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

Filing 16

STIPULATION and ORDER 15 signed by Judge Frank C. Damrell, Jr on 10/20/2009 ORDERING the Joint Status Report due on 11/19/2009. (Krueger, M)

1 LAWRENCE G. BROWN

2 KRISTIN S. DOOR, SBN 84307 3 501 I Street, Suite 10-100 4 Telephone: [phone] Attorneys for Plaintiff 6 7 8 9 10 11 UNITED STATES OF AMERICA, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
United States of America Sacramento, CA 95814

United States Attorney

Assistant United States Attorney

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

) ) Plaintiff, ) ) v. ) ) APPROXIMATELY $26,851.00 IN U.S. ) CURRENCY, ) ) APPROXIMATELY $70,700.00 IN U.S. ) CURRENCY, ) ) 21 ONE-OUNCE GOLD COINS AND 28 ) ONE-OUNCE SILVER COINS VALUED AT ) APPROXIMATELY $19,236.00, ) ) ASSORTED SILVER U.S. COINS VALUED ) AT APPROXIMATELY $15,111.25, ) ) 2006 DUCATI SS 1000 MOTORCYCLE, ) VIN: ZDM1LABP36B005402, LICENSE ) NUMBER 18B5880, ) ) 1968 CHEVROLET CAMARO RALLY SPORT, ) VIN: 123678N433442, LICENSE NUMBER ) 6DEB840, and ) ) 1989 CUSTOM HARLEY DAVIDSON ) SCREAMING EAGLE MOTORCYCLE, VIN: ) 1HD1BKL38KY011508, LICENSE NUMBER ) 18A1847, ) ) Defendants. )

2:09-cv-02223 FCD JFM STIPULATION AND ORDER FOR EXTENSION OF TIME TO FILE JOINT STATUS REPORT

DATE: N/A TIME: N/A COURTROOM: N/A

Plaintiff United States of America and claimants Charles and
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1 Mercy Weaver, hereby stipulate that there is good cause to continue 2 the filing of a joint status report for 30 days from October 20, 2009, 3 to November 19, 2009. 4
1. This stipulation is based on the following:

Plaintiff filed a Complaint for Forfeiture In Rem against

5 cash, coins, a classic car (1969 Camaro), and a Harley-Davidson 6 motorcycle. 7
2. These assets were seized from four different locations.

To date claims have been filed by Charles and Mercy Weaver, Pursuant

8 on their own behalf and on behalf of their minor children.

9 to a stipulation between the parties, this Court entered an order on 10 October 15, 2009, giving claimants until October 23, 2009, additional 11 time to file an amended claim and answer on behalf of claimants, on 12 behalf of the Chas Acres testamentary trust, and to file a motion for 13 appointment of a guardian ad litem for the minors. 14
3. Due to a legal issue as to the ownership of certain of the

15 assets, the minor children may be deleted as claimants in this action, 16 thus eliminating the need for the appointment of a guardian ad litem. 17 Claimant's counsel is also attempting to determine who has the 18 authority to file a claim on behalf of the Chas Acres Testamentary 19 Trust. 20
4. The parties respectfully request that the time for filing

21 the joint status report now due on October 20, 2009, be extended by 22 30 days to November 19, 2009, because it is premature to try to 23 schedule this case before all those with potential claims have filed 24 claims. A 30-day extension will allow claimant's counsel to determine 25 who all is entitled to file claims in this action and then to file 26 claims and answers on their behalf. 27 /// 28 ///
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1 Dated: Oct. 19, 2009 2 3 4 5 6 7 8 Dated: Oct. 19, 2009 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
By By

LAWRENCE G. BROWN United States Attorney

/s Kristin S. Door KRISTIN S. DOOR Assistant U.S. Attorney Attorneys for plaintiff United States of America

MACKENZIE LAND LAW /s/ Robert W. Mackenzie ROBERT W. MACKENZIE Attorney for Charles Eugene Weaver and Mercy Weaver (Original signatures retained by AUSA Door) ORDER

Good cause having been shown, the joint status report now due on October 20, 2009, shall be filed on November 19, 2009. IT IS SO ORDERED. Dated: October 20, 2009

_____________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE

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