United States v. Approximately $147,900.00 in U.S. Currency

Filing 9

ORDER on Request to Continue Mandatory Scheduling Conference. The Scheduling Conference currently set for 9/27/2016, is CONTINUED to 10/21/2016, at 01:00 PM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. The parties shall fil e their joint scheduling report by no later than 10/14/2016. By no later than September 22, 2016, Defendant is ORDERED to file a stipulation pursuant to Local Rule 144(a) extending the time for Claimant Yin Ye Yang to file a responsive pleading or otherwise explain why such stipulation cannot be obtained. Order signed by Magistrate Judge Sheila K. Oberto on 9/20/2016. (Timken, A)

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PHILLIP A. TALBERT
Acting 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,

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Plaintiff,

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v.
APPROXIMATELY $147,900.00 IN U.S.
CURRENCY,
Defendant.

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1:16-CV-00805-AWI-SKO
REQUEST TO CONTINUE SEPTEMBER
27, 2016 MANDATORY SCHEDULING
CONFERENCE AND FILING DEADLINE
FOR JOINT SCHEDULING REPORT;
ORDER THEREON

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The United States requests that the Court continue the mandatory scheduling conference from

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September 27, 2016, at 9:30 a.m. to October 25, 2016, at 9:30 a.m. (or to a date the Court deems
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appropriate), and continue the associated filing deadline of the Joint Scheduling Report (“JSR”) from

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September 20, 2016 to October 18, 2016 (or to a date the Court deems appropriate). For the reasons set
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forth below, there is good cause to continue the scheduling conference and the deadline to file the JSR.
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Introduction
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On June 10, 2016, the United States filed a civil forfeiture complaint against the above-captioned
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currency (“Defendant Currency”) based on its alleged involvement in federal drug law violations. All

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known potential claimants to the Defendant Currency were served in a manner consistent with Dusenbery
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v. United States, 534 U.S. 161, 168 (2002) and the applicable statutory authority. Additionally, public
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notice on the official internet government forfeiture site, www.forfeiture.gov, began on June 21, 2016,
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and ran for thirty consecutive days, as required by Rule G(4)(a)(iv)(C) of Supplemental Rules for
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Request to Continue Mandatory Scheduling
Conference

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Admiralty or Maritime Claims and Asset Forfeiture Actions. A Declaration of Publication was filed on

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July 21, 2016.

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On or about June 22, 2016, the United States sent copies of the Verified Complaint for Forfeiture

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

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Availability of a Magistrate Judge, Notice of Availability of Voluntary Dispute Resolution, and notice of

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forfeiture letter dated June 22, 2016, to potential claimant Yin Ye Yang (“Yang”) at his last-known

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addresses. On or about June 26, 2016, Yang acknowledged, by certified mail receipt, that he received

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service of the above-referenced documents.
Good Cause

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Yang filed his claim on August 4, 2016. Yang has yet to file his answer to the complaint. The

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United States granted Yang an extension to file his answer to September 28, 2016. To allow for Yang to

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make a formal appearance, and to allow the parties to meet and confer concerning the posture of this case

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and in preparation of the JSR, the parties request that the scheduling conference be continued to October

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25, 2016, at 9:30 a.m. Thus, there is good cause to continue the mandatory scheduling conference and

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deadline to file a JSR.

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Dated: September 16, 2016

PHILLIP A. TALBERT
Acting United States Attorney

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By:

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ORDER

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

No responsive pleading having been filed by Claimant Yin Ye Yang, the Court grants Plaintiff

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United States’ “Request to Continue September 27, 2016 Mandatory Scheduling Conference and Filing

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Deadline for Joint Scheduling Report” (the “Request”) (Doc. 8).

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IT IS HEREBY ORDERED that the Scheduling Conference currently set for September 27, 2016,

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in this matter is CONTINUED to October 21, 2016 at 1:00 p.m. in Courtroom 7 (SKO) before

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Magistrate Judge Sheila K. Oberto. The parties shall file their joint scheduling report by no later than

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October 14, 2016.

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Request to Continue Mandatory Scheduling
Conference

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The Court notes that Defendant indicates in its Request it granted Claimant Yin Ye Yang an

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extension to file his responsive pleading to September 28, 2016. (Doc. 8, 2:10-11.) There is no indication

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on the docket, however, of such extension of time. Extensions of time to file responsive pleadings are

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governed by Rule 144 of the Local Rules of the United States District Court, Eastern District of

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California. By no later than September 22, 2016, Defendant is ORDERED to file a stipulation pursuant

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to Local Rule 144(a) extending the time for Claimant Yin Ye Yang to file a responsive pleading or

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otherwise explain why such stipulation cannot be obtained.

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IT IS SO ORDERED.
Dated:

September 20, 2016

/s/

Sheila K. Oberto

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UNITED STATES MAGISTRATE JUDGE

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Request to Continue Mandatory Scheduling
Conference