United States of America v. Approximately $41,500.00 in U.S. Currency

Filing 9

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 10/29/14 ORDERING the deadline by which the United States shall be required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment al leging that the defendant currency is subject to forfeiture IS EXTENDED to November 20, 2014. The four joint stipulations submitted in this case reflect that Edward E. Moukawsher is counsel for Claimant Luis Rosario. See ECF Nos. 1, 3, 5, 8. Edwa rd E. Moukawsher is not admitted to practice in the Eastern District of California and should not represent any party in this court until he applies for and is admitted before the Eastern District of California. Prior to the filing of a fifth (or any additional) stipulations on behalf of Claimant Luis Rosario, Edward E. Moukawsher is ORDERED to comply with the Court's Local Rules. Plaintiff United States of America is ORDERED to serve a copy of this Order on Edward E. Moukawsher. (Becknal, R)

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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Plaintiff,

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v.

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APPROXIMATELY $41,500.00 IN U.S.
CURRENCY,

STIPULATION AND ORDER
EXTENDING TIME FOR FILING
A COMPLAINT FOR FORFEITURE
AND/OR TO OBTAIN AN INDICTMENT
ALLEGING FORFEITURE

Defendant

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2:14-MC-00060-MCE-DAD

It is hereby stipulated by and between the United States of America and claimant Luis Rosario

18 (“claimant”), by and through their respective counsel, as follows:
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1.

On or about January 24, 2014, claimant Luis Rosario filed a claim, in the administrative

20 forfeiture proceedings, with the Drug Enforcement Administration with respect to the Approximately
21 $41,500.00 in U.S. Currency (hereafter “defendant currency”), which was seized on October 30, 2013.
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2.

The Drug Enforcement Administration has sent the written notice of intent to forfeit

23 required by 18 U.S.C. § 983(a)(1)(A) to all known interested parties. The time has expired for any
24 person to file a claim to the defendant currency under 18 U.S.C. § 983(a)(2)(A)-(E), and no person
25 other than the claimant has filed a claim to the defendant currency as required by law in the
26 administrative forfeiture proceeding.
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3.

Under 18 U.S.C. § 983(a)(3)(A), the United States is required to file a complaint for

28 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
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Stipulation to Extend Time to File Complaint
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1 currency is subject to forfeiture within ninety days after a claim has been filed in the administrative
2 forfeiture proceedings, unless the court extends the deadline for good cause shown or by agreement of
3 the parties. That deadline was April 24, 2014.
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4.

By Stipulation and Order filed April 29, 2014, the parties stipulated to extend to June 23,

5 2014, the time in which the United States is required to file a civil complaint for forfeiture against the
6 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
7 forfeiture.
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5.

By Stipulation and Order filed June 25, 2014, the parties stipulated to extend to August

9 22, 2014, the time in which the United States is required to file a civil complaint for forfeiture against
10 the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
11 forfeiture.
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6.

By Stipulation and Order filed September 9, 2014, the parties stipulated to extend to

13 October 21, 2014, the time in which the United States is required to file a civil complaint for forfeiture
14 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
15 subject to forfeiture.
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7.

As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to further

17 extend to November 20, 2014, the time in which the United States is required to file a civil complaint
18 for forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
19 currency is subject to forfeiture.
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Stipulation to Extend Time to File Complaint

7.

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Accordingly, the parties agree that the deadline by which the United States shall be

2 required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment
3 alleging that the defendant currency is subject to forfeiture shall be extended to November 20, 2014.
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5 Dated:

10/16/14

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

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Dated:

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BENJAMIN B. WAGNER
United States Attorney

10/16/14

/s/ Edward E. Moukawsher
EDWARD E. MOUKAWSHER
Attorney for Claimant Luis Rosario
(Authorized via telephone)

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Stipulation to Extend Time to File Complaint

ORDER

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Pursuant to the parties’ October 16, 2014, Stipulation (ECF No. 8), the deadline by

3 which the United States shall be required to file a complaint for forfeiture against the
4 defendant currency and/or to obtain an indictment alleging that the defendant currency is
5 subject to forfeiture IS EXTENDED to November 20, 2014.
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The four joint stipulations submitted in this case reflect that Edward E.

7 Moukawsher is counsel for Claimant Luis Rosario. See ECF Nos. 1, 3, 5, 8. Edward E.
8 Moukawsher is not admitted to practice in the Eastern District of California and should
9 not represent any party in this court until he applies for and is admitted before the
10 Eastern District of California. See Local Rule 180. Prior to the filing of a fifth (or any
11 additional) stipulations on behalf of Claimant Luis Rosario, Edward E. Moukawsher is
12 ORDERED to comply with the Court’s Local Rules. Plaintiff United States of America is
13 ORDERED to serve a copy of this Order on Edward E. Moukawsher.1
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IT IS SO ORDERED.

15 Dated: October 29, 2014
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In the event that Plaintiff United States seeks a further extension of time for filing a complaint for forfeiture

27 and/or to obtain an indictment alleging forfeiture and counsel for Claimant Luis Rosario is not yet admitted to practice
before the Eastern District of California, Plaintiff may submit an ex parte request in lieu of a fifth joint stipulation. Within

28 the ex parte application, Plaintiff may indicate whether Claimant Luis Rosario opposes the further extension of time.
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Stipulation to Extend Time to File Complaint
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