United States of America v. Approximately $7,000.00 in U.S. Currency

Filing 12

ORDER signed by District Judge Morrison C. England, Jr on 6/26/2017 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 8/21/2017.(Reader, L)

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1 4 PHILLIP A. TALBERT 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 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 v. 14 15 APPROXIMATELY $7,000.00 IN U.S. CURRENCY, STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE Defendant. 16 17 2:16-MC-00192-MCE-CKD It is hereby stipulated by and between the United States of America and claimants Ellena 18 Jackson (“Jackson”) and Mike Pool (“Pool”), by and through their respective counsel, as follows: 19 1. On or about September 22, 2016, claimants Jackson and Pool filed claims in the 20 administrative forfeiture proceedings with the United States Postal Inspection Service with respect to 21 the Approximately $7,000.00 in U.S. Currency. (hereafter “defendant currency”), which was seized on 22 July 7, 2016. 23 2. The United States Postal Inspection Service has sent the written notice of intent to forfeit 24 required by 18 U.S.C. § 983(a)(1)(A) to all known interested parties. The time has expired for any 25 person to file a claim to the defendant currency under 18 U.S.C. § 983(a)(2)(A)-(E), and no person 26 other than the claimant has filed a claim to the defendant currency as required by law in the 27 administrative forfeiture proceeding. 28 29 3. Under 18 U.S.C. § 983(a)(3)(A), the United States is required to file a complaint for 1 Stipulation to Extend Time to File Complaint 1 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant 2 currency is subject to forfeiture within ninety days after a claim has been filed in the administrative 3 forfeiture proceedings, unless the court extends the deadline for good cause shown or by agreement of 4 the parties. That deadline was December 21, 2016. 5 4. By Stipulation and Order filed January 6, 2017, the parties stipulated to extend to 6 January 20, 2017, the time in which the United States is required to file a civil complaint for forfeiture 7 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is 8 subject to forfeiture. 9 5. By Stipulation and Order filed January 20, 2017, the parties stipulated to extend to 10 February 20, 2017, the time in which the United States is required to file a civil complaint for forfeiture 11 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is 12 subject to forfeiture. 13 6. By Stipulation and Order filed February 23, 2017, the parties stipulated to extend to 14 March 22, 2017, the time in which the United States is required to file a civil complaint for forfeiture 15 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is 16 subject to forfeiture. 17 7. By Stipulation and Order filed March 23, 2017, the parties stipulated to extend to April 18 21, 2017, the time in which the United States is required to file a civil complaint for forfeiture against 19 the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to 20 forfeiture. 21 8. By Stipulation and Order filed April 26, 2017, the parties stipulated to extend to June 21, 22 2017, the time in which the United States is required to file a civil complaint for forfeiture against the 23 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to 24 forfeiture. 25 9. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to extend to 26 August 21, 2017, the time in which the United States is required to file a civil complaint for forfeiture 27 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is 28 subject to forfeiture. 29 2 Stipulation to Extend Time to File Complaint 10. 1 Accordingly, the parties agree that the deadline by which the United States shall be 2 required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment 3 alleging that the defendant currency is subject to forfeiture shall be extended to August 21, 2017. 4 Dated: 6/21/2017 5 6 PHILLIP A. TALBERT United States Attorney /s/ Kevin C. Khasigian KEVIN C. KHASIGIAN Assistant U.S. Attorney 7 8 9 Dated: 6/21/2017 10 11 /s/ Justin L. Ward JUSTIN L. WARD Attorney for claimants Ellena Jackson and Mike Pool (Authorized via phone) 12 13 14 ORDER 15 Pursuant to the stipulation of the parties, the deadline by which the United States shall be 16 required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment 17 alleging that the defendant currency is subject to forfeiture shall be extended to August 21, 2017. 18 IT IS SO ORDERED. 19 Dated: June 26, 2017 20 21 22 23 24 25 26 27 28 29 3 Stipulation to Extend Time to File Complaint

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