United States of America v. 2014 Porsche Panamera S

Filing 4

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr. on 06/23/15 ORDERING that the deadline by which the United States shall be required to file a complaint and/or to obtain an indictment is EXTENDED to 07/22/15. (Benson, 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
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

UNITED STATES OF AMERICA,

12

Plaintiff,

13

2:15-MC-00035-MCE-DAD

v.

14
15

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

16

Defendant.

17
18

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:
20

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.
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

1

Stipulation to Extend Time to File Complaint

3.

1

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 April 23, 2015.
4.

6

By Stipulation and Order filed April 21, 2015, the parties stipulated to extend to June 22,

7 2015, 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.
5.

10

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

11 July 22, 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.
6.

14

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

15 required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment
16 alleging that the defendant currency is subject to forfeiture shall be extended to July 22, 2015.
17 Dated:

6/22/15

18

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

19
20
21

Dated:

6/19/15

22
23
24
25

BENJAMIN B. WAGNER
United States Attorney

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

IT IS SO ORDERED.
Dated: June 23, 2015

26
27
28
29

2

Stipulation to Extend Time to File Complaint