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

Filing 31

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 10/17/16 ORDERING 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 is EXTENDED to 1/12/17. (Washington, S)

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4 PHILLIP A. TALBERT Acting United States Attorney KEVIN C. KHASIGIAN Assistant U. S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916) 554-2700 5 Attorneys for the United States 1 2 3 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 Plaintiff, 13 2:14-MC-00152-TLN-CKD v. 14 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, 15 Defendant 16 17 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: 20 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. 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 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. 29 30 1 Stipulation to Extend Time to File Complaint 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 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. 6 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. 10 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. 14 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. 18 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. 22 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. 26 9. By Stipulation and Order filed November 20, 2015, the parties stipulated to extend to 27 January 19, 2016, the time in which the United States is required to file a civil complaint for forfeiture 28 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is 2 Stipulation to Extend Time to File Complaint 29 30 1 subject to forfeiture. 2 10. By Stipulation and Order filed January 19, 2016, the parties stipulated to extend to 3 March 18, 2016, the time in which the United States is required to file a civil complaint for forfeiture 4 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is 5 subject to forfeiture. 6 11. By Stipulation and Order filed March 15, 2016, the parties stipulated to extend to May 7 17, 2016, the time in which the United States is required to file a civil complaint for forfeiture against 8 the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to 9 forfeiture. 10 12. By Stipulation and Order filed May 16, 2016, the parties stipulated to extend to June 16, 11 2016, the time in which the United States is required to file a civil complaint for forfeiture against the 12 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to 13 forfeiture. 14 13. By Stipulation and Order filed July 22, 2016, the parties stipulated to extend to August 15 15, 2016, the time in which the United States is required to file a civil complaint for forfeiture against 16 the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to 17 forfeiture. 18 14. By Stipulation and Order filed August 12, 2016, the parties stipulated to extend to 19 September 15, 2016, 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. 22 15. By Stipulation and Order filed September 9, 2016, the parties stipulated to extend to 23 October 14, 2016, the time in which the United States is required to file a civil complaint for forfeiture 24 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is 25 subject to forfeiture. 26 16. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to further 27 extend to January 12, 2017, 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 3 Stipulation to Extend Time to File Complaint 29 30 1 currency is subject to forfeiture. 17. 2 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 12, 2017. 5 Dated: 10/12/16 PHILLIP A. TALBERT Acting United States Attorney 6 /s/ Kevin C. Khasigian KEVIN C. KHASIGIAN Assistant U.S. Attorney 7 8 9 Dated: 10/12/16 11 /s/ Brett A. Purtzer BRETT A. PURTZER Attorney for Claimants Juber Flores-Suarez & Rafael Martinez-Suarez 12 Authorized via phone 10 13 IT IS SO ORDERED. 14 Dated: October 17, 2016 15 16 Troy L. Nunley United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 29 30 4 Stipulation to Extend Time to File Complaint

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