USA v. 2003 Harley Davidson Motorcycle, VIN: 1HD1DJV503Y615641

Filing 2

STIPULATION and ORDER Extending Time for Filing a Complaint for Forfeiture signed by Judge Garland E. Burrell Jr. on 3/12/07. The deadline by which the United States shall be required to file a complaint for forfeiture against the motorcycle and/or to obtain an indictment alleging that the motorcycle is subject to forfeiture is EXTENDED to 5/31/07.(Brown, T)

USA v. 2003 Harley Davidson Motorcycle, VIN: 1HD1DJV503Y615641

Doc. 2

Case 2:07-cv-00468-GEB-EFB

Document 2

Filed 03/12/2007

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McGREGOR W. SCOTT United States Attorney ANNE PINGS Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: [phone]

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

) ) Plaintiff, ) ) v. ) ) 2003 HARLEY DAVIDSON ) MOTORCYCLE, VIN: ) 1HD1DJV503Y615641, ) ) Defendant. ) ) ______________________________)

2:07-CV-00468-GEB-EFB

STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE

It is hereby stipulated by and between the United States of America and claimant Daryl Summerfield ("claimant"), by and through their respective attorneys, as follows: 1. On or about December 18, 2006, claimant filed a claim, in

the administrative forfeiture proceedings, with the Internal Revenue Service with respect to the 2003 HARLEY DAVIDSON MOTORCYCLE, VIN: 1HD1DJV503Y615641 (the "motorcycle"), which was seized on or about October 5, 2006. 2. The Internal Revenue Service has sent the written notice

of intent to forfeit required by 18 U.S.C. § 983(a)(1)(A) to all known interested parties. The time has expired for any person to

Dockets.Justia.com

Case 2:07-cv-00468-GEB-EFB

Document 2

Filed 03/12/2007

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file a claim to the motorcycle under 18 U.S.C. § 983(a)(2)(A)-(E), and no person other than the claimant has filed a claim to the motorcycle as required by law in the administrative forfeiture proceeding. 3. Under 18 U.S.C. § 983(a)(3)(A), the United States is

required to file a complaint for forfeiture against the motorcycle and/or to obtain an indictment alleging that the motorcycle is subject to forfeiture within 90 days after a claim has been filed in the administrative forfeiture proceedings, unless the court extends the deadline for good cause shown or by agreement of the parties. 4. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish

by agreement to extend to May 31, 2007, the time in which the United States is required to file a civil complaint for forfeiture against the motorcycle and/or to obtain an indictment alleging that the motorcycle is subject to forfeiture. 5. Accordingly, the parties agree that the deadline by which

the United States shall be required to file a complaint for forfeiture against the motorcycle and/or to obtain an indictment /// /// /// /// /// /// /// // / -2-

Case 2:07-cv-00468-GEB-EFB

Document 2

Filed 03/12/2007

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alleging that the motorcycle is subject to forfeiture shall be extended to May 31, 2007.

McGREGOR W. SCOTT United States Attorney

DATE:

3/7/07

/s/ Anne Pings __________________________________ ANNE E. PINGS Assistant U.S. Attorney

/s/ Colin Cooper Original signature on file with AUSA DATE: 3/7/07 COLIN L. COOPER Attorney for Claimant Summerfield

12 13 14 15 IT IS SO ORDERED. 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: March 12, 2007

GARLAND E. BURRELL, JR. United States District Judge

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