United States of America v. Real property located at 149 G Street, Lincoln, California, Placer County, APN: 008-266-015-000 et al

Filing 77

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 12/4/12 ORDERING that the hearing date for 63 MOTION to STAY, and 68 MOTION for SUMMARY JUDGMENT is CONTINUED from 1/24/12 to 2/7/2013. (Mena-Sanchez, L)

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JEFFER MANGELS BUTLER & MITCHELL LLP
JOHN A. GRAHAM (Bar No. 71017), [e-mail]
ROBERT B. KAPLAN, P.C. (Bar No. 76950), [e-mail]
1900 Avenue of the Stars, Seventh Floor
Los Angeles, California 90067-4308
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Mechanics Bank

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA

CASE NO. 2:12-cv-00705-MCE-DAD

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Plaintiff,

STIPULATION AND REQUEST TO
RESCHEDULE HEARINGS ON:
(1) THE UNITED STATES’ MOTION
TO STAY FORFEITURE; AND
(2) MECHANICS BANK’S MOTION
FOR SUMMARY JUDGMENT

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LA 9148140v1

v.
REAL PROPERTY LOCATED AT 149
G STREET, LINCOLN, CALIFORNIA,
PLACER COUNTY, APN: 008-266015-000, INCLUDING ALL
APPURTENANCES AND
IMPROVEMENTS THERETO;
REAL PROPERTY LOCATED AT 167
G STREET, LINCOLN, CALIFORNIA,
PLACER COUNTY, APN: 008-266016-000, INCLUDING ALL
APPURTENANCES AND
IMPROVEMENTS THERETO;
REAL PROPERTY LOCATED AT
1199 PACIFIC HIGHWAY, UNIT 406,
SAN DIEGO, CALIFORNIA, APN:
533-471-12-27, INCLUDING ALL
APPURTENANCES AND
IMPROVEMENTS THERETO;
REAL PROPERTY LOCATED AT
10940 FAIR OAKS BOULEVARD,
FAIR OAKS, CALIFORNIA,
SACRAMENTO COUNTY, APN: 2440344-013-0000, INCLUDING ALL
APPURTENANCES AND
IMPROVEMENTS THERETO;
REAL PROPERTY LOCATED AT
2143 OUTRIGGER DRIVE, EL

Eastern District Local Rule 230(f)]

Currently Scheduled Hearings:
Date: January 24, 2013
Time: 2:00 p.m.
Place: 501 “I” Street
Courtroom 7
Sacramento, California
Judge: Hon. Morrison C. England, Jr.

Request to Reschedule Hearings

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DORADO HILLS, CALIFORNIA, EL
DORADO COUNTY, APN: 110-61205-100, INCLUDING ALL
APPURTENANCES AND
IMPROVEMENTS THERETO;
REAL PROPERTY LOCATED AT
8928 VOLUNTEER LANE,
SACRAMENTO, CALIFORNIA,
SACRAMENTO COUNTY, APN: 0780450-026-0000, INCLUDING ALL
APPURTENANCES AND
IMPROVEMENTS THERETO;
REAL PROPERTY LOCATED AT 833
WEST SYCAMORE STREET,
WILLOWS, CALIFORNIA, GLENN
COUNTY, APN: 001-21-2-003-0,
INCLUDING ALL APPURTENANCES
AND IMPROVEMENTS THERETO;
REAL PROPERTY LOCATED AT
7447 ANTELOPE ROAD, CITRUS
HEIGHTS, CALIFORNIA,
SACRAMENTO COUNTY, APN: 2040202-014-0000, INCLUDING ALL
APPURTENANCES AND
IMPROVEMENTS THERETO;
REAL PROPERTY LOCATED AT
10293 ROCKINGHAM DRIVE,
RANCHO CORDOVA, CALIFORNIA,
SACRAMENTO COUNTY, APN: 0770050-044-0000, INCLUDING ALL
APPURTENANCES AND
IMPROVEMENTS THERETO;
REAL PROPERTY LOCATED AT 675
KULIKE ROAD, HAIKU, MAUI,
HAWAII, MAUI COUNTY, TAX MAP
KEY NO: (2) 2-8-04-072, INCLUDING
ALL APPURTENANCES AND
IMPROVEMENTS THERETO; and
REAL PROPERTY LOCATED AT 575
MENLO DRIVE, ROCKLIN,
CALIFORNIA, PLACER COUNTY,
APN: 017-283-004-000, INCLUDING
ALL APPURTENANCES AND
IMPROVEMENTS THERETO,
Defendants.

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LA 9148140v1

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TO: THE HONORABLE MORRISON C. ENGLAND, JR., UNITED STATES JUDGE FOR

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THE EASTERN DISTRICT OF CALIFORNIA, AND ALL CLAIMANTS AND THEIR

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COUNSEL OF RECORD:

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In accordance with Eastern District Local Rule 230(f), the Plaintiff, United States of

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America (the “Government”), and Claimant, Mechanics Bank (the “Bank”) (together, the “Parties”)

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hereby respectfully request that the Court reschedule the hearings currently set for January 24,

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2013, at 2:00 p.m., on (1) the Motion to Stay Forfeiture Proceedings Pursuant to 18 U.S.C.

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§ 981(g)(1) filed by the Government; and (2) Mechanics Bank’s Motion for Summary Judgment

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(together, the “Hearings”). The Parties to this stipulation request that the Hearings be set for

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January 31, 2013. The Parties request this continuance based on the following reason:

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The Court graciously granted the Parties’ previous request to continue the Hearings

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to January 24, 2013. At the time the Parties made that request, the Bank’s attorney, John A.

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Graham, believed that an oral argument scheduled in another matter pending before the United

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States Sixth Circuit Court of Appeals in Cincinnati, Ohio, on January 24, 2013, in which he is

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attorney of record for Appellant, was being continued pursuant to the Appellants’ request to the

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Sixth Circuit to continue that oral argument (where there was no opposition by the Appellee to the

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continuance). However, the Sixth Circuit has denied that request by its Order entered on November

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27, 2012 , and therefore, Mr. Graham must be in Cincinnati on January 24, 2013 to represent his

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client at the oral argument. A copy of the Sixth Circuit’s Order denying Appellants’ motion to

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reschedule oral argument is attached hereto as Exhibit A.

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Accordingly, the Parties have mutually agreed to a date for the Hearings of
January 31, 2013.
There will be no prejudice to Parties to this stipulation or any other claimant by
allowing this rescheduling of the Hearings.
WHEREFORE, the Government and the Bank request that the Hearings be
continued to January 31, 2013.

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Dated: November 27, 2012

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JEFFER MANGELS BUTLER & MITCHELL LLP
ROBERT B. KAPLAN, P.C.
JOHN A. GRAHAM

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By: /s/ John A. Graham
JOHN A. GRAHAM
Attorneys for MECHANICS BANK

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Dated: November 27, 2012

BENJAMIN B. WAGNER
United States Attorney

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

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Because the Parties’ requested date of January 31, 2013, is not available, the Court
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hereby continues the hearings to February 7, 2013.
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IT IS SO ORDERED.
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Dated: December 4, 2012
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__________________________________
MORRISON C. ENGLAND, JR
UNITED STATES DISTRICT JUDGE

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DEAC_Signature-END:

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