Nottoli, et al v. United States of America

Filing 28

THIRD Joint STIPULATION (Doc. 27) to Extend STAY of Civil Proceedings and Tolling of any Applicable Filing Deadlines; ORDER thereon: stay of action is EXTENDED until 6/19/2014. Status Conference (continued from 4/24/2014) is set for June 19, 20 14 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. One week prior to the expiration of the stay, the parties shall file a joint status report informing the court whether a continuation of the stay is necessary. signed by Magistrate Judge Barbara A. McAuliffe on 4/17/2014. (Herman, H)

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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
THIRD JOINT STIPULATION TO
EXTEND STAY OF CIVIL
PROCEEDINGS AND TOLLING
OF ANY APPLICABLE FILING
DEADLINES; ORDER THEREON

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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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Third Joint 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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Third Joint Stipulation to Extend Stay

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

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4. On October 23, 2013, the parties stipulated and agreed that it was in the interests of

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justice that the Court stay the instant matter. ECF No. 21.

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5. On October 24, 2013, the Court ordered the case stayed until January 30, 2014, and

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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. ECF Nos. 23 & 24.

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7. On February 24, 2014, the parties again jointly requested, and on February 25, 2014

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the Court ordered an extension of the stay of the instant civil action until April 24,

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2014. ECF Nos. 25 & 26.

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8. Since that time, the parties have been in near daily communication as part of the

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continued and ongoing meetings and discussions concerning the possible pre-

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indictment resolution of this matter. As such, the parties again jointly request an

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extension of the current stay until June 20, 2014.

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9. 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.

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Third Joint Stipulation to Extend Stay

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10. 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.

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Dated: April 16, 2014

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

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BENJAMIN B. WAGNER
United States Attorney

Dated: April 16, 2014
/s/ Patrick K. Hanly
PATRICK K. HANLY
COURTNEY J. LINN
Attorneys for Plaintiffs

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ORDER

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Based on the stipulation of the parties (Doc. 27), the stay in this action is hereby

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EXTENDED until June 19, 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 June 19, 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

April 17, 2014

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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Third Joint Stipulation to Extend Stay