Nottoli, et al v. United States of America
Filing
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STIPULATION to Extend STAY of Civil Proceedings and Tolling of Any Applicable Filing Deadlines; ORDER. Based on stiuplation (Doc. 25), the stay in this action is hereby EXTENDED until 4/24/2014. The Court sets a Status Conference set for April 24, 2014 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. signed by Magistrate Judge Barbara A. McAuliffe on 2/24/2014. (Herman, H)
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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 TO EXTEND
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, to
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extend the stay that is currently in place, to allow the parties additional time to pursue pre-
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indictment discussions that may 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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The seized assets are as follows:
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Stipulation to Extend Stay
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a. $818,890.00 seized from Citibank Account #40019819131, held in the name of De
Zheng Wu with Jun Wu as Power of Attorney
b. $730,000.00 seized from Metro United Account #760052602, held in the name of
Victor A. Nottoli and Jun Wu Living Trust
c. $680,000.00 seized from JPMorgan Account #2973285105, held in the name of De
Zheng Wu with Jun Wu as Power of Attorney
d. $488,800.00 seized from Wells Fargo Account #9763356988, held in the name of
De Zheng Wu with Jun Wu as Power of Attorney
e. $300,000.00 in U.S. Currency seized from Bank of America Safe Deposit Box
5961N, held in the name of Victor Nottoli and Jun Wu
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f. $275,722.00 in U.S. Currency seized from 20 Madrone Place, Hillsborough, CA
g. $150,000.00 seized from HSBC Account #277-46861-2, held in the name of Victor
Anthony Nottoli and Jun Wu
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h. $48,061.76 seized from Bank of America Account #164102381136, held in the
name of The Only Source Corporation
i. $40,180.80 seized from Bank of America Account #325012948880, held in the
name of Victor A. Nottoli and Jun Wu Living Trust
j. 109 assorted gift cards with a combined value of approximately $35,959.91 seized
from Victor Nottoli, 20 Madrone Place, Hillsborough, CA
k. $28,196.21 seized from Bank of America Account #383412969, held in the name
De Zheng Wu with Jun Wu as Power of Attorney
l. $9,732.31 seized from Bank of America Account #1269615448, held in the name of
BioNaturals, Inc.
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m. $2,705.00 in U.S. Currency seized from The Stuffed Pipe, 5135 W. Shaw Ave,
Fresno, CA
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2. On September 12, 2013, Plaintiffs initiated the instant matter in the Eastern District
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of California, Nottoli et al. v. United States of America, 1:13-CV-01551-LJO-BAM,
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ECF No. 2.
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3. On October 8, 2013, Plaintiffs filed their Summons Returned Executed, with a service
date of September 30, 2013, making the responsive pleading by the United States
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Stipulation to Extend Stay
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due to be filed on November 29, 2013. ECF No. 20.
4. On October 23, 2013, the parties stipulated and agreed that it was in the interests of
justice that the Court stay the instant matter. ECF No. 21.
5. On October 24, 2013, the Court ordered the case stayed until January 30, 2014, and
set a status hearing for January 30, 2014, at 10:00 a.m., in Courtroom 4, before the
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Honorable Magistrate Judge Barbara A. McAuliffe. ECF No. 22.
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6. On January 22, 2014, the parties again jointly requested, and on January 24, 2014
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the Court ordered an extension of the stay of the instant civil action until March 6,
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2014.
7. Due to the continued and ongoing meetings and discussions currently taking place
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between the parties, the parties again jointly request an extension of the current stay
until April 18, 2014.
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8. 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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providing suggested responsive pleading deadlines and requesting resetting of the
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motion hearing.
9. Additionally, the parties continue to agree and stipulate that any applicable civil
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asset forfeiture or criminal asset forfeiture filing deadlines with regard to the seized
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assets shall be likewise tolled for the period covered by the extended stay, thus
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excepting the time during the pendency of the stay from any computation of filing
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deadlines.
Dated: February 24, 2014
BENJAMIN B. WAGNER
United States Attorney
/s/ Heather Mardel Jones
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Stipulation to Extend Stay
HEATHER MARDEL JONES
Assistant United States Attorney
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Dated: February 24, 2014
/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. 25), the stay in this action is hereby
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EXTENDED until April 24, 2014. Any applicable civil asset forfeiture or criminal asset
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forfeiture filing deadlines with regard to the seized assets shall be likewise tolled for the
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period covered by the stay.
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The Court sets a status conference for April 24, 2014, at 9:00 AM, in Courtroom 8,
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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
February 24, 2014
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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Stipulation to Extend Stay
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