United States of America v. Approximately $18,928.00 in U.S. Currency

Filing 12

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 4/7/15 ORDERING that pursuant to the parties' stipulation, the deadline to file a Joint Status Report currently due on April 7, 2015 IS CONTINUED to June 8, 2015. (Becknal, R)

1 BENJAMIN B. WAGNER
United States Attorney
2 JEFFREY A. SPIVAK
Assistant U.S. Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
5 Attorneys for the United States
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

UNITED STATES OF AMERICA,

12

Plaintiff,

13
14
15
16

2:14-CV-02765-MCE-KJN
STIPULATION AND ORDER TO
EXTEND DEADLINE TO FILE
JOINT STATUS REPORT

v.
APPROXIMATELY $18,928.00 IN U.S.
CURRENCY,
Defendant.

17
18

The United States and claimant Kurt Przygoda (“Przygoda”), through undersigned

19 counsel, stipulate and request the Court continue the deadline to file a Joint Status
20 Report from April 7, 2015 to June 8, 2015.
21

On November 25, 2014, the United States filed a civil forfeiture complaint against

22 the above-captioned currency (“Defendant Currency”) based on its alleged involvement in
23 federal drug law violations. All known potential claimants to the defendant properties
24 were served in a manner consistent with Dusenbery v. United States, 534 U.S. 161, 168
25 (2002) and the applicable statutory authority. Additionally, public notice on the official
26 internet government forfeiture site, www.forfeiture.gov, began on December 4, 2014, and
27 ran for thirty consecutive days, as required by Rule G(4)(a)(iv)(C) of Supplemental Rules
28 for Admiralty or Maritime Claims and Asset Forfeiture Actions. A Declaration of
29

1

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

1 Publication was filed on January 9, 2015 (Doc. 7). Potential claimant Przygoda was
2 served on February 17, 2015 (ECF No. 10).
3

On January 5, 2015, Przygoda filed a claim alleging an interest in the defendant

4 currency (ECF No. 6). No other party has entered this case and the United States has
5 provided notice to all potential claimants pursuant to law.
6

The United States is in settlement negotiations with Przygoda and expects to file

7 settlement documents within the extension period. Otherwise, the parties will meet and
8 confer, and jointly prepare a joint status report.
9

There is good cause to continue the initial scheduling conference and deadline to

10 file a joint status report.
11 Dated: 4/3/15
12

By:

13
14 Dated: 4/3/15
15
16

18

20
21

/s/ Jeffrey A. Spivak
JEFFREY A. SPIVAK
Assistant U.S. Attorney
/s/ Lisa B. Meier
LISA B. MEIER
Attorney for Claimant Kurt Przygoda
(Authorized via email)

17

19

BENJAMIN B. WAGNER
United States Attorney

ORDER
Pursuant to the parties’ stipulation, the deadline to file a Joint Status Report
currently due on April 7, 2015 IS CONTINUED to June 8, 2015.
IT IS SO ORDERED.

22
23 Dated: April 7, 2015
24
25
26
27
28
29

2

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