United States v. Approximately $77,000.00 in U.S. Currency
Filing
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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)
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BENJAMIN B. WAGNER
United States Attorney
HEATHER MARDEL JONES
Assistant United States Attorney
United States Courthouse
2500 Tulare Street, Suite 4401
Fresno, California 93721
(559) 497-4000 Telephone
(559) 497-4099 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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) 1:11-CV-01251-GSA
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Plaintiff,
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) STIPULATION AND STATUS REPORT
v.
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APPROXIMATELY $77,000.00 IN
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U.S. CURRENCY,
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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
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Stipulation and Status Report.
1.
Pursuant to the Court's Order (ECF No. 76 at p. 16), the parties have met and
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conferred several times regarding the procedural posture of the instant action
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and procedural steps needed to be taken, and have discussed, for example,
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whether either party's claim is extinguished upon the death of Claimant Felix
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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
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Stipulation and Status Report
legal bases and ramifications thereof. These communications are ongoing.
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2.
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As a result, the parties believe that additional time is necessary before the
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parties are able to discuss discovery, or provide feasible trial dates and pre-
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trial deadlines.
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3.
As such, the parties hereby stipulate and request that the court vacate the
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currently set status conference on January 14, 2014; and re-set a status
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conference for February 13, 2014, in Courtroom 10 at 10:30 a.m.
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4.
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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
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re-set by the Court, is excepted from the 90-day time period in which to move
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for substitution pursuant to Rule 25(a)(1).
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5.
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conference.
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The parties will provide the court a status report one week prior to the status
Dated: January 7, 2014
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/s/ Heather Mardel Jones
HEATHER MARDEL JONES
Assistant United States Attorney
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BENJAMIN B. WAGNER
United States Attorney
Dated: January 7, 2014
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///
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///
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///
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/s/ Edward Burch
EDWARD BURCH
Attorney for Claimant
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Stipulation and Status Report
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ORDER
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Based on the parties’ stipulation set forth above, the status conference currently set
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for January 14, 2014 is continued to February 13, 2014, in Courtroom 10 at 10:30 a.m. The
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parties are required to file a joint status-report one week prior to the status conference.
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IT IS SO ORDERED.
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Dated:
January 9, 2014
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
DEAC_Sign ature-END:
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Stipulation and Status Report
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