United States v. Approximately $17,285.00 in U.S. Currency

Filing 46

SECOND STIPULATION and ORDER DISMISSING CASE signed by Magistrate Judge Gary S. Austin on 1/14/2015. CASE CLOSED.(Lundstrom, T)

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BENJAMIN B. WAGNER
United States Attorney
JEFFREY A. SPIVAK
Assistant United States Attorney
United States Courthouse
501 I Street, Suite 10-100
Sacramento, California 95814
Telephone: [phone]
Facsimile: [phone]

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Attorney 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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UNITED STATES OF AMERICA,
Plaintiff,

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v.
APPROXIMATELY $17,285.00 IN U.S.
CURRENCY,
Defendant.

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1:13-CV-01074-GSA
SECOND STIPULATION TO
DISMISS AND ORDER
THEREON

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WHEREAS, a Verified Complaint for Forfeiture In Rem was filed on July 12, 2013,

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seeking forfeiture of the Defendant Approximately $17,285.00 in U.S. Currency (hereafter

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“Defendant Currency”) pursuant to 21 U.S.C. § 881(a)(6) (ECF #1);

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WHEREAS, on December 16, 2014, the parties submitted a stipulation and request

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to dismiss the instant action, with each party agreeing to bear its own attorney’s fees (the

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“First Stipulation to Dismiss”) (ECF #37);

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WHEREAS, on December 19, 2014, Claimant subsequently decided she wanted to

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seek attorney’s fees, and sought permission from the Court (with the United States’

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agreement) to withdraw the First Stipulation to Dismiss, which withdrawal was granted by

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the Court that same day (ECF #39-41);

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WHEREAS, after further discussions, Claimant has decided to again request that the

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Second Stipulation to Dismiss and Order
Thereon

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Court dismiss the complaint without the payment of attorney’s fees, and joins the United

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States in submitting this Second Stipulation to Dismiss.

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IT IS HEREBY STIPULATED THAT:

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1.

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The United States voluntarily moves to dismiss this action pursuant to Rule

41(a)(2) of the Federal Rules of Civil Procedure. Claimant does not oppose the dismissal.

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2.

The parties agree to bear their own costs and attorney’s fees.

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3.

Once the action is ordered dismissed, the United States will return to

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Claimant the assets that are the subject of this case, $17,285.00, together with accrued

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interest as calculated by the USMS (which amount was $17.63 as of December 15, 2014),

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via Claimant’s attorney, Raymond N. Baker, Attorney at Law, 770 A Street, Suite 304,

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Hayward, California 94541.

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DATED: January 13, 2015

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/s/ Jeffrey A. Spivak
JEFFREY A. SPIVAK
Assistant United States Attorney

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BENJAMIN B. WAGNER
United States Attorney

DATED: January 9, 2015

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/s/ Raymond N. Baker
RAYMOND N. BAKER
Attorney for Claimant Debra A. Pereira
(Original signature retained by attorney)
ORDER

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Based on the stipulation of the parties set forth above, this action is dismissed

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pursuant to Federal Rules of Civil Procedure 41(a)(1)(A)(ii) and 41(a)(2). Each party shall

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bear its own costs and attorney’s fees.

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IT IS SO ORDERED.

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Dated:

January 14, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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Second Stipulation to Dismiss and Order
Thereon

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Second Stipulation to Dismiss and Order
Thereon