United States of America v. Approximately 164,020.00 in U.S. Currency

Filing 14

STIPULATION and ORDER 13 signed by Judge John A. Mendez on 4/15/14 ORDERING that the deadline to file a Joint Status Report is CONTINUED to 6/13/14. (Kastilahn, A)

1 BENJAMIN B. WAGNER
United States Attorney
2 KEVIN C. KHASIGIAN
Assistant U.S. Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
5 Attorneys for the United States
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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2:14-CV-00400-JAM-DAD

Plaintiff,
STIPULATION AND ORDER TO
EXTEND DEADLINE TO FILE
JOINT STATUS REPORT

v.
APPROXIMATELY $164,020.00 IN U.S.
CURRENCY,
Defendant.

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The United States and claimants Brian Corry Robinson and Kimberly Santiago-

18 Robinson, through undersigned counsel, stipulate and request the Court continue the
19 deadline to file a Joint Status Report (“JSR”) from April 14, 2014 to June 13, 2014.
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On February 6, 2014, the United States filed a civil forfeiture complaint against

21 the above-captioned currency (“defendant currency”) based on its alleged involvement in
22 federal drug law violations. All known potential claimants to the defendant properties
23 were served in a manner consistent with Dusenbery v. United States, 534 U.S. 161, 168
24 (2002) and the applicable statutory authority. Additionally, public notice on the official
25 internet government forfeiture site, www.forfeiture.gov, began on February 11, 2014, and
26 will run for thirty consecutive days, as required by Rule G(4)(a)(iv)(C) of Supplemental
27 Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions. A Declaration of
28 Publication will be filed at the conclusion of the publication period.
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Stipulation and [Proposed] Order to Extend the
Deadline to File a Joint Status Report

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On April 1, 2014, Brian Corry Robinson and Kimberly Santiago-Robinson filed

2 claims alleging an interest in the defendant currency. No other party has entered this
3 case and the United States has provided notice to all potential claimants pursuant to law.
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Also on April 1, 2014, the claimants moved to dismiss the complaint pursuant to

5 Civil Rule 12(b) and Supplemental Rule G(8). That motion was re-noticed on April 4,
6 2014 and the hearing is currently set for May 21, 2014.
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In the very near future, the United States will issue discovery to each claimant on

8 the issue of standing. See United States v. $133,420.00 in U.S. Currency, 672 F.3d 629,
9 635 (9th Cir. 2012) (“Unlike in typical civil proceedings, the government may commence
10 limited discovery immediately after a verified claim is filed. Supplemental Rule G(6)(a)
11 provides that ‘[t]he government may serve special interrogatories limited to the
12 claimant's identity and relationship to the defendant property without the court's leave at
13 any time after the claim is filed and before discovery is closed.’”). Under Rule Supp.
14 G(8)(c)(i), the United States “need not respond to a claimant's motion to dismiss the
15 action under Rule G(8)(b) until 21 days after the claimant has answered [special]
16 interrogatories.” Accordingly, a brief extension of the JSR deadline will allow the parties
17 to complete the “standing” discovery before fully scheduling the case and reaching merits18 based discovery.
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In light of the pending motion to dismiss and the United States’ intent to seek

20 discovery on the issue of standing, the parties request a brief continuance of the deadline
21 to file a Joint Status Report from April 14, 2014 to June 13, 2014, or to another date the
22 Court deems appropriate.
23 Dated: 4/14/2014
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26 Dated: 4/14/2014
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BENJAMIN B. WAGNER
United States Attorney
By:

/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
/s/ Edward Michael Burch
EDWARD MICHAEL BURCH
Attorney for Claimants
(Authorized via telephone)
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Stipulation and [Proposed] Order to Extend the
Deadline to File a Joint Status Report

ORDER

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Pursuant to the parties’ stipulation, the Court makes the following order:

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The deadline to file a Joint Status Report currently due on April 14, 2014 IS

4 CONTINUED to June 13, 2014.
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IT IS SO ORDERED.
Dated: 4/15/2014

/s/ John A. MENDEZ_____________
JOHN A. MENDEZ
United States District Court Judge

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Stipulation and [Proposed] Order to Extend the
Deadline to File a Joint Status Report