United States of America v. Firearms, Browning, 1911-22 Pistol, Cal: 22 SN: 51EZP02954 et al

Filing 14

STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE signed by District Judge Anthony W. Ishii on 11/17/2021. (Gonzales, V)

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1 PHILLIP A. TALBERT Acting United States Attorney 2 ALYSON A. BERG Assistant United States Attorney 3 2500 Tulare Street, Suite 4401 Fresno, CA 93721 4 Telephone: (559) 497-4000 Facsimile: (559) 497-4099 5 Attorneys for Plaintiff United States of America 6 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 7 8 UNITED STATES OF AMERICA, Plaintiff, 9 10 v. 11 CASE NO. 1:20-MC-01404-AWI STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE FIREARMS, BROWNING, 1911-22 PISTOL, CAL: 22 SN: 51EZP02954, 12 13 14 FIREARMS, BROWNING 1911-22 PISTOL CAL: 22 SN: 51EZP02702, FIREARMS, GLOCK INC. 23GEN3 PISTOL CAL: 40 SN: TMB899, 15 16 17 FIREARMS, NEW FRONTIER ARMORY, LLC LW-15 Rifle CAL: 556 SN: NLV21295, FIREARMS, SMITH & WESSON SD9VE PISTOL CAL: 9 SN: FBK2736, 18 19 20 APPROXIMATELY 77 ROUNDS OF ASSORTED AMMUNITION, APPROXIMATELY 130 ROUNDS OF ASSORTED AMMUNITION, 21 22 23 APPROXIMATELY 500 ROUNDS OF FIOCCHI AMMUNITION CAL: 223, APPROXIMATELY 165 ROUNDS OF CBC – BRAZILIAN AMMUNITION, 24 25 APPROXIMATELY 445 ROUNDS OF REMINGTON CAL: 9 AMMUNITION, AND 26 27 APPROXIMATELY 710 ROUNDS OF ASSORTED CAL: 40 AMMUNITION, 28 Defendants. 30 STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE 1 1 It is hereby stipulated by and between the United States of America and potential claimants 2 Pedro Duran and Sylvia Cisneros (“claimants”), by and through their respective counsel, as follows: 3 1. On or about July 10, 2020, claimants filed a claim in the administrative forfeiture 4 proceeding with the Bureau of Alcohol, Tobacco, Firearms and Explosives with respect to the above5 captioned property (hereafter “defendant property”), which was seized on April 29, 2020. 6 2. The Bureau of Alcohol, Tobacco, Firearms and Explosives has sent the written notice of 7 intent to forfeit required by 18 U.S.C. § 983(a)(1)(A) to all known interested parties. The time has 8 expired for any person to file a claim to the defendant property under 18 U.S.C. § 983(a)(2)(A)-(E), and 9 no person other than the potential claimants have filed a claim to the defendant property as required by 10 law in the administrative forfeiture proceeding. 11 3. Under 18 U.S.C. § 983(a)(3)(A), the United States is required to file a complaint for 12 forfeiture against the defendant property and/or to obtain an indictment alleging that the defendant 13 property is subject to forfeiture within ninety days after a claim has been filed in the administrative 14 forfeiture proceedings, unless the court extends the deadline for good cause shown or by agreement of 15 the parties. That deadline was October 6, 2020. 16 4. By Stipulation and Order filed October 5, 2020, the parties stipulated to extend to January 17 4, 2021, the time in which the United States is required to file a civil complaint for forfeiture against the 18 defendant property and/or to obtain an indictment alleging that the defendant property is subject to 19 forfeiture. 20 5. By Stipulation and Order filed February 23, 2021, the parties stipulated to extend to April 21 4, 2021, the time in which the United States is required to file a civil complaint for forfeiture against the 22 defendant property and/or to obtain an indictment alleging that the defendant property is subject to 23 forfeiture. 24 6. By Stipulation and Order filed March 18, 2021, the parties stipulated to extend to July 3, 25 2021, the time in which the United States is required to file a civil complaint for forfeiture against the 26 defendant property and/or to obtain an indictment alleging that the defendant property is subject to 27 forfeiture. 28 30 7. By Stipulation and Order filed June 21, 2021, the parties stipulated to extend to October STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE 2 1 1, 2021, the time in which the United States is required to file a civil complaint for forfeiture against the 2 defendant property and/or to obtain an indictment alleging that the defendant property is subject to 3 forfeiture. 4 8. By Stipulation and Order filed September 20, 2021, the parties stipulated to extend to 5 November 30, 2021, the time in which the United States is required to file a civil complaint for 6 forfeiture against the defendant property and/or to obtain an indictment alleging that the defendant 7 property is subject to forfeiture. 8 9. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to extend to 9 February 28, 2022, the time in which the United States is required to file a civil complaint forfeiture 10 against the defendant property and/or to obtain an indictment alleging that the defendant property is 11 subject to forfeiture. 12 10. Accordingly, the parties agree that the deadline by which the United States shall be 13 required to file a complaint for forfeiture against the defendant property and/or to obtain an indictment 14 alleging that the defendant property is subject to forfeiture shall be extended to February 28, 2022. 15 Dated: November 17, 2021 PHILLIP A. TALBERT Acting United States Attorney 16 17 By: /s/ Alyson A. Berg ALYSON A. BERG Assistant United States Attorney By: /s/ Anthony P. Capozzi ANTHONY P. CAPOZZI Attorney for Potential Claimants Pedro Duran and Sylvia Cisneros (As approved by email on 11/16/2021) 18 19 20 Dated: November 16, 2021 21 22 23 24 IT IS SO ORDERED. 25 Dated: November 17, 2021 SENIOR DISTRICT JUDGE 26 27 28 30 STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE 3

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