United States of America v. Approximately $104,994 in United States Currency

Filing 23

ORDER FOR ADDITIONAL STAY OF PROCEEDINGS. Signed by Judge James Larson on 10/14/09. (jlsec, COURT STAFF) (Filed on 10/14/2009)

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JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney BRIAN J. STRETCH (CSBN 163973) Chief, Criminal Division DAVID B. COUNTRYMAN (CSBN 226995) Assistant United States Attorney 450 Golden Gate Avenue San Francisco, CA 94102 Telephone: [phone] Facsimile: 415.436.7234 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. ) ) APPROXIMATELY $104,994 IN UNITED ) STATES CURRENCY, ) ) Defendant. ) ) No. 08-02331 JL STIPULATION FOR AN ADDITIONAL STAY PROCEEDING PURSUANT TO 18 U.S.C. § 981(g) and [PROPOSED] ORDER

IT IS HEREBY STIPULATED by and between plaintiff United States of America and claimant

Todd Dunphy, through undersigned counsel, that this action be stayed pursuant to 18 U.S.C. § 981(g)
and 21 U.S.C. § 881(I). On September 9, 2009, Claimant Todd Dunphy was indicted on three related criminal counts in the District of Hawaii, including a forfeiture allegation for the defendant $104,994 in this case. United States v. Dunphy, CR 09-00370 SOM, Docket No. 1. The allegations in the present forfeiture complaint are related to the allegations at issue in the related criminal indictment and, consequently, the parties agree that a stay in the forfeiture proceeding for 180 days is necessary, because continuation of the

forfeiture proceeding will burden the right of the claimant against self-incrimination in the

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related criminal case and will adversely affect the prosecution of the related criminal case.

IT IS SO STIPULATED:

JOSEPH P. RUSSONIELLO United States Attorney

Dated: October 13, 2009

/S/ DAVID COUNTRYMAN Assistant United States Attorney

Dated: October 13, 2009

/S/ DAVID M. MICHAEL Attorney for Claimant Todd Dunphy.

ORDER GRANTING STAY UPON CONSIDERATION of the Stipulation to Stay, the entire record, and for good October cause shown, it is by the Court on this 14th day of ______________, 2009 April 28 ORDERED that the instant case be, and hereby is, STAYED, until _________________, 10:30 a.m. 2010, at ______________________ pursuant to 18 U.S.C. § 981(g).

HONORABLE JAMES LARSON United States Magistrate Judge

STIPULATION TO STAY PROCEEDING PURSUANT TO 18 U.S.C. § 981(g) No. 08-02331 JL 2