United States of America v. Approximately $48,000.00 in U.S. Currency

Filing 13

Request and ORDER to (1) Continue Scheduling Conference and (2) Continue Deadline to File Joint Scheduling Report. Initial Scheduling Conference is continued from April 23, 2015 at 9:00 AM to Friday, June 26, 2015 at 11:00 AM in Court room 8 (BAM) before Magistrate Judge Barbara A. McAuliffe, and (2) the deadline to file a Joint Scheduling Report (JSR) is continued from April 16, 2015 to June 18, 2015. signed by Magistrate Judge Barbara A. McAuliffe on 4/20/2015. (Herman, H)

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BENJAMIN B. WAGNER
United States Attorney
JEFFREY A. SPIVAK
Assistant U.S. Attorney
2500 Tulare Street, Suite 4401
Fresno, California 93721
Telephone: [phone]
Facsimile: (559) 497-404099
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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UNITED STATES OF AMERICA,

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Plaintiff,

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1:14-CV-02054---BAM

v.
APPROXIMATELY $48,000.00 IN U.S.
CURRENCY,
Defendant.

REQUEST AND ORDER TO (1)
CONTINUE SCHEDULING
CONFERENCE AND (2)
CONTINUE DEADLINE TO
FILE JOINT SCHEDULING
REPORT

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The United States requests that the Court (1) continue the initial scheduling

19 conference from April 23, 2015 at 9:00 AM to June 25, 2015 at 9:00 AM, or to a date the
20 Court deems appropriate, and (2) continue the deadline to file a Joint Scheduling Report
21 (“JSR”) from April 16, 2015 to June 18, 2015, or to a date the Court deems appropriate.
22 For the reasons set forth below, there is good cause to continue the scheduling conference
23 and the deadline to file a JSR.
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Introduction
On December 22, 2014, the United States filed a civil forfeiture complaint against

26 the above-captioned currency (“Defendant Currency”) based on its alleged involvement in
27 federal drug law violations. All known potential claimants to the defendant properties
28 were served in a manner consistent with Dusenbery v. United States, 534 U.S. 161, 168

1 (2002) and the applicable statutory authority. Additionally, public notice on the official
2 internet government forfeiture site, www.forfeiture.gov, began on December 31, 2014, and
3 ran for thirty consecutive days, as required by Rule G(4)(a)(iv)(C) of Supplemental Rules
4 for Admiralty or Maritime Claims and Asset Forfeiture Actions. A Declaration of
5 Publication was filed on February 27, 2015. Claimant Rolando Exposito (“Exposito”) was
6 served on or about January 16, 2015. Exposito filed a claim on April 9, 2015 (Doc. 9).
Good Cause

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The United States is in settlement negotiations with Rolando Exposito and expects

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9 to file settlement documents within the extension period. Otherwise, the parties will meet
10 and confer, and jointly prepare a joint scheduling report.
There is good cause to continue the initial scheduling conference and deadline to file

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12 a joint scheduling report.
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14 Dated: April 16, 2015

BENJAMIN B. WAGNER
United States Attorney

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By:

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/s/ Jeffrey A. Spivak
JEFFREY A. SPIVAK
Assistant U.S. Attorney

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ORDER

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Pursuant to the United States’ request and good cause appearing, the Court makes

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21 the following order: the initial scheduling conference is continued from April 23, 2015 at
22 9:00 AM to Friday, June 26, 2015 at 11:00 AM, and (2) the deadline to file a Joint
23 Scheduling Report (“JSR”) is continued from April 16, 2015 to June 18, 2015.
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IT IS SO ORDERED.

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Dated:
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April 20, 2015

/s/ Barbara

A. McAuliffe

UNITED STATES MAGISTRATE JUDGE