United States of America v. 2011 Toyota Sienna SE Wagon, VIN 5TDXK3DC7BS077981, License No. 6PSZ063
Filing
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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)
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-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,
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Defendant.
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It is hereby stipulated by and between the United States of America and claimant Jimmy
19 Quanguang Xu, through undersigned counsel, as follows:
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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.
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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 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.
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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 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.
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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.
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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.
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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.
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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
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By:
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/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
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25 Dated: 3/17/2015
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/s/ Lawrence T. Niermeyer
LAWRENCE T. NIERMEYER
Attorney for Claimant Jimmy Quanguang Xu
(As authorized via phone)
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Stipulation and Order to Extend Time
for Filing A Complaint for Forfeiture
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IT IS SO ORDERED.
2 Dated: March 18, 2015
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Troy L. Nunley
United States District Judge
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Stipulation and Order to Extend Time
for Filing A Complaint for Forfeiture
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