Nottoli, et al v. United States of America

Filing 22

ORDER STAYING CASE and Setting Status Conference signed by Magistrate Judge Barbara A. McAuliffe on 10/23/2013. Status Conference set for 1/30/2014 at 10:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Jessen, 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
[phone] Telephone
[phone] 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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VICTOR A. NOTTOLI, et al.,

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Plaintiffs,

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v.
UNITED STATES OF AMERICA,
Defendant.

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1:13-CV-01551-LJO-BAM
STIPULATION AND ORDER FOR
STAY OF CIVIL PROCEEDINGS
AND TOLLING OF ANY
APPLICABLE FILING
DEADLINES

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IT IS HEREBY STIPULATED between the United States of America and Plaintiffs

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Victor A. Nottoli, Jun Wu, Dezheng Wu, The Only Source Corporation, BioNaturals, Inc.,

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and Victor A. Nottoli and Jun Wu Living Trust, by and through their respective counsel,

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that a stay is sought to allow the parties to pursue pre-indictment discussions that may

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lead to the resolution of this matter and others.

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1. On or about June 26, 2013, the Drug Enforcement Administration and the Internal

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Revenue Service-Criminal Investigations, conducted seizures of bank accounts and

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other assets, including a large number of gift cards and sums of U.S. Currency from

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Plaintiffs’ residence, business, and safe deposit box. The affidavits remain sealed.

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2. On September 12, 2013, Plaintiffs initiated this matter in the Eastern District of
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Stipulation for Stay

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California, Nottoli et al. v. United States of America, 1:13-CV-01551-LJO-BAM, ECF
No. 2.

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3. On October 8, 2013, Plaintiffs filed their Summons Returned Executed, with a service

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date of September 30, 2013, making the responsive pleading by the United States

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due to be filed on November 29, 2013. ECF No. 20.

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4. The parties stipulate and agree that it is in the interests of justice that the Court

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stay this matter. The parties are actively engaged in discussions that may lead to a

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resolution of both this matter and the parallel criminal investigation, and seek to

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pursue those negotiations before further litigating the issues raised in the motion.

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5. Therefore, due to the discussions between the parties, the parties jointly request a

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stay of the instant civil action until January 31, 2014.

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6. One week prior to the expiration of the stay, the parties shall file a joint status report

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informing the court whether a continuation of the stay is necessary or, if not, then

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resetting the hearing and responsive pleading deadlines.

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7. Additionally, the parties agree and stipulate that any applicable civil asset forfeiture

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or criminal asset forfeiture filing deadlines with regard to the seized assets shall be

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likewise tolled for the period covered by the stay, thus excepting the time during the

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pendency of the stay from any computation of filing deadlines.

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Dated: October 23, 2013

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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Dated: October 23, 2013

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Stipulation for Stay

/s/ Courtney J. Linn
COURTNEY J. LINN
Attorney for Plaintiffs

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ORDER

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Based on the stipulation of the parties (Doc. 21), this action is hereby STAYED until

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January 30, 2014. Any applicable civil asset forfeiture or criminal asset forfeiture filing

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deadlines with regard to the seized assets shall be likewise tolled for the period covered by

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the stay.

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The Court sets a status conference for January 30, 2014, at 10:00 AM, in Courtroom

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8, before United States Magistrate Judge Barbara A. McAuliffe. One week prior to the

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expiration of the stay, the parties shall file a joint status report informing the court whether

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a continuation of the stay is necessary.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

October 23, 2013

A. McAuliffe

UNITED STATES MAGISTRATE JUDGE

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Stipulation for Stay