United States of America v. Approximately $28,500.00 in U.S. Currency
Filing
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STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 8/28/14 ORDERING the parties agree 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 is extended to November 4, 2014. (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: (916) 554-2700
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.
As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to further
15 extend to November 4, 2014, the time in which the United States is required to file a civil complaint for
16 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
17 currency is subject to forfeiture.
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Stipulation and Order to Extend Time
for Filing A Complaint for Forfeiture
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7.
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 are subject to forfeiture shall be extended to November 4, 2014.
4 Dated:
8/27/14
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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8 Dated:
8/27/14
/s/ Jesse I. Santana
JESSE I. SANTANA
Attorney for Claimants
(Authorized via email 8/27/14)
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IT IS SO ORDERED.
13 Dated: August 28, 2014
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Stipulation and Order to Extend Time
for Filing A Complaint for Forfeiture
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