United States of America v. Approximately $180,534.29 in U.S. Currency seized from Safe Credit Union Account Number 342139-00 et al

Filing 48

STIPULATION and ORDER 47 signed by Judge Lawrence K. Karlton on 5/1/12 continuing discovery deadline and expert disclosure dates as follows: United States' expert disclosure deadline 6/15/12, Claimant's expert disclosure deadline 6/15/12, disclosure of expert reports 7/6/12, deposition(s) of United States designated expert(s) to be completed by 7/13/12, deposition(s) of Claimants' designated expert(s) to be completed by 7/13/12, and discovery deadline 7/13/12. (Kastilahn, A)

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BENJAMIN B. WAGNER
United States Attorney
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]

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Attorneys for the UNITED STATES OF AMERICA
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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Case No.: 2:08-cv-02148-LKK-DAD

Plaintiff,

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v.

STIPULATION TO CONTINUE
DISCOVERY DEADLINE AND EXPERT
DISCLOSURE DATE; ORDER THEREON

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APPROXIMATELY $180,534.29 IN U.S.
CURRENCY SEIZED FROM SAFE CREDIT
UNION ACCOUNT NUMBER 342139-00,
AND,

(First Request)

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APPROXIMATELY $10,000.00 IN U.S.
CURRENCY SEIZED FROM SAFE
CREDIT UNION ACCOUNT NUMBER
342139-20,
Defendants.

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Plaintiff UNITED STATES OF AMERICA (“Plaintiff”) and Claimants FRANK W.

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BLUE, JR. and MARGARET CHAVEZ-BLUE (hereafter “Claimants”), by and through their

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undersigned attorneys, hereby stipulate:

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1. This stipulation is executed by all Parties who have appeared in and are affected by
this action.

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2. The parties are requesting a twelve day extension to the discovery deadline to schedule

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expert disclosures and depositions after a full review of written discovery and non-

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expert deposition testimony. This brief change to the Court’s Scheduling Conference
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STIPULATION TO CONTINUE DISCOVERY DEADLINE AND EXPERT DISCLOSURE DATES; ORDER THEREON
USDC Case No.: 2:08-cv-02148-LKK-DAD

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Order is needed due to the recent substitution of Claimants’ counsel, the large amount

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of financial and real estate transaction records in the case, Plaintiff’s counsel’s trial

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schedule for the month of May 2012, and the coordination of federal agents and

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defendants involved in the related criminal case, United States v. Miguel Vasquez, Jr.,

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et al., Case No. 2:08-CR-00212-LKK.

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3. Since the time of the initial scheduling conference, the primary federal agent involved

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in the criminal investigation was promoted to another post in the Internal Revenue

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Service. That agent and others involved in the criminal case required a brief extension

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to organize and compile the large number of financial documents requested in civil

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discovery.

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4. Additionally, Claimants’ original counsel was removed from the case approximately

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two months ago hindering previous efforts to coordinate discovery and retain

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testifying experts.

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5. Plaintiff’s counsel has trial scheduled on May 22, 2012 in United States v. Jamerson,

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Case No. 11-CR-00261-GEB and is unavailable to take/defend depositions until the

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conclusion of trial.

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6. The Parties request that the Court permit their experts to produce their written reports

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on July 6, 2012 and, if needed, be available for deposition until July 13, 2012. This

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extension will allow the Parties’ experts to review written discovery and multiple

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deposition transcripts, as well as draft their expert reports in accordance with the

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Federal Rules of Civil Procedure.

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7. This is the Parties' first request for an extension.

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8. The Parties agree upon the following proposed modifications to the Court’s

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Scheduling Conference Order:
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///

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STIPULATION TO CONTINUE DISCOVERY DEADLINE AND EXPERT DISCLOSURE DATES; ORDER THEREON
USDC Case No.: 2:08-cv-02148-LKK-DAD

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Event

Existing
Date
May 2, 2012
May 2, 2012
May 2, 2012
N/A

United States Expert Disclosure Deadline
Claimants’ Expert Disclosure Deadline
Disclosure of Expert Reports
Deposition(s) of United States Designated
Expert(s)
Deposition(s) of Claimants’ Designated
Expert(s)
Discovery Deadline

N/A
July 1, 2012

Proposed New Date
June 15, 2012
June 15, 2012
July 6, 2012
To be completed by July 13,
2012
To be completed by July 13,
2012
July 13, 2012

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BENJAMIN B. WAGNER
United States Attorney

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Dated: 4/25/12

By:

/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney

Dated: April 25, 2012

By:

/s/ Sara J. Dresser for
JOHN R. HALUCK
Attorney for Claimants
FRANK W. BLUE, JR. and MARGARET
CHAVEZ-BLUE
(Signature retained by attorney)

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ORDER

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IT IS SO ORDERED.
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Dated: May 1, 2012.

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STIPULATION TO CONTINUE DISCOVERY DEADLINE AND EXPERT DISCLOSURE DATES; ORDER THEREON
USDC Case No.: 2:08-cv-02148-LKK-DAD