United States of America v. Approximately $7,624.85 in U.S. Currency et al

Filing 24

Stipulation and ORDER Staying Action, signed by Chief Judge Anthony W. Ishii on 9/18/2012. (Figueroa, O)

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

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Attorneys for 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,

) 1:11-CV-01937-AWI-DLB
)
Plaintiff,
) STIPULATION AND ORDER
) STAYING ACTION
v.
)
)
APPROXIMATELY $7,624.85 IN U.S. )
CURRENCY,
)
)
APPROXIMATELY $6,099.37 IN U.S. )
CURRENCY SEIZED FROM
)
RIVER CITY BANK
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ACCOUNT NUMBER 1810009790,
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and
)
)
APPROXIMATELY $17,316.20 IN
)
U.S CURRENCY SEIZED FROM
)
WELLS FARGO BANK
)
ACCOUNT NUMBER 8123978010,
)
)
Defendants.
)
_____________________________________ )

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It is hereby stipulated by and between plaintiff United States of America and

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Claimants Nancy Smith, Sara Herrin, and Jana Evans, by and through their

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respective counsels, for the above-entitled forfeiture action, as follows:

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1.

Claimants Nancy Smith, Sara Herrin, and Jana Evans are presently

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facing California state criminal charges in Tuolumne County Superior Court Case

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Nos. CRF35561, CRF35562, and CRF35564, relating to transactions or events
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Stipulation and Order Staying Action

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which form the basis for this civil forfeiture action;
2.

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The parties recognize that proceeding with this action has potential

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adverse affects on the prosecution of the related-criminal case and/or upon

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claimants Nancy Smith, Sara Herrin, and Jana Evans’ right against self-

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incrimination in the related criminal case;
3.

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Publication of the civil forfeiture action has been completed and to date

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only Nancy Smith, Sara Herrin, and Jana Evans, have filed claims or answers, or

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otherwise appeared in this action, and the time for which any other persons or

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entities to file a claim or answer has expired.

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THEREFORE, the parties to this action stipulate as follows:

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1.

Pursuant to 18 U.S.C. § 981(g), these actions shall be stayed pending

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the conclusion of the California state criminal action presently pending against

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Nancy Smith, Sara Herrin, and Jana Evans in Tuolumne County Superior Court.
2.

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Within 90 days of the resolution of the state criminal cases against

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Claimants [The People v. Nancy Smith, Case No. CRF35564; The People v. Sara

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Herrin, Case No. CRF35561; and The People v. Jana Evans, Case No. CRF35562],

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Stipulation and Order Staying Action

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the parties will notify the Court.
IT IS SO STIPULATED.

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Date: 9/17/2012

BENJAMIN B. WAGNER
United States Attorney

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

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Date: 9/14/2012

/s/ Carolyn Hagin
CAROLYN HAGIN
Attorney for Claimants
Nancy Smith, Sara Herrin,
and Jana Evans

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(original signature retained by attorney)

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IT IS SO ORDERED.
Dated:
0m8i78

September 18, 2012
CHIEF UNITED STATES DISTRICT JUDGE

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Stipulation and Order Staying Action