. WAGNER
United States Attorney
/s/ Stanley A. Boone
STANLEY A. BOONE
Assistant United States Attorney

16
17
Dated: May 23 , 2011
18

/s/ Paul L. Gabbert
PAUL L. GABBERT
Attorney for Claimants

19
(original signature retained by attorney)
20
IT IS SO ORDERED.
21
Dated:
22

May 24, 2011

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

6i0kij

23
24
25
26
27
28
4

STIPULATION AND ORDER EXTENDING
UNITED STATES TIME TO FILE