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

Filing 85

STIPULATION to Extend Local Rule 160 Deadline to File Final Dispositional Documents; ORDER Thereon signed by Magistrate Judge Gary S. Austin on 2/28/2014. (Martinez, A)

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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 (559) 497-4000 Telephone (559) 497-4099 Facsimile 6 Attorneys for the United States 1 2 3 4 7 8 9 10 11 IN THE UNITED STATES DISTRICT COURT 12 EASTERN DISTRICT OF CALIFORNIA 13 14 15 16 17 18 19 20 UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) ) APPROXIMATELY $77,000.00 IN ) U.S. CURRENCY, ) ) Defendant.________ ) 1:11-CV-01251-GSA STIPULATION TO EXTEND LOCAL RULE 160 DEADLINE TO FILE FINAL DISPOSITIONAL DOCUMENTS; ORDER THEREON 21 22 IT IS HEREBY STIPULATED by and between the parties, the United States of 23 24 America and sole claimant, Felix Velasco via Mary I. Brock on behalf of Felix U. Velasco 25 and as Administrator of the Estate of Felix Velasco (hereafter “Claimant”), by and through 26 their respective counsel of record, as follows: 27 28 29 1 Stipulation to Extend Rule 160 Deadline; Order Thereon 1. 1 2 February 6, 2014. ECF No. 82. 2. 3 4 5 The parties, having reached a settlement, filed a Notice of Settlement on Pursuant to Local Rule 160, and as reflected in the Minute Order issued by the Court on February 6, 2014 (ECF No. 83), the parties were required to file the final dispositional documents by February 27, 2014, unless good cause is shown. 6 3. 7 Based on good cause shown herein, the parties now jointly agree and request 8 to extend the deadline by which final dispositional documents are to be filed, to April 30, 9 2014. 10 11 4. Good cause appears for an extension of the Local Rule 160 deadlines as follows: due to the recent filing of the Amended Complaint, the United States is required to 12 13 re-publish the Notice of the Forfeiture Action and re-serve known potential claimants with 14 notice of the forfeiture action. The publication and notice deadlines have not yet run, but 15 are expected to be completed no later than April 10, 2014. 16 /// 17 /// 18 19 /// 20 /// 21 /// 22 /// 23 /// 24 25 26 /// /// 27 28 29 2 Stipulation to Extend Rule 160 Deadline; Order Thereon 5. 1 Upon the expiration of the notice deadlines, and as stipulated to by the United 2 States and Claimant in the Stipulation to Final Judgment of Forfeiture (“Settlement 3 Agreement”), the United States will then file the necessary documents to obtain the default 4 judgment of the remaining non-appearing parties and as to all other persons. Upon 5 issuance of the Order of Default Judgment by the Court, the United States will then file the 6 7 8 9 final dispositional documents. It is anticipated that this process can be completed by April 30, 2014. Dated: February 27, 2014 10 BENJAMIN B. WAGNER United States Attorney /s/ Heather Mardel Jones HEATHER MARDEL JONES Assistant United States Attorney 11 12 13 /s/ Edward M. Burch EDWARD M. BURCH Attorney for Claimant 14 15 ORDER 16 The Court adopts the parties’ stipulation set forth above. Accordingly, final 17 18 dispositional documents in this case shall be filed on or before April 30, 2014. 19 20 21 22 IT IS SO ORDERED. Dated: 23 February 28, 2014 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 24 25 DEAC_Sign ature-END: 6i0kij8d 26 27 28 29 3 Stipulation to Extend Rule 160 Deadline; Order Thereon

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