United States of America v. 2011 Toyota Sienna SE Wagon, VIN 5TDXK3DC7BS077981, License No. 6PSZ063

Filing 6

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 3/18/2015 ORDERING 5 that the deadline by which the United States shall be required to file a complaint for forfeiture against the defendant vehicle and/or to obtain an indictment alleging that the defendant vehicle are subject to forfeiture shall be EXTENDED to 6/22/2015. (Reader, L)

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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 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 13 14 15 2:14-MC-00111-TLN-CKD Plaintiff, STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE v. 2011 TOYOTA SIENNA SE WAGON, VIN: 5TDXK3DC7BS077981, LICENSE NUMBER: 6PSZ063, 16 Defendant. 17 18 It is hereby stipulated by and between the United States of America and claimant Jimmy 19 Quanguang Xu, through undersigned counsel, as follows: 20 1. On or about June 23, 2014, claimant Jimmy Quanguang Xu filed a claim, in the 21 administrative forfeiture proceedings, with the Drug Enforcement Administration with respect to the 22 2011 Toyota Sienna SE Wagon, VIN: 5TDXK3DC7BS0779, License Number: 6PSZ063 (hereafter 23 “defendant vehicle”), which were seized on May 1, 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 vehicle under 18 U.S.C. § 983(a)(2)(A)-(E), and no person other 27 than the claimant has filed a claim to the defendant vehicle as required by law in the administrative 28 forfeiture proceeding. 29 30 1 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 vehicle and/or to obtain an indictment alleging that the defendant 3 vehicle are 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 September 22, 2014. 6 4. By Stipulation and Order filed November 25, 2014, the parties stipulated to extend to 7 December 22, 2014, the time in which the United States is required to file a civil complaint for 8 forfeiture against the defendant vehicle and/or to obtain an indictment alleging that the defendant 9 vehicle is subject to forfeiture. 10 5. By Stipulation and Order filed December 24, 2014, the parties stipulated to extend to 11 March 23, 2015, the time in which the United States is required to file a civil complaint for forfeiture 12 against the defendant vehicle and/or to obtain an indictment alleging that the defendant vehicle is 13 subject to forfeiture. 14 6. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement for an extension 15 to June 22, 2015, the time in which the United States is required to file a civil complaint for forfeiture 16 against the defendant vehicle and/or to obtain an indictment alleging that the defendant vehicle are 17 subject to forfeiture. 18 7. Accordingly, the parties agree that the deadline by which the United States shall be 19 required to file a complaint for forfeiture against the defendant vehicle and/or to obtain an indictment 20 alleging that the defendant vehicle are subject to forfeiture shall be extended to June 22, 2015. 21 Dated: 3/17/2015 BENJAMIN B. WAGNER United States Attorney 22 By: 23 /s/ Kevin C. Khasigian KEVIN C. KHASIGIAN Assistant U.S. Attorney 24 25 Dated: 3/17/2015 26 27 /s/ Lawrence T. Niermeyer LAWRENCE T. NIERMEYER Attorney for Claimant Jimmy Quanguang Xu (As authorized via phone) 28 29 30 2 Stipulation and Order to Extend Time for Filing A Complaint for Forfeiture 1 IT IS SO ORDERED. 2 Dated: March 18, 2015 3 4 5 Troy L. Nunley United States District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3 Stipulation and Order to Extend Time for Filing A Complaint for Forfeiture

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