United States of America v. Approximately $4,138.00 in United States Currency et al

Filing 10

ORDER FOR STAY OF PROCEEDINGS PURSUANT TO 18 U.S.C. § 981(G); DIRECTING PARTIES TO FILE JOINT STATUS REPORT. The parties shall file, no later than November 2, 2009, a joint status report advising the Court of the status of the related criminal proceedings. Signed by Judge Maxine M. Chesney on August 3, 2009. (mmclc2, COURT STAFF) (Filed on 8/3/2009)

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DAVID M. MICHAEL, SBN 74031 LAW OFFICES OF DAVID M. MICHAEL 101 California Street, Suite 2450 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Attorney for Claimant MATTHEW D. GRAVES UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA No. CV 09 2277 MMC Plaintiff, v. APPROXIMATELY $4,138.00 IN UNITED STATES CURRENCY, et.al., Defendant. / MATTHEW D. GRAVES, Claimant. __________________________________________/. IT IS HEREBY STIPULATED by and between Plaintiff UNITED STATES OF AMERICA and Claimant MATTHEW D. GRAVES, through their respective counsel, that this matter be stayed pursuant to 18 U.S.C. § 981(g). 2. There exists a related state felony criminal prosecution of Claimant in People v. Graves, Mendocino County Superior Court Case No. MCUK-CRCR-08-87560-02. Some of the issues in that case are related to this forfeiture proceeding. In that case, it is anticipated that the STIPULATION AND [PROPOSED] ORDER FOR STAY OF PROCEEDINGS PURSUANT TO 18 U.S.C. § 981(g) ; DIRECTING PARTIES TO FILE JOINT STATUS REPORT

S T I P U L A T I O N AN D [PRO P O S E D ] O R D E R FO R ST A Y O F PR O C E E D I N G S PURSUAN T T O 18 U.S.C. § 981(g) C A S E NO . CV 09 2277 M M C

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parties will litigate a motion to suppress which will be heard by the state trial court. The issues to be decided in that hearing may be relevant to the proceedings in this case. 3. If this case were to proceed, claimant's Fifth Amendment rights against self-

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S T I P U L A T I O N AN D [PRO P O S E D ] O R D E R FO R ST A Y O F PR O C E E D I N G S PURSUAN T T O 18 U.S.C. § 981(g) C A S E NO . CV 09 2277 M M C

incrimination will be burdened in the related criminal case. 3. The provisions of 18 U.S.C. § 981(g)(2), related to stays of civil forfeiture proceedings, provide that "[u]pon the motion of a claimant, the court shall stay the civil forfeiture proceeding with respect to that claimant if the court determines that (A) the claimant is the subject of a related criminal investigation or case; (B) the claimant has standing to assert a claim in the civil forfeiture proceeding; and (C) continuation of the forfeiture proceeding will burden the right of the claimant against self-incrimination in the related investigation or case. 4. Pursuant to the above representations, and the provisions of 18 U.S.C. § 981(g)(2), the parties hereby stipulate and agree to stay this civil forfeiture proceeding until the completion of the criminal proceedings in Mendocino County state court or until such earlier time as either party, or this Court, may request that the matter be heard. 5. The parties further stipulate and agree that they request this Court also take off calendar the presently scheduled Case Management Conference of 28 August 2009, at 10:30 a.m.. IT IS SO STIPULATED: Dated: 31 July 2009 JOSEPH P. RUSSONIELLO United States Attorney S/ARVON J. PERTEET__ ARVON J. PERTEET Assistant United States Attorney Attorney for the United States of America

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Dated: 31 July 2009 S/DAVID M. MICHAEL___ DAVID M. MICHAEL Attorney for Claimant MATTHEW D. GRAVES

ORDER

3rd August IT IS SO ORDERED on this ____________ day of _______________, 2009, pursuant to the foregoing stipulation, that the this civil forfeiture proceeding be stayed until the completion of the criminal proceedings in Mendocino County state court or until such earlier time as either party, or this Court, may request that the matter be heard. IT IS FURTHER ORDERED that the presently scheduled Case Management Conference of 28 August 2009, at 10:30 a.m. is hereby taken off calendar. The parties shall file, no later than November 2, 2009, a joint status report advising the Court of the status of the related criminal proceedings.

Dated: August 3, 2009

____________________________________ HONORABLE MAXINE M. CHESNEY United States District Court Judge

S T I P U L A T I O N AN D [PRO P O S E D ] O R D E R FO R ST A Y O F PR O C E E D I N G S PURSUAN T T O 18 U.S.C. § 981(g) C A S E NO . CV 09 2277 M M C

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