United States v. Approximately $77,000.00 in U.S. Currency

Filing 50

STIPULATION and ORDER to Continue Hearing on Claimant Felix Velasco's Motion to Dismiss and United States' Motion for Leave to Amend Complaint signed by Magistrate Judge Gary S. Austin on 1/31/2013. Motions 44 and 47 currently set for hearing on 2/15/2013 are CONTINUED to 3/8/2013 at 09:30 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin.(Martinez, A)

5

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

6

Attorneys for the United States

1
2
3
4

7
8

IN THE UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

UNITED STATES OF AMERICA,
Plaintiff,

12
13
14

v.
APPROXIMATELY $77,000.00 IN U.S.
CURRENCY,

15

Defendant.

16
17
18
19

)
)
)
)
)
)
)
)
)
)
)

1:11-CV-01251-GSA
STIPULATION AND ORDER TO
CONTINUE HEARING ON
CLAIMANT FELIX VELASCO’S
MOTION TO DISMISS AND UNITED
STATES’ MOTION FOR LEAVE TO
AMEND COMPLAINT

It is hereby stipulated between plaintiff United States of America and Claimant Felix
Velasco (hereafter “Claimant”), by and through their undersigned attorneys, as follows:
1.

On January 18, 2013, Claimant filed a Motion to Dismiss Forfeiture

20

Complaint. The motion is set for hearing on February 15, 2013, at 9:30 a.m. before

21

Honorable Gary S. Austin.

22

2.

On January 25, 2013, the United States filed a Motion for Leave to Amend

23

Complaint, the hearing of which was also set for February 15, 2013 at 9:30 a.m. before

24

Honorable Gary S. Austin. This motion was scheduled in error; the hearing should be set

25

for hearing on February 22, 2013.

26

3.

The Assistant United States Attorney assigned to this case will be on leave to

27

the National Advocacy Center (NAC) in South Carolina from February 11, 2013 to and

28

through February 15, 2013 and will be unable to attend the February 15, 2013 hearing. In

29

Stipulation and Order to Continue Hearing on Claimant
Felix Velasco’s Motion to Dismiss and United States’
Motion for Leave to Amend Complaint

30

1

1

addition, the undersigned Assistant U.S. Attorney is the sole forfeiture attorney in the

2

United States Attorney’s Office and requesting another Assistant United States Attorney to

3

appear on her behalf will not suffice to adequately represent the United States’ interests in

4

this case.
4.

5

In order to avoid duplication of efforts, as the motions involve the same issue

6

and should be considered together, the parties stipulate to continue both hearings to March

7

8, 2013.

8

Wherefore, the parties hereby stipulate to continue the hearing on Claimant’s motion

9

to dismiss and the United States’ motion for leave to amend until March 8, 2013, or as soon

10

thereafter as the matter may be heard, and to continue the briefing schedule in accordance

11

with the continued hearing date.
Respectfully submitted,

12
13

Dated: January 30, 2013

BENJAMIN B. WAGNER
United States Attorney

14
15

/s/ Heather Mardel Jones
HEATHER MARDEL JONES
Assistant U.S. Attorney
Attorneys for the United States

16
17
18
19

Dated: January 30, 2013

20
21

/s/ Edward M. Burch
EDWARD M. BURCH
Attorney for Claimant
Felix Velasco
(Original signature retained by attorney)

22
23
24

IT IS SO ORDERED.
Dated:

25

January 31, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC_Sign ature-END:

26
27

6i0kij8d

28
29
30

2

Stipulation and Order to Continue Hearing on Claimant
Felix Velasco’s Motion to Dismiss and United States’
Motion for Leave to Amend Complaint