United States of America v. Heavy Machinery Performa Akira Seiki Date 2000, et al.

Filing 10

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 6/16/15. The deadline by which the United States shall be required to file a complaint for forfeiture and/or obtain an indictment shall be extended to 7/20/15. (Manzer, C)

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BENJAMIN B. WAGNER
United States Attorney
KEVIN C. KHASIGIAN
Assistant U. S. Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]

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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,
v.
HEAVY MACHINERY PERFORMA AKIRA
SEIKI DATE 2000, MODEL V-4A SERIAL
NUMBER: 00VGN305-389,

2:14-mc-00089-MCE-EFB
STIPULATION AND ORDER EXTENDING TIME
FOR FILING A COMPLAINT FOR FORFEITURE
AND/OR TO OBTAIN AN INDICTMENT
ALLEGING FORFEITURE

HEAVY MACHINERY PERFORMA AKIRA
SEIKI DATE 1999, MODEL V3 SERIAL
NUMBER: 99VDN180-175, and
HEAVY MACHINERY PERFORMA AKIRA
SEIKI DATE 1998, MODEL V2, SERIAL
NUMBER: 98N165-065,

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Defendants.

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It is hereby stipulated by and between the United States of America and potential claimants Dean

23 Wilson and Lisa Wilson (“claimants”), by and through their respective attorneys, as follows:
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1.

On or about March 25, 2014, claimants filed a claim in the administrative forfeiture

25 proceeding with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) with respect to the
26 Heavy Machinery listed above (hereafter “defendant properties”), which were seized on or about October
27 9, 2013.
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2.

The ATF has sent the written notice of intent to forfeit required by 18 U.S.C. §
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Stipulation and Order to Extend Time

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

5 forfeiture against the defendant properties and/or to obtain an indictment alleging that the defendant
6 properties are subject to forfeiture within ninety days after a claim has been filed in the administrative
7 forfeiture proceeding, unless the court extends the deadline for good cause shown or by agreement of the
8 parties. That deadline was June 23, 2014.
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4.

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

10 22, 2014, the time in which the United States is required to file a civil complaint for forfeiture against the
11 defendant properties and/or to obtain an indictment alleging that the defendant properties are subject to
12 forfeiture.
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5.

By Stipulation and Order filed September 22, 2014, the parties stipulated to extend to

14 December 22, 2014, the time in which the United States is required to file a civil complaint for forfeiture
15 against the defendant properties and/or to obtain an indictment alleging that the defendant properties are
16 subject to forfeiture.
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6.

By Stipulation and Order filed on or about December 12, 2014, the parties stipulated to

18 extend to March 23, 2015, the time in which the United States is required to file a civil complaint for
19 forfeiture against the defendant properties and/or to obtain an indictment alleging that the defendant
20 properties are subject to forfeiture.
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7.

By Stipulation and Order filed on or about March 20, 2015, the parties stipulated to extend

22 to June 19, 2015, the time in which the United States is required to file a civil complaint for forfeiture
23 against the defendant properties and/or to obtain an indictment alleging that the defendant properties are
24 subject to forfeiture.
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8.

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

26 to July 20, 2015, the time in which the United States is required to file a civil complaint for forfeiture
27 against the defendant properties and/or to obtain an indictment alleging that the defendant properties are
28 subject to forfeiture.
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Stipulation and Order to Extend Time

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9.

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 properties and/or to obtain an indictment
3 alleging that the defendant properties are subject to forfeiture shall be extended to July 20, 2015.
4 Dated: 6/15/15
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By:

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8 Dated: 6/12/15
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/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
/s/ Mark Reichel
Mark Reichel
Attorney for claimants
Dean Wilson and Lisa Wilson
(Authorized by email)

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BENJAMIN B. WAGNER
United States Attorney

IT IS SO ORDERED.

13 Dated: June 16, 2015
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Stipulation and Order to Extend Time