United States of America v. Approximately $61,386.00 in United States Currency

Filing 33

ORDER CONTINUING CMC. The Case Management Conference is continued from April 2, 2010 to April 30, 2010. No further Case Management Statement is required. Signed by Judge Maxine M. Chesney on March 31, 2010. (mmclc1, COURT STAFF) (Filed on 3/31/2010)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ERIK BABCOCK 1212 Broadway, Suite 726 Oakland, CA 94612 510.452.8400 tel. Attorney for Claimaints UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION UNITED STATES OF AMERICA ) ) Plaintiff, ) ) v. ) ) APPROXIMATELY $61,383.00 IN ) UNITED STATES CURRENCY, ) ) Defendant. ) ) ) ) TOAN HOANG, QUE NGO, JULIE LUU, ) ) ) Claimants. ) ____________________________________) Nos. C-08-0826 MMC STIPULATION AND PROPOSED ORDER CONTINUING CMC CMC Date: April 2, 2010 Time: 10:30 a.m. Courtroom 7, 19 th Floor Counsel for claimants is presently in trial on felony child molest charges in People v. Mickle, Shasta County Superior Court No. 08-07303. When the CMC in the instant matter was scheduled no conflict was anticipated because normally the trial court does not have trial on Fridays. However, at the end of court yesterday, the state trial court indicated it is considering having trial this Friday, April 2, 2010. It is anticipated that the case will go to the jury the afternoon of Thursday, April 1, 2010. If it does, the court may allow the jury to deliberate on Friday. If the jury is allowed to deliberate on Friday, April 2, 1010, counsel for claimants will be unavailable for the CMC in the instant matter because he will have to be present be in Redding, California during deliberations. The trial court did not make a final ruling, however, -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and counsel will likely not know his availability on Friday until the end of court on Thursday, April 1, 2010. In order the avoid counsel's last minute unavailability, IT IS THEREFORE STIPULATED by and between the parties that the CMC in this matter may be continued to April 30, 2010 (or any Friday after that convenient to the court). SO STIPULATED. JOSEPH P. RUSSONIELLO United States Attorney Dated: March 31, 2010 ________/S/___________________ SUSAN B. GRAY Assistant United States Attorney ________/S/____________________ ERIK BABCOCK Attorney for Claimants Toan Hoang, Que Ngo and Julie Luu Dated: March 31, 2010 GOOD CAUSE APPEARING, IT IS SO ORDERED. Specifically, the Case Management Conference is CONTINUED to April 30, 2010. No further Case Management Statement is required. Dated: March 31, 2010 Hon. Maxine M. Chesney U.S. DISTRICT JUDGE J o in t Case Management Statement -2-

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