United States of America v. Real Property et al

Filing 28

STIPULATION AND ORDER extending stay. Signed by Judge Samuel Conti on 9/10/09. (tdm, COURT STAFF) (Filed on 9/10/2009)

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JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney BRIAN J. STRETCH (CSBN 163973) Chief, Criminal Division PATRICIA J. KENNEY (CSBN 130238) Assistant United States Attorney 450 Golden Gate Avenue San Francisco, CA 94102 Telephone: [phone] Facsimile: 415.436.6748 Email: [e-mail] Attorneys for United States of America UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION UNITED STATES OF AMERICA, Plaintiff, v. (1) REAL PROPERTY LOCATED AT 2775 ROCHELLE STREET, SANTA ROSA, CA (APN 152-040-037-000); (2) A SMITH & WESSON .38 CALIBER AIRWEIGHT 5-SHOT REVOLVER (SERIAL NUMBER CJR7006 642-2); AND (3) A GLOCK-19 9MM SEMIAUTOMATIC HANDGUN (SERIAL NUMBER FDF510), Defendant. ADAM MCMAINS, Claimant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. 06-4903 SC

STIPULATION AND ORDER

By agreement of the parties, the Court initially stayed the instant case pursuant to 18 U.S.C. § 981(g)(1) and (2) on November 29, 2006, and the case has been stayed since that time because of an ongoing criminal investigation. See Stipulation and Order, etc., filed December 2, 2008. The Court requested the parties to provide a further status report.

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See Stipulation and Order, etc., filed January 14, 2009. The parties apologize for failing to file that report in a timely fashion. The undersigned Assistant United States Attorney conferred with the Assistant United States Attorneys handling the ongoing criminal investigation who suggest the current stay be continued and have requested the undersigned Assistant United States Attorney to ask the Court to set a new date for the filing of a status report. Accordingly, counsel for claimant and the undersigned Assistant United States agree that there is a basis for continuing the stay under 18 U.S.C. § 981(g) and the parties should file a further report on or before December 1, 2009 with the understanding that, if the parties believe that conditions for the current stay have changed between now and June 1, 2009, the parties can request the Court to place this case back on its active calendar for a case management conference. IT IS SO STIPULATED: Dated: September 4 , 2009 JOSEPH P. RUSSONIELLO United States Attorney /s/ PATRICIA J. KENNEY Assistant United States Attorney LAW OFFICES OF GEORGE C. BOISSEAU Dated: September 4 , 2009 /s/ GEORGE C. BOISSEAU Attorney for claimant Adam McMains

IT IS SO ORDERED PURSUANT TO THE FOREGOING STIPULATION ON THIS 10 DAY OF September , 2009, THAT THE PARTIES SHALL FILE A

JOINT STATUS REPORT ON OR BEFORE DECEMBER 1, 2009 AND THAT THE PARTIES SHALL NOTIFY THE COURT IF THE CONDITIONS FOR THE CURRENT STAY CHANGE.
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