United States v. Approximately $77,000.00 in U.S. Currency
Filing
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STIPULATION TO CONTINUE MOTION DATES AND ORDER THEREON signed by District Judge Lawrence J. O'Neill on October 13, 2011. Motion Hearing currently set for 10/31/2011 is VACATED. (Munoz, I)
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BENJAMIN B. WAGNER
United States Attorney
HEATHER MARDEL JONES
Assistant U.S. Attorney
2500 Tulare Street, Suite 4401
Fresno, California 93721
Telephone: (559) 497-4000
Facsimile: (559) 497-4099
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Attorneys for the United States
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IN THE UNITED STATES DISTRICT COURT FOR THE
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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.
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APPROXIMATELY $77,000.00 IN
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U.S. CURRENCY,
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Defendant.
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_____________________________________)
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STIPULATION TO CONTINUE
MOTION DATES AND ORDER
THEREON
(First Request)
Claimant Felix Velasco and plaintiff United States of America, by and
through their undersigned attorneys, hereby stipulate as follows:
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1:11-CV-01251-LJO-GSA
1.
This stipulation is executed by all parties who have appeared in and
are affected by this action.
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2.
The parties are requesting an extension of the briefing dates for the
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Claimant’s Motion for Summary Judgment, as well as a corresponding
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postponement of the hearing on the Motion for Summary Judgment, due to the need
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for additional time to review the lengthy Motion and prepare the response and
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coupled with the fact that counsel for the United States in this action will be absent
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from the State of California and will be in South Carolina for training purposes
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from October 17, 2011 through October 21, 2011.
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///
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Stipulation to Continue Motion Dates and Order Thereon
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3.
The parties stipulate and agree that the responsive brief to be filed on
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behalf of the United States can be postponed from October 17, 2011 until November
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4, 2011.
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4.
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The parties stipulate and agree that the reply brief to be filed on
behalf of Claimant can be postponed from October 24, 2011 to November 18, 2011.
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The parties further agree, and hereby request permission from the
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court, that the hearing on the Motion for Summary Judgment be postponed from
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October 31, 2011 to November 29, 2011. Alternatively, if the court is unable to
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accommodate the request for November 29, 2011, the parties suggest November 23,
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2011, as an alternate option for the re-scheduling of the hearing on the Motion for
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Summary Judgment.
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6.
This is the Parties’ first request for an extension and no further
extensions are currently anticipated.
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Respectfully submitted,
BENJAMIN B. WAGNER
United States Attorney
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Date: October 12, 2011
/s/ Heather Mardel Jones
HEATHER MARDEL JONES
Assistant United States Attorney
Date: October 12, 2011
/s/ Edward Michael Burch
EDWARD MICHAEL BURCH
Attorney for Claimant Felix Velasco
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ORDER
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Based on the parties’ stipulation, this Court:
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1.
VACATES the October 31, 2011 summary judgment hearing;
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2.
ORDERS the United States, no later than November 4, 2011, to file
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and serve papers to respond to Claimant’s summary judgment motion;
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and
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3.
ORDERS Claimant, no later than November18, 2011, to file and serve
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Stipulation to Continue Motion Dates and Order Thereon
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summary judgment reply papers.
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Pursuant to its practice, this Court will consider Claimant’s summary
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judgment motion on the record without a hearing, unless this Court orders
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otherwise.
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Due to having the heaviest district court caseload in the nation, limited resources, and the
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need to prioritize criminal and older civil matters over more recently filed actions, this Court
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ADMONISHES the parties that it is unable to commit to address this action to meet the parties’
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needs and expectations. As such, this Court urges Claimant to reconsider the conduct of all
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further proceedings by a U.S. Magistrate Judge, whose caseload and availability is more
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accommodating to the parties.
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IT IS SO ORDERED.
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Dated:
66h44d
October 13, 2011
/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE
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Stipulation to Continue Motion Dates and Order Thereon
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