United States of America v. Approximately $2,663.00 in U.S. Currency et al
Filing
48
STIPULATION and ORDER 47 signed by Judge John A. Mendez on 1/13/12, ORDERING that the dealine by which the United States shall be required to file a complaint forforfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to forfeiture is EXTENDED to 4/16/12. (Kastilahn, A)
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BENJAMIN B. WAGNER
United States Attorney
JASON HITT
Assistant United States Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: (916)554-2700
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IN THE UNITED STATES DISTRICT COURT FOR THE
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EASTERN DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA,
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Plaintiff,
STIPULATION AND ORDER
EXTENDING THE UNITED STATES'
TIME TO FILE A COMPLAINT FOR
FORFEITURE AND/OR TO OBTAIN AN
INDICTMENT ALLEGING FORFEITURE
v.
APPROXIMATELY $2,663.00 IN U.S.
CURRENCY, and
APPROXIMATELY $791.00 IN U.S.
CURRENCY,
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2:06-MC-00116-JAM-EFB
Defendants.
It is hereby stipulated by and between the United States of
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America and claimant Maria Isabel Chavez ("Claimant"), by and
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through their respective attorneys, as follows:
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1.
On or about August 15, 2006, Claimant Maria Isabel Chavez
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filed a claim in administrative forfeiture proceedings with the
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Drug Enforcement Administration ("DEA") with respect to the
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approximately $2,663.00 in U.S. Currency and approximately $791.00
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in U.S. Currency, (the "defendant currency"), seized on or about
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May 30, 2006.
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Emilio Vega filed a claim with DEA to the defendant currency.
On or about August 18, 2006, Claimant Francisco
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Stipulation and Order Extending the United
States’ Time to File
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2.
The DEA has sent the written notice of intent to forfeit
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required by 18 U.S.C. § 983(a)(1)(A) to all known interested
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parties.
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the defendant currency under 18 U.S.C. § 983(a)(2)(A)-(E), and no
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person, other than the Claimants, has filed a claim to the
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defendant currency as required by law in the administrative
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forfeiture proceeding.
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3.
The time has expired for any person to file a claim to
Under 18 U.S.C. § 983(a)(3)(A), the United States is
required to file a complaint for forfeiture against the defendant
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currency and/or to obtain an indictment alleging that the defendant
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currency is subject to forfeiture within 90 days after a claim has
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been filed in the administrative forfeiture proceedings, unless the
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court extends the deadline for good cause shown or by agreement of
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the parties.
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4.
By Stipulation and Order filed November 16, 2006, the
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parties stipulated to extend to February 9, 2007, the time in which
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the United States is required to file a civil complaint for
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forfeiture against the currency and/or to obtain an indictment
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alleging that the currency is subject to forfeiture.
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5.
By Stipulation and Order filed February 9, 2007, the
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parties stipulated to extend to May 10, 2007, the time in which the
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United States is required to file a civil complaint for forfeiture
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against the currency and/or to obtain an indictment alleging that
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the currency is subject to forfeiture.
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6.
By Stipulation and Order filed May 15, 2007, the parties
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stipulated to extend to August 8, 2007, the time in which the
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United States is required to file a civil complaint for forfeiture
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Stipulation and Order Extending the United
States’ Time to File
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against the currency and/or to obtain an indictment alleging that
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the currency is subject to forfeiture.
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7.
By Stipulation and Order filed August 3, 2007, the parties
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stipulated to extend to November 6, 2007, the time in which the
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United States is required to file a civil complaint for forfeiture
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against the currency and/or to obtain an indictment alleging that
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the currency is subject to forfeiture.
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8.
By Stipulation and Order filed November 2, 2007, the
parties stipulated to extend to February 4, 2008, the time in which
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the United States is required to file a civil complaint for
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forfeiture against the currency and/or to obtain an indictment
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alleging that the currency is subject to forfeiture.
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9.
By Stipulation and Order filed January 31, 2008, the
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parties stipulated to extend to May 5, 2008, the time in which the
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United States is required to file a civil complaint for forfeiture
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against the currency and/or to obtain an indictment alleging that
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the currency is subject to forfeiture.
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10.
By Stipulation and Order filed May 6, 2008, the parties
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stipulated to extend to August 4, 2008, the time in which the
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United States is required to file a civil complaint for forfeiture
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against the currency and/or to obtain an indictment alleging that
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the currency is subject to forfeiture.
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11.
By Stipulation and Order filed July 23, 2008, the parties
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stipulated to extend to October 31, 2008, the time in which the
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United States is required to file a civil complaint for forfeiture
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against the currency and/or to obtain an indictment alleging that
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the currency is subject to forfeiture.
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Stipulation and Order Extending the United
States’ Time to File
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12.
By Stipulation and Order filed October 22, 2008, the
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parties stipulated to extend to January 29, 2009, the time in which
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the United States is required to file a civil complaint for
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forfeiture against the currency and/or to obtain an indictment
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alleging that the currency is subject to forfeiture.
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13.
By Stipulation and Order filed January 22, 2009, the
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parties stipulated to extend to April 29, 2009, the time in which
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the United States is required to file a civil complaint for
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forfeiture against the currency and/or to obtain an indictment
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alleging that the currency is subject to forfeiture.
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By Stipulation and Order filed April 27, 2009, the
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parties stipulated to extend to July 28, 2009, the time in which
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the United States is required to file a civil complaint for
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forfeiture against the currency and/or to obtain an indictment
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alleging that the currency is subject to forfeiture.
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15.
By Stipulation and Order filed July 24, 2009, the parties
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stipulated to extend to October 26, 2009, the time in which the
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United States is required to file a civil complaint for forfeiture
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against the currency and/or to obtain an indictment alleging that
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the currency is subject to forfeiture.
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16.
By Stipulation and Order filed October 27, 2009, the
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parties stipulated to extend to January 25, 2010, the time in which
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the United States is required to file a civil complaint for
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forfeiture against the currency and/or to obtain an indictment
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alleging that the currency is subject to forfeiture.
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17.
On or about November 20, 2009, the United States and
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Francisco Vega entered into a plea agreement in the parallel
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criminal case U.S. v. Francisco Vega, et al., 2:06-CR-00236-GEB,
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Stipulation and Order Extending the United
States’ Time to File
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wherein Francisco Vega agreed to forfeit his right, title, and
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interest in this currency.
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18.
By Stipulation and Order filed January 26, 2010, the
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parties stipulated to extend to April 26, 2010, the time in which
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the United States is required to file a civil complaint for
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forfeiture against the currency and/or to obtain an indictment
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alleging that the currency is subject to forfeiture.
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By Stipulation and Order filed April 16, 2010, the
parties stipulated to extend to July 26, 2010, the time in which
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the United States is required to file a civil complaint for
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forfeiture against the currency and/or to obtain an indictment
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alleging that the currency is subject to forfeiture.
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20.
By Stipulation and Order filed July 20, 2010, the parties
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stipulated to extend to October 25, 2010, the time in which the
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United States is required to file a civil complaint for forfeiture
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against the currency and/or to obtain an indictment alleging that
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the currency is subject to forfeiture.
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21.
By Stipulation and Order filed October 15, 2010, the
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parties stipulated to extend to January 23, 2011, the time in which
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the United States is required to file a civil complaint for
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forfeiture against the currency and/or to obtain an indictment
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alleging that the currency is subject to forfeiture.
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By Stipulation and Order filed January 20, 2011, the
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parties stipulated to extend to April 22, 2011, the time in which
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the United States is required to file a civil complaint for
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forfeiture against the currency and/or to obtain an indictment
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alleging that the currency is subject to forfeiture.
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Stipulation and Order Extending the United
States’ Time to File
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By Stipulation and Order filed April 19, 2011, the
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parties stipulated to extend to July 21, 2011, the time in which
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the United States is required to file a civil complaint for
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forfeiture against the currency and/or to obtain an indictment
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alleging that the currency is subject to forfeiture.
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By Stipulation and Order filed July 25, 2011, the parties
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stipulated to extend to October 19, 2011, the time in which the
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United States is required to file a civil complaint for forfeiture
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against the currency and/or to obtain an indictment alleging that
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the currency is subject to forfeiture.
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25.
By Stipulation and Order filed October 19, 2011, the
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parties stipulated to extend to January 17, 2012, the time in which
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the United States is required to file a civil complaint for
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forfeiture against the currency and/or to obtain an indictment
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alleging that the currency is subject to forfeiture.
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26.
As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish
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by agreement to further extend to April 16, 2012, the time in which
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the United States is required to file a civil complaint for
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forfeiture against the defendant currency and/or to obtain an
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indictment alleging that the defendant currency is subject to
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forfeiture.
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Accordingly, the parties agree that the deadline by which
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the United States shall be required to file a complaint for
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forfeiture against the defendant currency and/or to obtain an
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///
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///
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///
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Stipulation and Order Extending the United
States’ Time to File
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indictment alleging that the defendant currency is subject to
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forfeiture shall be extended to April 16, 2012.
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DATED: 1/13/12
BENJAMIN B. WAGNER
United States Attorney
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/s/ Jason Hitt
JASON HITT
Assistant U.S. Attorney
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DATED: 1-12-12
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/s/ James R. Greiner
JAMES R. GREINER
Attorney for Claimant Maria Isabel
Chavez
(Authorized by email)
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IT IS SO ORDERED.
DATED: 1/13/2012
/s/ John A. Mendez
JOHN A. MENDEZ
United States District Judge
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Stipulation and Order Extending the United
States’ Time to File
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