United States of America v. Approximately $84,359.00 in U.S. Currency et al

Filing 2

STIPULATION and ORDER 1 for extension of time signed by Chief Judge Morrison C. England, Jr. on 4/28/2015. The deadline by which United States shall file a Complaint for Forfeiture against defendant properties and/or to obtain an Indictment alleging that defendant properties are subject to forfeiture is EXTENDED to 7/17/2015. (Marciel, M)

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BENJAMIN B. WAGNER
United States Attorney
KEVIN C. KHASIGIAN
Assistant U. S. Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]

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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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2:15-MC-00036-MCE-DAD

Plaintiff,

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

v.
APPROXIMATELY $84,359.00 IN U.S.
CURRENCY,
2013 CHEVROLET CAMARO SS, LICENSE
NUMBER 7GXH521, VIN: 2G1FK3DJ7D9224539,
2009 HARLEY DAVIDSON, LICENSE NUMBER
21P6911, VIN: 1HD1GY4319K311293,
2007 CHEVROLET AVALANCHE CREW CAB
1500, LICENSE NUMBER 10031T1, VIN:
3GNEC12017G225993, AND
2004 CADILLAC XLR, LICENSE NUMBER
7GXH653, VIN: 1G6YV34A345601665,

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Defendants.

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It is hereby stipulated by and between the United States of America and potential claimant David

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

On or about February 17, 2015, the Citrus Heights Police Department seized the above-

27 referenced defendant properties as part of a joint investigation with the Bureau of Alcohol, Tobacco,
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1

Stipulation and Order to Extend Time

1 Firearms and Explosives.
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2.

Under 18 U.S.C. §§ 983(a)(1)(A)(iv) and 983 (a)(3)(A), the United States is required to

3 send notice to potential claimants, file a complaint for forfeiture against the defendant properties, and/or
4 obtain an indictment alleging that the defendant properties are subject to forfeiture within ninety days of
5 seizure by the State or local law enforcement agency, unless the court extends the deadline for good
6 cause shown or by agreement of the parties. That deadline is May 18, 2015.
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3.

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

8 17, 2015, the time in which the United States is required to file a civil complaint for forfeiture against the
9 defendant properties and/or to obtain an indictment alleging that the defendant properties are subject to
10 forfeiture.
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4.

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

12 required to file a complaint for forfeiture against the defendant properties and/or to obtain an indictment
13 alleging that the defendant properties are subject to forfeiture shall be extended to July 17, 2015.
14 Dated: 4/22/15
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BENJAMIN B. WAGNER
United States Attorney
By:

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18 Dated: 4/9/15
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/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
/s/ Linda Parisi
LINDA PARISI
Attorney for potential claimant
David Allen Smith
(Authorized by email)

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IT IS SO ORDERED.

24 Dated: April 28, 2015
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Stipulation and Order to Extend Time