United States of America v. Approximately $7,562.00 in U.S. Currency et al

Filing 8

THIRD STIPULATION And ORDER Extending The United States' Time To File A Complaint For Forfeiture And/Or To Obtain An Indictment Alleging Forfeiture, signed by Chief Judge Anthony W. Ishii on 4/6/2011. (Fahrney, E)

United States of America v. Approximately $7,562.00 in U.S. Currency et al

Doc. 8

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BENJAMIN B. WAGNER United States Attorney DAVID T. SHELLEDY Assistant U.S. Attorney United States Courthouse 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: [phone] Attorneys for Plaintiff the United States of America

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

UNITED STATES OF AMERICA, Plaintiff, v. APPROXIMATELY $7,562.00 IN U.S. CURRENCY; 1972 OLDSMOBILE 442, NO LICENSE PLATE, VIN: 3J67K2M211271; 1965 FORD MUSTANG, NO LICENSE PLATE, VIN: 5R07A128707; 2008 CHEVROLET MALIBU, LICENSE: 6LFA733, VIN: 1G1ZG57B88F193345; 2006 LEXUS GS300, LICENSE: 5MJJ752, VIN: JTHBH96S765000098; 1969 CHEVROLET TRUCK, NO LICENSE PLATE, VIN: CE149Z825738; 1962 CHEVROLET IMPALA, NO LICENSE PLATE, VIN: 2186F302848; 1976 HARLEY DAVIDSON MOTORCYCLE, LICENSE: 15U3097, VIN: 9D18597H6; 1965 FORD MUSTANG, LICENSE: CZW446, VIN: 5R07C177883; 2007 PONTIAC G6, LICENSE: 6HQG262,
THIRD STIPULATION AND ORDER EXTENDING THE UNITED STATES' TIME TO FILE A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE

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1:10-MC-00044-AWI THIRD STIPULATION AND ORDER EXTENDING THE UNITED STATES' TIME TO FILE A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE

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VIN: 1G2ZH58N974231581;

) ) 2008 PONTIAC G6, LICENSE: 6LTN600, ) VIN: 1G2ZM577184198639; and, ) ) 2007 CHEVROLET TRUCK, LICENSE: ) 8K96671, VIN: 3GCEC13C07G549423, ) ) Defendants. ) _____________________________________) It is hereby stipulated by and between the United States of America and Potential Claimants

7 Nasry Khalid Dablan, Edwan Khalid Dablan, and Nabila Dablan, by and through their attorney, as 8 follows: 9 1. 10 in the administrative forfeiture proceeding with the Drug Enforcement Administration ("DEA") with 11 respect to the approximately $7,562.00 in U.S. Currency, which was seized on or about April 30, 12 2010. 13 2. 14 in the administrative forfeiture proceeding with the Internal Revenue Service ("IRS") with respect 15 to the 2007 Chevrolet Truck, License: 8K96671, VIN: 3GCEC13C07G549423, which was seized 16 on or about April 30, 2010. 17 3. 18 in the administrative forfeiture proceeding with the Internal Revenue Service ("IRS") with respect 19 to the 1972 Oldsmobile 442, No License Plate, VIN: 3J67K2M211271, 1965 Ford Mustang, No 20 License Plate, VIN: 5R07A128707, 2008 Chevrolet Malibu, License: 6LFA733, VIN: 21 1G1ZG57B88F193345, 2006 Lexus GS300, License: 5MJJ752, VIN: JTHBH96S765000098, 1969 22 Chevrolet Truck, No License Plate, VIN: CE149Z825738, 1962 Chevrolet Impala, No License Plate, 23 VIN: 2186F302848, 1976 Harley Davidson Motorcycle, License: 15U3097, VIN: 9D18597H6, 1965 24 Ford Mustang, License: CZW446, VIN: 5R07C177883, 2007 Pontiac G6, License: 6HQG262, VIN: 25 1G2ZH58N974231581, which were seized on or about April 28, 2010. 26 4. 27 administrative forfeiture proceeding with the Internal Revenue Service ("IRS") with respect to the 28
THIRD STIPULATION AND ORDER EXTENDING THE UNITED STATES' TIME TO FILE A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE

On or about July 12, 2010, Potential Claimant Edwan Khalid Dablan filed a claim

On or about August 2, 2010, Potential Claimant Nasry Khalid Dablan filed a claim

On or about August 2, 2010, Potential Claimant Edwan Khalid Dablan filed a claim

On or about August 2, 2010, Potential Claimant Nabila Dablan filed a claim in the

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2008 Pontiac G6, License: 6LTN600, VIN: 1G2ZM577184198639, which was seized on or about April 28, 2010. 5. The Internal Revenue Service and Drug Enforcement Administration have sent the

written notice of intent to forfeit required by 18 U.S.C. § 983(a)(1)(A) to all known interested parties. The time has expired for any person to file a claim to the currency under 18 U.S.C. § 983(a)(2)(A)-(E), and no person other than the Potential Claimants have filed a claim to the abovecaptioned assets as required by law in the administrative forfeiture proceeding. 6. Under 18 U.S.C. § 983(a)(3)(A), the United States is required to file a complaint for

forfeiture against the above-captioned assets and/or to obtain an indictment alleging that the abovecaptioned assets are subject to forfeiture within 90 days after a claim has been filed in the administrative forfeiture proceedings, unless the court extends the deadline for good cause shown or by agreement of the parties. 7. By Stipulation and Order filed on October 19, 2010, the parties stipulated to extend

to January 6, 2011, the time in which the United States is required to file a civil complaint for forfeiture against the above-captioned assets and/or to obtain an indictment alleging that the abovecaptioned assets are subject to forfeiture. 8. By Stipulation and Order filed on January 7, 2011, the parties stipulated to further

extend to April 6, 2011, the time in which the United States is required to file a civil complaint for forfeiture against the above-captioned assets and/or to obtain an indictment alleging that the abovecaptioned assets are subject to forfeiture. 9. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to further

extend to July 5, 2011, the time in which the United States is required to file a civil complaint for forfeiture against the above-captioned assets and/or to obtain an indictment alleging that the abovecaptioned assets are subject to forfeiture. /// /// /// ///
THIRD STIPULATION AND ORDER EXTENDING THE UNITED STATES' TIME TO FILE A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE

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10.

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

required to file a complaint for forfeiture against the above-captioned assets and/or to obtain an indictment alleging that the above-captioned assets are subject to forfeiture shall be extended to July 5, 2011. Dated: March 31, 2011 BENJAMIN B. WAGNER United States Attorney /s/ David T. Shelledy DAVID T. SHELLEDY Assistant U.S. Attorney

Dated: March 25, 2011

/s/ Anthony P. Capozzi ANTHONY P. CAPOZZI Attorney for Potential Claimants Nasry Khalid Dablan, Edwan Khalid Dablan, and Nabila Dablan (Original signature retained by attorney)

IT IS SO ORDERED. IT IS SO ORDERED. April 6, 2011 CHIEF UNITED STATES DISTRICT JUDGE

THIRD STIPULATION AND ORDER EXTENDING THE UNITED STATES' TIME TO FILE A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE

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