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

Filing 21

STIPULATION and ORDER 20 extending time signed by Judge Garland E. Burrell, Jr. on 4/15/2009. The deadline by which US shall file Complaint for Forfeiture shall be EXTENDED to 7/23/2009. (Marciel, M)

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LAWRENCE G. BROWN Acting United States Attorney JASON HITT Assistant United States 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

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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. By Stipulation and Order filed March 12, 2007, the

parties stipulated 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. By Stipulation and Order filed May 18, 2007, the parties

stipulated to extend to July 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. 6. By Stipulation and Order filed July 12, 2007, the parties

stipulated to extend to October 29, 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. 7. By Stipulation and Order filed October 22, 2007, the

parties stipulated to extend to January 28, 2008, the time in -2-

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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. 8. By Stipulation and Order filed January 14, 2008, the

parties stipulated to extend to April 28, 2008, 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. 9. By Stipulation and Order filed April 16, 2008, the

parties stipulated to extend to July 28, 2008, 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. 10. By Stipulation and Order filed July 24, 2008, the

parties stipulated to extend to October 27, 2008, 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. 11. By Stipulation and Order filed October 9, 2008, the

parties stipulated to extend to January 26, 2009, 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. 12. By Stipulation and Order filed February 4, 2009, the

parties stipulated to extend to April 24, 2009, 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. -3-

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13.

As provided in 18 U.S.C. § 983(a)(3)(A), the parties

wish by agreement to further extend to July 23, 2009, 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. 14. 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 alleging that the motorcycle is subject to forfeiture shall be extended to July 23, 2009. LAWRENCE G. BROWN Acting United States Attorney

DATE: 4/2/09

/s/ Jason Hitt JASON HITT Assistant U.S. Attorney

DATE: 4/2/09

/s/ Colin L. Cooper COLIN L. COOPER Attorney for Claimant Summerfield (Original signature retained by attorney)

IT IS SO ORDERED. Dated: April 15, 2009

GARLAND E. BURRELL, JR. United States District Judge

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