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

Filing 80

STIPULATION and Status Report and ORDER signed by Magistrate Judge Gary S. Austin on 1/9/2014. Status Conference currently set for 1/14/2014 is CONTINUED to 2/13/2014 at 10:30 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
[phone] Telephone
[phone] Facsimile

6

Attorneys for the United States

1
2
3
4

7

IN THE UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
10
11
12
13
14
15
16
17

) 1:11-CV-01251-GSA
)
Plaintiff,
)
) STIPULATION AND STATUS REPORT
v.
)
)
)
APPROXIMATELY $77,000.00 IN
)
U.S. CURRENCY,
)
)
Defendant.________ )
UNITED STATES OF AMERICA,

Pursuant to the Court’s December 20, 2013 Order (“Order”),ECF No. 76, the United
States and Claimant Felix Velasco, by and through counsel, submit the following

18
19
20

Stipulation and Status Report.
1.

Pursuant to the Court's Order (ECF No. 76 at p. 16), the parties have met and

21

conferred several times regarding the procedural posture of the instant action

22

and procedural steps needed to be taken, and have discussed, for example,

23

whether either party's claim is extinguished upon the death of Claimant Felix

24
25
26

Velasco, whether the Estate of Claimant is properly substituted in to the
instant action or properly should file a new claim/answer, and the respective

27
28
29

1

Stipulation and Status Report

legal bases and ramifications thereof. These communications are ongoing.

1
2.

2

As a result, the parties believe that additional time is necessary before the

3

parties are able to discuss discovery, or provide feasible trial dates and pre-

4

trial deadlines.

5

3.

As such, the parties hereby stipulate and request that the court vacate the

6
currently set status conference on January 14, 2014; and re-set a status

7

conference for February 13, 2014, in Courtroom 10 at 10:30 a.m.

8
4.

9
10

The parties also stipulate and agree that the time period from January 7,
2014, up to and including the date in which the status conference hearing is

11

re-set by the Court, is excepted from the 90-day time period in which to move

12
for substitution pursuant to Rule 25(a)(1).

13
5.

14

conference.

15
16
17

The parties will provide the court a status report one week prior to the status

Dated: January 7, 2014

18

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

19
20
21

BENJAMIN B. WAGNER
United States Attorney

Dated: January 7, 2014

22
23

///

24

///

25

///

26

/s/ Edward Burch
EDWARD BURCH
Attorney for Claimant

///

27
28
29

2

Stipulation and Status Report

1
ORDER

2

Based on the parties’ stipulation set forth above, the status conference currently set

3
4

for January 14, 2014 is continued to February 13, 2014, in Courtroom 10 at 10:30 a.m. The

5

parties are required to file a joint status-report one week prior to the status conference.

6
7
8
9
10

IT IS SO ORDERED.

11
12
13

Dated:

January 9, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC_Sign ature-END:

6i0kij8d

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29

3

Stipulation and Status Report