United States of America v. Approximately $30,000.00 in U.S. Currency
Filing
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STIPULATION and ORDER signed by District Judge Troy L. Nunley on 2/12/18 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 shall be EXTENDED to 3/12/2018. (Mena-Sanchez, L)
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MCGREGOR W. SCOTT
United States Attorney
KEVIN C. KHASIGIAN
Assistant U. S. Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: (916) 554-2700
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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,
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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 and Order 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.
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
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Stipulation and Order to Extend Time to File
29
Complaint
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1 subject to forfeiture.
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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.
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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.
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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.
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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.
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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.
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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.
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16.
By Stipulation and Order filed October 18, 2016, the parties stipulated to extend to
27 January 12, 2017, 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
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Stipulation and Order to Extend Time to File
29
Complaint
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1 subject to forfeiture.
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17.
By Stipulation and Order filed January 6, 2017, the parties stipulated to extend to March
3 13, 2017, the time in which the United States is required to file a civil complaint for forfeiture against
4 the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
5 forfeiture.
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18.
By Stipulation and Order filed March 8, 2017, the parties stipulated to extend to June 12,
7 2017, the time in which the United States is required to file a civil complaint for forfeiture against the
8 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
9 forfeiture.
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19.
By Stipulation and Order filed June 1, 2017, the parties stipulated to extend to
11 September 11, 2017, the time in which the United States is required to file a civil complaint for
12 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
13 currency is subject to forfeiture.
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20.
By Stipulation and Order filed September 12, 2017, the parties stipulated to extend to
15 November 10, 2017, the time in which the United States is required to file a civil complaint for
16 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
17 currency is subject to forfeiture.
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21.
By Stipulation and Order filed November 7, 2017, the parties stipulated to extend to
19 December 11, 2017, 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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22.
By Stipulation and Order filed December 11, 2017, the parties stipulated to extend to
23 January 11, 2018, 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.
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23.
By Stipulation and Order filed January 10, 2018, the parties stipulated to extend to
27 February 12, 2018, 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
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Stipulation and Order to Extend Time to File
29
Complaint
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1 subject to forfeiture.
24.
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As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to further
3 extend to March 12, 2018, the time in which the United States is required to file a civil complaint for
4 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
5 currency is subject to forfeiture.
25.
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Accordingly, the parties agree that the deadline by which the United States shall be
7 required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment
8 alleging that the defendant currency is subject to forfeiture shall be extended to March 12, 2018.
9 Dated:
2/02/2018
MCGREGOR W. SCOTT
United States Attorney
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/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
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Dated:
2/02/2018
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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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IT IS SO ORDERED.
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19 Dated: 2/12/2018
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Troy L. Nunley
United States District Judge
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Stipulation and Order to Extend Time to File
Complaint
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