USA v. Approximately $133,803.53 in U.S. Currency seized from Washington Mutual Bank et al

Filing 31

STIPULATION and ORDER 30 signed by Judge Frank C. Damrell, Jr., on 1/25/10, ORDERING that the parties shall submit a further Joint Status Report on or before 3/12/10. (Kastilahn, A)

1 BENJAMIN B. WAGNER United States Attorney 2 SARALYN M. ANG-OLSON, SBN 197404 Special Assistant United States Attorney 3 501 I Street, Suite 10-100 Sacramento, CA 95814 4 Telephone: [phone] Attorneys for Plaintiff United States of America 6 7 8 9 10 11 UNITED STATES OF AMERICA, 12 13 14 15 16 17 18 19 20 21 22 ) ) Plaintiff, ) ) v. ) ) APPROXIMATELY $133,803.53 IN U.S. ) CURRENCY SEIZED FROM WASHINGTON ) MUTUAL BANK, N.A., ACCOUNT ) #4420842802, HELD IN THE NAME OF ) ADVANTAGE FINANCIAL GROUP HOLDINGS ) MANAGEMENT LLC, and ) ) APPROXIMATELY $328,495.75 IN U.S. ) CURRENCY SEIZED FROM WASHINGTON ) MUTUAL BANK, N.A., ACCOUNT ) #4412174338, HELD IN THE NAME OF ) LOOMIS WEALTH SOLUTIONS LLC, ) ) Defendants. ) ) 2:09-CV-00461-FCD-KJM STIPULATED REQUEST FOR EXTENSION OF TIME TO FILE FURTHER JOINT STATUS REPORT; ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Pursuant to Rule 6-144(a) of the Local Rules of Practice for

23 the United States District Court, Eastern District of California, 24 Plaintiff United States of America ("Plaintiff") and claimant 25 Flagstar Bank ("Flagstar Bank") (collectively, the "Parties"), by 26 and through their respective counsel, agree to and hereby request 27 that the further joint status report currently due on 28 January 27, 2010, pursuant to the Court's Order filed on

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Extension of Time for Joint Status Report

1 November 19, 2009, be continued for approximately 44 days, or 2 effectively be due on March 12, 2010. 3 The Parties make this request for the following reasons:

4 The Government and Flagstar Bank are in the process of exploring 5 possible options for resolving this dispute, including possibly 6 through the Parties' motions (Flagstar Bank's motion for judgment 7 on the pleadings and the Government's motion to strike Flagstar 8 Bank's claim and answer for lack of standing in opposition 9 thereto), set for hearing on February 12, 2010 at 10:00 a.m. 10 Under the circumstances, the Parties are not in a position to 11 contribute meaningfully either to the process of conferring on 12 the matter as required by Fed. R. Civ. P. 26(f) or to the 13 preparation of a resulting joint status report that outlines 14 discovery and other plans of proceeding in litigation as 15 anticipated by the Court's Order on April 9, 2009. As soon as

16 the need has become apparent, the Parties without delay hereby 17 make their request pursuant to Rule 6-144(d). 18 See L.R. 6-144(d).

The Parties have previously sought and received three prior

19 extensions of time, for a total period of 241 days to file their 20 joint status report. See L. R. 6-144(b). BENJAMIN B. WAGNER United States Attorney /s/ SARALYN M. ANG-OLSON Special Assistant U.S. Attorney Date: January 25, 2010 /s/ Janet Sherman JANET SHERMAN Attorney for Claimant Flagstar Bank (Atty signature retained on file) 2

21 Date: January 25, 2010 22 23 24 25 26 27 28

Extension of Time for Joint Status Report

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ORDER For the reasons set forth above, the Parties shall submit a

3 further Joint Status Report on or before March 12, 2010. 4 5 6 7 Dated: January 25, 2010 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE IT IS SO ORDERED.

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Extension of Time for Joint Status Report