United States of America v. Approximately $40,350.00 in U.S. Currency

Filing 4

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 12/05/17 ORDERING that time for the USA to File a Complaint for Forfeiture and/or to Obtain an Indictment Alleging Forfeiture is EXTENDED to 12/27/17. (Benson, A.)

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PHILLIP A. TALBERT
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-00161-TLN-AC

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APPROXIMATELY $40,350.00 IN U.S.
CURRENCY,

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 potential claimant

18 NYSDE Motorsports, LLC (“NSYDE”), by and through their respective counsel, as follows:
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1.

On or about July 28, 2017, claimant NSYDE filed a claim in the administrative

20 forfeiture proceedings with the United States Postal Inspection Service with respect to the
21 Approximately $40,350.00 in U.S. Currency. (hereafter “defendant currency”), which was seized on
22 May 10, 2017.
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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.
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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 is October 26, 2017.
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4.

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

6 November 27, 2017, 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.
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5.

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

10 extend to December 27, 2017, the time in which the United States is required to file a civil complaint
11 for forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
12 currency is subject to forfeiture.
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6.

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

14 required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment
15 alleging that the defendant currency is subject to forfeiture shall be extended to December 27, 2017.
16 Dated:

11/21/2017

PHILLIP A. TALBERT
United States Attorney

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

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21 Dated:

11/21/2017

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/s/ Paul F. Adamson
PAUL F. ADAMSON
Attorney for claimant
NYSDE Motorsports, LLC
(Authorized via email)

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IT IS SO ORDERED.

26 Dated: December 5, 2017
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Troy L. Nunley
United States District Judge
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Stipulation to Extend Time to File Complaint