United States of America v. 2014 Porsche Panamera S

Filing 2

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 4/20/15 re: 1 ORDERING and EXTENDING Time for Filing a Complaint for Forfeiture and/or to Obtain an Indictment Alleging Forfeiture. (Meuleman, A)

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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2:15-mc-0035-MCE-DAD

UNITED STATES OF AMERICA,

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Plaintiff,

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v.

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

2014 PORSCHE PANAMERA S; VIN:
WP0AB2A75EL056429; LICENSE NUMBER:
7EYU646

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Defendant.

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It is hereby stipulated by and between the United States of America and claimant Johnny Luong

19 (“claimant”), by and through their respective counsel, as follows:
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1.

On or about January 23, 2015, claimant Johnny Luong filed a claim in the administrative

21 forfeiture proceedings with the Drug Enforcement Administration with respect to the 2014 Porsche
22 Panamera S; VIN: WP0AB2A75EL056429; LICENSE NUMBER: 7EYU646 (“defendant vehicle”),
23 which was seized on October 2, 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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1

Stipulation to Extend Time to File Complaint

3.

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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 is April 23, 2015.
4.

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

7 June 22, 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.
5.

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

11 required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment
12 alleging that the defendant currency is subject to forfeiture shall be extended to June 22, 2015.
13 Dated:

4/17/15

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

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BENJAMIN B. WAGNER
United States Attorney

Dated:

4/17/15

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/s/ John S. Harrison
JOHN S. HARRISON
Attorney for Claimant Johnny Luong
(Authorized via email)

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22 IT IS SO ORDERED.
23 Dated: April 20, 2015
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2

Stipulation to Extend Time to File Complaint