United States of America v. Approximately $61,505 In United States Currency

Filing 31

STIPULATED REQUEST TO CONTINUE SUPPRESSION HEARING AND ORDER. Counsel shall submit, no later than Thursday, December 18, 2008 at 5:00 p.m., a jointly-proposed supplemental briefing schedule and hearing date. Signed by Judge Maxine M. Chesney on December 11, 2008. (mmclc2, COURT STAFF) (Filed on 12/11/2008)

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JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney BRIAN J. STRETCH (CSBN 163973) Acting Chief, Criminal Division SUSAN B. GRAY (CSBN 100374) Assistant United States Attorney 450 Golden Gate Avenue, 9th Floor San Francisco, CA 94102 Telephone: [phone] Facsimile: 415.436.6748 Email: [e-mail] Attorneys for United States of America

9 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 SAN FRANCISCO DIVISION 13 14 15 16 17 18 19 20 21 22 23 24 UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) APPROXIMATELY $61,505 IN UNITED ) STATES CURRENCY, ) ) Defendant. ) ) No. 07-5413 MMC

STIPULATED REQUEST TO CONTINUE SUPPRESSION HEARING AND (PROPOSED) ORDER

The United States, and Claimant Joseph Alioto, Jr, by and through his attorney, David. M. Michael, submit this joint request to continue the hearing on the claimant's motion to suppress currently scheduled in the above entitled case from December 12, 2008, to any of the dates suggested below, for the reasons set forth below. After consultation this afternoon, the parties agree that additional discussions between the

25 parties may help to narrow the issues before the court and allow for stipulated facts which would 26 lesson the court time necessary for the motion hearing. The parties request that the hearing be 27 continued to any of the following dates, January 26, 27, 28, or 30, or February 3, 4 or 6. 28 ///

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In the alternative, if the court's calendar does not permit a 30 to 60 day extension the parties agree to referral to a Magistrate Judge for the hearing and findings of fact and conclusions of law.

Respectfully submitted, JOSEPH P. RUSSONIELLO United States Attorney Dated: December 11, 2008 _______/S/_________________ SUSAN B. GRAY Assistant United States Attorney

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_______/S/_____________________ DAVID. M. MICHAEL, ESQ. Attorney for Claimant Frank Joseph Alioto, Jr.

GOOD CAUSE APPEARING, the hearing currently set for Claimant's Motion to hereby VACATED. Counsel shall submit, no later than Thursday, Suppress on December 12, 2008, is continued to _____________________, 2009. 16 December 18, 2008 at 5:00 p.m., a jointly-proposed supplemental briefing schedule and IT IS SO ORDERED hearing date. 17 IT IS SO ORDERED. 18 ________________________ Dated: December 11, 2008 19 MAXINE M. CHESNEY 20 United States District Judge 15 21 22 23 24 25 26 27 28 STIPULATION No. 07-5413 MMC

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