United States of America v. Approximately $30,000.00 in U.S. Currency

Filing 15

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 11/19/15. 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 is subject to forfeiture shall be extended to 1/19/16. (Mena-Sanchez, 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: [phone]
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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Plaintiff,

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2:14-MC-00152-TLN-CKD

v.

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STIPULATION AND ORDER
EXTENDING TIME FOR FILING
A COMPLAINT FOR FORFEITURE
AND/OR TO OBTAIN AN INDICTMENT
ALLEGING FORFEITURE

APPROXIMATELY $30,000.00 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 Juber Flores-

18 Suarez (“claimants” or “Flores-Suarez”) and Rafael Martinez-Suarez (“claimants” or “Martinez19 Suarez”), by and through their respective counsel, as follows:
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1.

On or about September 29, 2014, claimants Juber Flores-Suarez and Rafael Martinez-

21 Suarez filed claims, in the administrative forfeiture proceedings, with the Drug Enforcement
22 Administration with respect to the Approximately $30,000.00 in U.S. Currency (hereafter “defendant
23 currency”), which was seized on June 9, 2014.
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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 to Extend Time to File Complaint

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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 December 26, 2014.
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4.

By Stipulation and Order filed December 24, 2014, the parties stipulated to extend to

7 February 24, 2015, the time in which the United States is required to file a civil complaint for forfeiture
8 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
9 subject to forfeiture.
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5.

By Stipulation and Order filed February 23, 2015, the parties stipulated to extend to

11 April 25, 2015, 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.
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6.

By Stipulation and Order filed April 20, 2015, the parties stipulated to extend to June 24,

15 2015, the time in which the United States is required to file a civil complaint for forfeiture against the
16 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
17 forfeiture.
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7.

By Stipulation and Order filed June 26, 2015, the parties stipulated to extend to

19 September 22, 2015, the time in which the United States is required to file a civil complaint for
20 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
21 currency is subject to forfeiture.
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8.

By Stipulation and Order filed September 21, 2015, the parties stipulated to extend to

23 November 20, 2015, 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.
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9.

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

27 extend to January 19, 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
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Stipulation to Extend Time to File Complaint
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1 currency is subject to forfeiture.
10.

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Accordingly, the parties agree that the deadline by which the United States shall be

3 required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment
4 alleging that the defendant currency is subject to forfeiture shall be extended to January 19, 2016.
5 Dated:

11/18/15

BENJAMIN B. WAGNER
United States Attorney

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/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney

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Dated:

11/18/15

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/s/ Brett A. Purtzer
BRETT A. PURTZER
Attorney for Claimants Juber Flores-Suarez &
Rafael Martinez-Suarez

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Authorized via email

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13 IT IS SO ORDERED.
14 Dated: November 19, 2015
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Troy L. Nunley
United States District Judge

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Stipulation to Extend Time to File Complaint