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

Filing 42

STIPULATION and ORDER GRANTING claimant's Motion for Stay, document 30 , with the exception of the pending Motion for Interlocutory Sale. The Court reserves its rulings on the United States' Motion for Interlocutory Sale pending further b riefing and orders as follows: the United States shall have an appraisal of the defendant vehicles conducted no later than 2/10/2012; upon obtaining the results of the appraisal, the United States and counsel for claimants shall meet and confer regar ding a stipulation for the sale of all or part of the defendant vehicles; the United States shall file any supplemental briefing by 2/21/2012; counsel for claimants shall file any response by 2/28/2012; any reply to be filed by 3/2/2012; and, the con tinued hearing on the Motion for Interlocutory Sale shall be heard on 3/14/2012 at 9:30 am before Magistrate Judge Sheila K. Oberto. The Court further VACATES the scheduling conference currently set for 1/19/2012 with counsel for claimants directed to provide a status update regarding the criminal proceedings at the 3/14/2012 hearing; order signed by Magistrate Judge Sheila K. Oberto on 1/12/2012. (Rooney, M)

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BENJAMIN B. WAGNER
United States Attorney
HEATHER MARDEL JONES
Assistant U.S. Attorney
United States Courthouse
2500 Tulare Street, Suite 4401
Fresno, California 93721
Telephone: [phone]
Facsimile: [phone]

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Attorneys for the United States

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

) 1:11-CV-01110-AWI-SKO
)
Plaintiff,
) STIPULATION AND ORDER AFTER
) HEARING
v.
)
)
APPROXIMATELY $7,562.00 IN U.S. )
CURRENCY;
)
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1972 OLDSMOBILE 442,
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NO LICENSE PLATE,
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VIN: 3J67K2M211271;
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1965 FORD MUSTANG, NO LICENSE )
PLATE, VIN: 5R07A128707;
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2008 CHEVROLET MALIBU,
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LICENSE:6LFA733,
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VIN: 1G1ZG57B88F193345;
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2006 LEXUS GS300,
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LICENSE: 5MJJ752,
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VIN: JTHBH96S765000098;
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1969 CHEVROLET TRUCK,
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NO LICENSE PLATE,
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VIN: CE149Z825738;
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1962 CHEVROLET IMPALA,
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NO LICENSE PLATE,
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VIN: 2186F302848;
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1976 HARLEY DAVIDSON
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MOTORCYCLE, LICENSE: 15U3097, )
VIN: 9D18597H6;
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1965 FORD MUSTANG, LICENSE:
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Stipulation and Order After Hearing

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CZW446, VIN: 5R07C177883;

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2007 PONTIAC G6,
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LICENSE: 6HQG262,
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VIN: 1G2ZH58N974231581;
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2008 PONTIAC G6,
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LICENSE: 6LTN600,
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VIN: 1G2ZM577184198639; and,
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2007 CHEVROLET TRUCK,
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LICENSE: 8K96671,
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VIN: 3GCEC13C07G549423,
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Defendants.
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_____________________________________)

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IT IS HEREBY STIPULATED by and between the United States of America
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and Claimants Edwan Khalid Dablan, Nasry Khalid Dablan, Nabila Dablan, Hana
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Sadeddeen Dablan, (hereafter collectively “Claimants”) and their counsel of record,
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as follows:
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The United States filed a Verified Complaint for Forfeiture In Rem on July5,
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2011.
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Claimants filed their claims on September 26, 2011. No answer to the
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United States’ Verified Complaint has yet been filed by any appearing claimant in
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this case.
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Claimants filed a motion to stay on October 18, 2011, and the United States
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filed a motion for interlocutory sale on November 16, 2011, both matters of which
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were heard on January 11, 2012, at 9:30 a.m. before Magistrate Judge Sheila K.
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Oberto. Heather Mardel Jones, Esq., appeared on behalf of the United States.
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Nicholas Capozzi, Esq., appeared on behalf of Claimants.
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Upon argument and submission by the parties, the Court ordered as follows:
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1.

Claimant’s Motion for Stay is GRANTED pursuant to 18 U.S.C.981(g),

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with the exception of the pending Motion for Interlocutory Sale.
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2.

The Court RESERVES its rulings on the United States’ Motion for

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Interlocutory Sale pending further briefing, and orders as follows:
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a.

The United States shall have an appraisal of the defendant
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Stipulation and Order After Hearing

vehicles conducted by no later than February 10, 2012.

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b.

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Upon obtaining the results of the appraisal, the United States

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and counsel for Claimants shall meet and confer regarding a

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stipulation for the sale of all or part of the defendant vehicles.
c.

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The United States shall file any supplemental briefing no later
than February 21, 2012.

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d.

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Counsel for Claimants shall file any response no later than
February 28, 2012.

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e.

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The United States shall file any reply no later than
March 2, 2012.

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3.

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The continued hearing on the Motion for Interlocutory Sale shall be

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heard on March 14, 2012, at 9:30 a.m. before Magistrate Judge

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Sheila K. Oberto.
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The Scheduling Conference, currently scheduled for January 19, 2012,

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is VACATED. Counsel for Claimants is to provide a status update

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regarding the criminal proceedings at the hearing on March 14, 2012.
Respectfully submitted,

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Dated: January 12, 2012

BENJAMIN B. WAGNER
United States Attorney

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/s/ Heather Mardel Jones
HEATHER MARDEL JONES
Assistant United States Attorney

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Dated: January 12, 2012

/s/ Nicholas Capozzi
NICHOLAS CAPOZZI
Attorneys for Claimants

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IT IS SO ORDERED.

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Dated:
ie14hj

January 13, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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Stipulation and Order After Hearing