United States of America v. 2007 Yamaha Rhino ATV et al

Filing 20

ORDER signed by Judge William B. Shubb on 07/10/09 GRANTING 19 Stipulation. IT IS ORDERED that the time for filng the verified claim and answer is extended by agreement of the parties to 7/17/09, and the withdrawal of the Request For Entry of Default file 7/9/09 is hereby noted. (Streeter, J)

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DANIEL J. BRODERICK, Bar #89424 Federal Defender TIMOTHY ZINDEL, Bar #158377 Assistant Federal Defender 801 I Street, 3rd Floor Sacramento, California 95814 Telephone: [phone]

Attorney for Defendant JESS VERNON BRASIER

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

) ) ) Plaintiff, ) ) v. ) ) 2007 YAMAHA RHINO ATV, ) VIN: 5Y4AM04Y27A033940 ) CALIFORNIA LICENSE NUMBER: ) 78E45A, ) 2004 MITSUBISHI KOYKER TRACTOR, ) ) SERIAL NUMBER: 110337, ) ) 2004 TERRY TRAILERS FLATBED TRAILER, VIN:1T9CS18274W709850, ) ) CALIFORNIA LICENSE NUMBER: ) 4GG7716, ) ) 2008 SPCNS TRAILER PTI, VIN: ) CA1056326, CALIFORNIA LICENSE ) NUMBER: 4JJ2908, and ) ) 2008 YAMAHA 700R RAPTOR ATV, ) VIN: JY4AMO7Y56C025552, ) ) Defendants. ) _______________________________ ) UNITED STATES OF AMERICA,

2:09-CV-00684 LKK-GGH STIPULATION AND ORDER EXTENDING TIME FOR CLAIM AND ANSWER TO BE FILED BY JESS VERNON BRASIER

Judge: Hon. Lawrence K. Karlton

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IT IS HEREBY STIPULATED AND AGREED between plaintiff, United States of America, and claimant, Jess Vernon Brasier, as follows: 1. On March 12, 2009, plaintiff filed the above-captioned complaint for forfeiture in rem against assets owned in part by Jess Vernon Brasier. 2. On April 30, 2009, the Court appointed the Office of the Federal

Defender to represent Jess Vernon Brasier (currently represented by the Federal Defender in Cases 2:08-cr-0453 LKK and 2:08-cr-0518) in the above case and extended to June 24, 2009, the time for Mr. Brasier to file his claim and answer. 3. The parties agree that Mr. Brasier may be afforded additional The previously-set

time to July 17, 2009, to file his claim and answer.

deadline coincided with jury deliberations in a lengthy and complex jury trial defended by Mr. Brasier's appointed attorney, who missed the appointed deadline. The United State has agreed to afford Mr. Brasier

additional time to file his claim and answer so that he is not penalized for his attorney's oversight. 4. In light of the above, the United States also withdraws its

request for Clerk's Entry of Default filed July 9, 2009. Respectfully submitted, DANIEL J. BRODERICK Federal Defender Dated: July 9, 2009 /s/ T. Zindel TIMOTHY ZINDEL Assistant Federal Defender Attorney for Jess Vernon Brasier LAWRENCE G. BROWN Acting United States Attorney Dated: July 9, 2009 /s/ Kristin S. Door KRISTIN S. DOOR Assistant U.S. Attorney -2-

Stip & Order

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Stip & Order

ORDER The time for filing the verified claim and answer is extended by agreement of the parties to July 17, 2009, and the withdrawal of the Request for Entry of Default filed July 9, 2009, is hereby noted. IT IS SO ORDERED.

Dated:

July 10, 2009

For Judge Lawrence K. Karlton

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