United States of America v. Approximately $138,531.79 in Escrow Proceeds of 2306 Nightingale Ave., Stockton, California

Filing 20

ORDER signed by Senior Judge William B. Shubb on 10/1/2018 12/31/2018 ACCORDINGLY the parties agree that the deadline by which the U.S. 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 12/31/2018.(Reader, 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: [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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Plaintiff,

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v.

2:17-MC-00039-WBS-CKD

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APPROXIMATELY $138,531.79 IN
ESCROW PROCEEDS OF 2306
NIGHTINGALE AVE., STOCKTON,
CALIFORNIA,

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

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Defendant.
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It is hereby stipulated by and between the United States of America and claimant Janet

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

On or about December 8, 2016, claimant Paniagua filed a claim in the administrative

21 forfeiture proceedings with the Federal Bureau of Investigation (“FBI”) with respect to the
22 Approximately $138,531.79 in Escrow Proceeds of 2306 Nightingale Ave., Stockton, California
23 hereafter “defendant currency”), which was seized on September 2, 2016.
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2.

The FBI has sent the written notice of intent to forfeit required by 18 U.S.C. §

25 983(a)(1)(A) to all known interested parties. The time has expired for any person to file a claim to the
26 defendant currency under 18 U.S.C. § 983(a)(2)(A)-(E), and no person other than the claimant has filed
27 a claim to the defendant currency as required by law in the administrative forfeiture proceeding.
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3.

Under 18 U.S.C. § 983(a)(3)(A), the United States is required to file a complaint for
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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 March 8, 2017.
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4.

By Stipulation and Order filed March 3, 2017, the parties stipulated to extend to June 6,

6 2017, the time in which the United States is required to file a civil complaint for forfeiture against the
7 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
8 forfeiture.
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5.

By Stipulation and Order filed May 31, 2017, the parties stipulated to extend to

10 September 5, 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.
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6.

By Stipulation and Order filed August 31, 2017, the parties stipulated to extend to

14 October 5, 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.
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7.

By Stipulation and Order filed October 10, 2017, the parties stipulated to extend to

18 November 6, 2017, the time in which the United States is required to file a civil complaint for forfeiture
19 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
20 subject to forfeiture.
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8.

By Stipulation and Order filed November 3, 2017, the parties stipulated to extend to

22 January 5, 2018, the time in which the United States is required to file a civil complaint for forfeiture
23 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
24 subject to forfeiture.
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9.

By Stipulation and Order filed December 27, 2017, the parties stipulated to extend to

26 March 6, 2018, 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.
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Stipulation to Extend Time to File Complaint

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10.

By Stipulation and Order filed March 2, 2018, the parties stipulated to extend to May 4,

2 2018, the time in which the United States is required to file a civil complaint for forfeiture against the
3 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
4 forfeiture.
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11.

By Stipulation and Order filed May 2, 2018, the parties stipulated to extend to August 2,

6 2018, the time in which the United States is required to file a civil complaint for forfeiture against the
7 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
8 forfeiture.
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12.

By Stipulation and Order filed July 27, 2018, the parties stipulated to extend to October

10 1, 2018, the time in which the United States is required to file a civil complaint for forfeiture against
11 the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
12 forfeiture.
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13.

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

14 December 31, 2018, the time in which the United States is required to file a civil complaint for
15 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
16 currency is subject to forfeiture.
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14.

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

18 required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment
19 alleging that the defendant currency is subject to forfeiture shall be extended to December 31, 2018.
20 Dated:

9/28/2018

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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25 Dated:
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9/28/2018

/s/ Mark J. Reichel
MARK J. REICHEL
Attorney for Janet Paniagua
(authorized via phone)

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Stipulation to Extend Time to File Complaint

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IT IS SO ORDERED.

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Dated: September 28, 2018

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Stipulation to Extend Time to File Complaint