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

Filing 8

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 10/6/2017 GRANTING Extension of Time to 11/6/2017 to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment. (Hunt, G)

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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. 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 proceedings, 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. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement 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 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 29 30 2 Stipulation to Extend Time to File Complaint 1 8. 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 November 6, 2017. 4 Dated: 10/4/17 PHILLIP A. TALBERT United States Attorney 5 6 /s/ Kevin C. Khasigian KEVIN C. KHASIGIAN Assistant U.S. Attorney 7 8 9 Dated: 10/4/17 10 11 12 /s/ Mark J. Reichel MARK J. REICHEL Attorney for Janet Paniagua IT IS SO ORDERED. Dated: October 6, 2017 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3 Stipulation to Extend Time to File Complaint

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