United States v. Approximately $145,000.00 in U.S. Currency

Filing 8

Request and ORDER to (1) Continue Mandatory Schedule Conference and (2) Extend Filing Deadline for Joint Scheduling Report. (1) the mandatory schedulingconference is continued from April 5, 2016, at 8:30 a.m. to Monday, June 6, 2016, at 9:00 a.m. before Judge McAulilffe in Courtroom 8, and (2) the deadline to file a joint scheduling report is continued from March 29, 2016, to May 27, 2016. signed by Magistrate Judge Barbara A. McAuliffe on 3/30/3016. (Herman, H)

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BENJAMIN B. WAGNER
United States Attorney
JEFFREY A. SPIVAK
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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UNITED STATES OF AMERICA,
Plaintiff,

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v.
APPROXIMATELY $145,000.00 IN U.S.
CURRENCY,

CASE NO. 1:15-CV-01890---BAM
REQUEST AND [PROPOSED] ORDER
TO (1) CONTINUE MANDATORY
SCHEDULING CONFERENCE AND (2)
EXTEND FILING DEADLINE OF JOINT
SCHEDULING REPORT

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Defendant.
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The United States requests that the Court continue the mandatory scheduling

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conference presently scheduling for April 5, 2016, at 8:30 a.m. to June 3, 2016, at 8:30 a.m. (or to a date the

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Court deems appropriate), and extend the deadline to file a Joint Scheduling Report (“JSR”) from March 29,

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2016, to May 27, 2016 (or to a date the Court deems appropriate). For the reasons set forth below, there is

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good cause to continue the scheduling conference and the JSR filing deadline.

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Introduction
On December 17, 2016, the United States filed a civil forfeiture complaint against the defendant

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approximately $145,000.00 in U.S. Currency (“Defendant Currency”) based on its alleged involvement in

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narcotics violations. All known potential claimants which potentially have an interest in the Defendant

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Currency were served in a manner consistent with Dusenbery v. United States, 534 U.S. 161, 168 (2002) and

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the applicable statutory authority. Additionally, public notice on the official internet government forfeiture

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site, www.forfeiture.gov, began on March 5, 2016, and will run for thirty consecutive days, as required by

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Rule G(4)(a)(iv)(C) of Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions.

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Publication is expected to end on April 4, 2016.
On or about March 8, 2016, the United States sent copies of the Verified Complaint for Forfeiture In

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Rem, Warrant of Arrest of Articles In Rem, Order Setting Mandatory Scheduling Conference, Order

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Assigning Sacramento District Judge, Notice of Availability of a Magistrate Judge, Notice of Availability of

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Voluntary Dispute Resolution, and notice of forfeiture letter dated March 8, 2016, to potential claimant Omar

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Lopez Hernandez (“Hernandez”) at his last-known address located at 6331 Misty Way, Citrus Heights, CA

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95621 by first class and certified mail.
On this same date, the United States sent copies of the above-referenced documents to Hernandez at

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an alternate address of 11260 Coloma Road, Gold River, CA 95670 also by first class and certified mail.

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The certified mail receipts have not yet been returned to the United States Attorney’s Office.
On March 8, 2016, the United States sent copies of the above-referenced documents to Irma

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Cardenas at her last-known address of 11260 Coloma Road, Gold River, CA 95670 by first class and

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certified mail. Irma Cardenas acknowledged receipt of the certified mail parcel. The signed certified receipt

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(PS Form 3811) was received in the U.S. Attorney’s Office on March 14, 2016.
Good Cause

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The deadline by which Omar Hernandez and Irma Cardenas must file a claim is April 12, 2016; one

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week after the presently set Mandatory Scheduling Conference. Therefore, the United States requests that

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the scheduling conference be continued to June 3, 2016, at 8:30 a.m. to allow the known and unknown

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potential claimants to appear in this action and to allow the parties to meet and confer in advance of filing a

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JSR. Thus, there is good cause to continue the mandatory scheduling conference and extend the JSR filing

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deadline.

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Dated: March 29, 2016

BENJAMIN B. WAGNER
United States Attorney

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

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///

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///

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ORDER

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Pursuant to the United States’ request and good cause appearing: (1) the mandatory scheduling

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conference is continued from April 5, 2016, at 8:30 a.m. to Monday, June 6, 2016, at 9:00 a.m. before

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Judge McAulilffe in Courtroom 8, and (2) the deadline to file a joint scheduling report is continued from

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March 29, 2016, to May 27, 2016.
IT IS SO ORDERED.

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Dated:

March 30, 2016

/s/ Barbara

A. McAuliffe

UNITED STATES MAGISTRATE JUDGE