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

Filing 32

AMENDED STIPULATION and ORDER EXTENDING time for filing a complaint signed by District Judge Garland E. Burrell, Jr on 2/17/17 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 that the defendant currency are subject to forfeiture shall be EXTENDED 5/17/2017. (Mena-Sanchez, L)

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1 PHILLIP A. TALBERT United States Attorney 2 KEVIN C. KHASIGIAN Assistant U.S. Attorney 3 501 I Street, Suite 10-100 Sacramento, CA 95814 4 Telephone: (916) 554-2700 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 13 14 2:14-MC-00067-GEB-EFB Plaintiff, AMENDED 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, 15 Defendant. 16 17 18 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: 20 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. 24 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 claimants has filed a claim to the defendant currency as required by law in the 28 administrative forfeiture proceeding. 29 30 1 Amended Stipulation and Order to Extend Time for Filing A Complaint for Forfeiture 1 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. 6 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. 10 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. 14 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. 18 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. 22 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. 26 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 29 30 2 Amended Stipulation and Order to Extend Time for Filing A Complaint for Forfeiture 1 forfeiture. 2 10. By Stipulation and Order filed May 26, 2015, the parties stipulated to extend to August 3 28, 2015, the time in which the United States is required to file a civil complaint for forfeiture against 4 the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to 5 forfeiture. 6 11. By Stipulation and Order filed August 26, 2015, the parties stipulated to extend to 7 November 25, 2015, the time in which the United States is required to file a civil complaint for 8 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant 9 currency is subject to forfeiture. 10 12. By Stipulation and Order filed November 25, 2015, the parties stipulated to extend to 11 February 23, 2016, the time in which the United States is required to file a civil complaint for forfeiture 12 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is 13 subject to forfeiture. 14 13. By Stipulation and Order filed February 23, 2016, the parties stipulated to extend to 15 April 22, 2016, 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. 18 14. By Stipulation and Order filed April 12, 2016, the parties stipulated to extend to June 21, 19 2016, the time in which the United States is required to file a civil complaint for forfeiture against the 20 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to 21 forfeiture. 22 15. By Stipulation and Order filed June 10, 2016, the parties stipulated to extend to 23 September 19, 2016, the time in which the United States is required to file a civil complaint for 24 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant 25 currency is subject to forfeiture. 26 16. By Stipulation and Order filed September 15, 2016, the parties stipulated to extend to 27 November 18, 2016, the time in which the United States is required to file a civil complaint for 28 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant 29 30 3 Amended Stipulation and Order to Extend Time for Filing A Complaint for Forfeiture 1 currency is subject to forfeiture. 2 17. By Stipulation and Order filed November 15, 2016, the parties stipulated to extend to 3 February 16, 2016, the time in which the United States is required to file a civil complaint for forfeiture 4 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is 5 subject to forfeiture. 6 18. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to further 7 extend to May 17, 2017, the time in which the United States is required to file a civil complaint for 8 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant 9 currency is subject to forfeiture. 10 19. Accordingly, the parties agree that the deadline by which the United States shall be 11 required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment 12 alleging that the defendant currency are subject to forfeiture shall be extended to May 17, 2017. 13 Dated: 2/15/2017 PHILLIP A. TALBERT Acting United States Attorney 14 By: 15 /s/ Kevin C. Khasigian KEVIN C. KHASIGIAN Assistant U.S. Attorney 16 17 Dated: 2/15/2017 /s/ Jesse I. Santana JESSE I. SANTANA Attorney for Claimants (Authorized by email) 18 19 20 21 IT IS SO ORDERED. 22 Dated: February 17, 2017 23 24 25 26 27 28 29 30 4 Amended Stipulation and Order to Extend Time for Filing A Complaint for Forfeiture

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