United States of America v. Real Property Located at 6415 North Harrison Avenue, Fresno, Fresno County, California, APN: 407-751-08

Filing 99

ORDER DENYING Stipulation and Request to Continue Status Conference (Doc. 98). The Status Conference set for February 2, 2016 at 8:30 am before Judge Barbara A. McAuliffe will REMAIN on the calendar as set. At the Status Conference, the pa rties should be prepared to discuss the status of settlement and a submission date for the dispositive documents in this matter. The parties may appear telephonically by arranging a one-line conference call and calling chambers at 559-499-5789. signed by Magistrate Judge Barbara A. McAuliffe on 1/29/2016. (Herman, H)

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

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Attorneys for the United States

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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Plaintiff,

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v.
REAL PROPERTY LOCATED AT 6415
NORTH HARRISON AVENUE, FRESNO,
FRESNO COUNTY, CALIFORNIA, APN:
407-751-08, INCLUDING ALL
APPURTENANCES AND
IMPROVEMENTS THERETO, AND,
2005 MERCEDES-BENZ E500, LICENSE:
5KRF178, VIN: WDBU70J85A664340,
Defendants.
____________________________________

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Case No. 1:11-CV-00304-BAM
ORDER DENYING STIPULATION AND
REQUEST TO CONTINUE STATUS
CONFERENCE

The United States of America, Claimant Bok Hee Ee (“Bok Hee Ee”), Claimant Judy Ee (“Judy

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Ee”) and Claimant Bank of the West (“Bank of the West” and, together with Bok He Ee and Judy Ee,

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collectively, the “Claimants”),by and through their respective counsel, stipulate and request that the Court

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continue the mandatory scheduling conference presently set for February 2, 2016, at 8:30 a.m. to March 8,

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2016, at 8:30 a.m. (or to a date and time as the Court deems appropriate), and the deadline to file a joint

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scheduling report to March 1,2016.

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///

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The parties have been involved in meaningful settlement discussions. On January 26, 2016, the

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United States circulated a draft settlement agreement. The agreement has been accepted by Bok Hee Ee

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and Judy Ee, and the parties are awaiting Claimant Bank of the West’s review and approval of the

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settlement (counsel for Bank of the West has communicated the offer to his client and is awaiting

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response). The parties believe that a settlement should be accomplished within the next 30 days and

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request that the February 2, 2016, Scheduling Conference be continued to March 8, 2016 to allow

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settlement negotiations to materialize.

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Dated: January 28, 2016

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BENJAMIN B. WAGNER
United States Attorney

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/s/ Jeffrey A. Spivak
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JEFFREY A. SPIVAK
Assistant United States Attorney

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Dated: January 28, 2016

/s/ Brenda Grantland
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BRENDA GRANTLAND
Attorney for Bok Hee Ee and Judy Ee

Dated: January 28, 2016

/s/ Homan Mobasser
HOMAN MOBASSER
Attorney for Bank of the West

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d

ORDER

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The Parties’ above Stipulation and Proposed Order to continue the Status Conference is DENIED.

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(Doc. 98). The Status Conference set for February 2, 2016 at 8:30 am before Judge Barbara A. McAuliffe

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will REMAIN on the calendar as set. At the Status Conference, the parties should be prepared to discuss

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the status of settlement and a submission date for the dispositive documents in this matter. The parties

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may appear telephonically by arranging a one-line conference call and calling chambers at 559-499-5789.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

January 29, 2016

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UNITED STATES MAGISTRATE JUDGE

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A. McAuliffe

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