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

Filing 36

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 6/16/2020 EXTENDING the time 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 to 8/21/2020. (Mena-Sanchez, L)

1

4

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

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.

2:17-MC-00039-WBS-CKD

14
15

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

16
Defendant.
17
18

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:
20

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.
24

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.
28
29
30

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 proceeding, unless the court extends the deadline for good cause shown or by agreement of
4 the parties. That deadline was March 8, 2017.
5

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.
9

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.
13

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.
17

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.
21

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.
25

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.
29
30

2

Stipulation to Extend Time to File Complaint

1

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.
5

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.
9

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.
13

13.

By Stipulation and Order filed October 1, 2018, the parties stipulated 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.
17

14.

By Stipulation and Order filed December 21, 2018, the parties stipulated to extend to

18 April 1, 2019, 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.
21

15.

By Stipulation and Order filed March 28, 2019, the parties stipulated to extend to July 1,

22 2019, 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

16.

By Stipulation and Order filed June 26, 2019, the parties stipulated to extend to

26 September 30, 2019, the time in which the United States is required to file a civil complaint for
27 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
28 currency is subject to forfeiture.
29
30

3

Stipulation to Extend Time to File Complaint

1

17.

By Stipulation and Order filed September 16, 2019, the parties stipulated to extend to

2 November 29, 2019, the time in which the United States is required to file a civil complaint for
3 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
4 currency is subject to forfeiture.
5

18.

By Stipulation and Order filed September 16, 2019, the parties stipulated to extend to

6 November 29, 2019, the time in which the United States is required to file a civil complaint for
7 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
8 currency is subject to forfeiture
9

19.

By Stipulation and Order filed November 27, 2019, the parties stipulated to extend to

10 January 28, 2020, 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

20.

By Stipulation and Order filed January 27, 2020, the parties stipulated to extend to April

14 23, 2020, the time in which the United States is required to file a civil complaint for forfeiture against
15 the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
16 forfeiture.
17

21.

By Stipulation and Order filed April 15, 2020, the parties stipulated to extend to June 22,

18 2020, the time in which the United States is required to file a civil complaint for forfeiture against the
19 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
20 forfeiture.
21

22.

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

22 August 21, 2020, 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.
25 ///
26 ///
27 ///
28 ///
29
30

4

Stipulation to Extend Time to File Complaint

23.

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, 2020.
4 Dated:

6/16/2020

MCGREGOR W. SCOTT
United States Attorney

5
6

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

7
8
9 Dated:

6/16/2020

10
11

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

12
13
14

IT IS SO ORDERED.
Dated: June 16, 2020

15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30

5

Stipulation to Extend Time to File Complaint