United States of America v. Approximately $26,851.00 in U.S. Currency et al

Filing 14

STIPULATION and ORDER signed by Judge Frank C. Damrell, Jr on 10/15/09 ORDERING that amended statement of interest, answers to complaint, and motion for appointment of guardian ad litem are due on or before 10/23/09. (Owen, K)

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Robert W. MacKenzie / California State Bar Number 131653 1395 Ridgewood Drive #300 Chico, CA 95973 Tel: [phone] Fax: [phone] [e-mail] Attorney for Claimants Charles and Mercy Weaver

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA, Plaintiff, v. APPROXIMATELY $26,851.00 IN U.S. CURRENCY, ET AL. Defendants.

Case No. 2:09-cv-02223-FCD-JFM STIPULATION FOR EXTENSION OF TIME WITHIN WHICH TO FILE AN AMENDED STATEMENT OF INTEREST, ANSWERS TO COMPLAINT FOR FORFEITURE IN REM AND MOTION FOR APPOINTMENT OF GUARDIAN AD LITEM ON BEHALF OF MINORS

WHEREAS, this action was filed by plaintiffs on August 11, 2009; and WHEREAS, Claimants counsel filed a Verified Statement of Interest on September 21, 2009, on behalf of Claimants, two testamentary trusts, and Claimants' minor children, Wyatt Weaver and Kya Weaver; and WHEREAS, Plaintiffs' counsel, the United States Attorney for the Eastern District of California, notified Claimants' counsel on September 25, 2009, that Under Local Rule 17-202 there are special requirements regarding minors and incompetents, such that a guardian ad litem must be appointed to represent minors via either state or federal law, in order for the Claimants' minor children to file a claim and defend this action; and
STIPULATION FOR EXTENSION OF TIME WITHIN WHICH TO FILE VARIOUS RESPONSIVE PLEADINGS
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WHEREAS, Plaintiffs' counsel requested on September 25, 2009 that Claimants' counsel file with this court either proof of a state court appointment of a guardian ad litem representing the Claimants' minor children, or, in the alternative, file a motion requesting that this court appoint a guardian ad litem to represent Claimants' minor children, not later than October 9, 2009; and WHEREAS, subsequent to filing Claimants' Verified Statement of Interest on September 21, 2009, Claimants' counsel was informed by Drug Enforcement Administration (DEA) staff, that the DEA would voluntarily return the monies seized from four bank accounts, which is the subject of Paragraph 9 of the Verified Statement of Interest filed on September 21, 2009, which information necessitates an amendment to Claimants' Verified Statement of Interest; and WHEREAS, Claimants' counsel presently lacks and is actively seeking information regarding Chas Acres testamentary trust, which information may necessitate an amendment to the Claimants' Verified Statement of Interest, on behalf of the trust; and WHEREAS, in the absence of a stipulation between the parties, Claimants' Answer is required to be filed on October 9, 2009, Pursuant to Rule 12 of Federal Rules of Civil Procedure;

WHEREAS, in the absence of a stipulation between the parties, an answer is required to be filed on behalf of the Chas Acres testamentary trust, on October 9, 2009, Pursuant to Rule 12 of Federal Rules of Civil Procedure; and WHEREAS, claimants counsel has ascertained that Claimants' minor children have not been appointed a guardian ad litem pursuant to any state law procedure; and WHEREAS, Plaintiffs' counsel has graciously agreed to an extension of two weeks, running from October 9, 2009, in which Claimants' counsel may file with this Court an amended statement of interest and an answer on behalf of Claimants, an amended statement of interest and an answer on behalf of the Chas Acres testamentary trust, and a motion requesting that this court appoint a guardian ad litem to represent Claimants' minor children.

STIPULATION FOR EXTENSION OF TIME WITHIN WHICH TO FILE VARIOUS RESPONSIVE PLEADINGS
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IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES THAT: 1. Pursuant to this stipulation, the parties shall extend for an additional two weeks, until October 23, 2009, the period within which Claimants' counsel may file with this Court an amended statement of interest and an answer on behalf of Claimants, an amended statement of interest and an answer on behalf of the Chas Acres testamentary trust, and a motion requesting that this court appoint a guardian ad litem to represent Claimants' minor children, Wyatt Weaver and Kya Weaver. 2. This stipulation may be executed by facsimile, scanned or original signatures, and may be executed in counterpart. Subsequent to execution by the parties, Claimants shall file the fully executed stipulation with the Court and serve copies on Plaintiffs. IT IS SO STIPULATED.

Dated: October 9, 2009

MACKENZIE LAND LAW By: __/s/______________________ ROBERT W. MACKENZIE Attorney for Charles Eugene Weaver and Mercy Weaver

Dated: October 8, 2009

LAWRENCE G. BROWN United States Attorney By: _/s/_______________________ KRISTIN S. DOOR Assistant U.S. Attorney

IT IS SO ORDERED: Date: October 15, 2009
_______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE

STIPULATION FOR EXTENSION OF TIME WITHIN WHICH TO FILE VARIOUS RESPONSIVE PLEADINGS
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