United States of America v. Approximately $28,500.00 in U.S. Currency

Filing 14

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 05/26/15 ordering that 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 alleging the defendant currency are subject to forfeiture shall be extended to 8/28/15. (Plummer, M)

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-MC-00067-GEB-EFB

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

v.
APPROXIMATELY $28,500.00 IN U.S.
CURRENCY,

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Defendant.
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It is hereby stipulated by and between the United States of America and claimants Hector

19 Rodriguez, Sr. and Zoila Rodriguez, through undersigned counsel, as follows:
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1.

On or about February 5, 2014, claimants Hector Rodriguez, Sr. and Zoila Rodriguez

21 filed a claim, in the administrative forfeiture proceedings, with the Drug Enforcement Administration
22 with respect to the Approximately $28,500.00 in U.S. Currency (hereafter “defendant currency”),
23 which was seized between November 26, 2013.
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2.

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

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

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3.

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

2 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
3 currency is subject to forfeiture within ninety days after a claim has been filed in the administrative
4 forfeiture proceedings, unless the court extends the deadline for good cause shown or by agreement of
5 the parties. That deadline was May 5, 2014.
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4.

By Stipulation and Order filed May 2, 2014, the parties stipulated to extend to July 7,

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

By Stipulation and Order filed July 3, 2014, the parties stipulated to extend to September

11 5, 2014, the time in which the United States is required to file a civil complaint for forfeiture against
12 the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
13 forfeiture.
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6.

By Stipulation and Order filed August 29, 2014, the parties stipulated to extend to

15 November 4, 2014, the time in which the United States is required to file a civil complaint for forfeiture
16 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
17 subject to forfeiture.
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7.

By Stipulation and Order filed October 30, 2014, the parties stipulated to extend to

19 February 4, 2015, the time in which the United States is required to file a civil complaint for forfeiture
20 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
21 subject to forfeiture.
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8.

By Stipulation and Order filed February 2, 2015, the parties stipulated to extend to April

23 3, 2015, the time in which the United States is required to file a civil complaint for forfeiture against
24 the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
25 forfeiture.
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9.

By Stipulation and Order filed April 2, 2015, the parties stipulated to extend to June 1,

27 2015, the time in which the United States is required to file a civil complaint for forfeiture against the
28 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
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Stipulation and Order to Extend Time
for Filing A Complaint for Forfeiture

1 forfeiture.
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10.

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

3 extend to August 28, 2015, the time in which the United States is required to file a civil complaint for
4 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
5 currency is subject to forfeiture.
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11.

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

7 required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment
8 alleging that the defendant currency are subject to forfeiture shall be extended to August 28, 2015.
9 Dated:

5/22/15

BENJAMIN B. WAGNER
United States Attorney

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

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13 Dated:

5/22/15
/s/ Jesse I. Santana
JESSE I. SANTANA
Attorney for Claimants
(Authorized via email 5/22/15)

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IT IS SO ORDERED.

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Dated: May 26, 2015

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Stipulation and Order to Extend Time
for Filing A Complaint for Forfeiture