United States of America v. One Dell Inspiron Computer

Filing 50

ORDER CONTINUING STAY; DIRECTIONS TO PARTIES. The stay is continued, and the parties shall report back to the Court on any continued need for the stay and the status of the criminal case on or before February 7, 2014. Signed by Judge Maxine M. Chesney on December 12, 2013. (mmclc1, COURT STAFF) (Filed on 12/12/2013)

ORIGINAL
1
2
3

ORIGINAL

ROBERT J. BELES (Cal. Bar No. 41993)
One Kaiser Plaza, Suite 2300
Oakland, California 94612-3642
Telephone: [phone]
Facsimile: [phone]
E-mail:
[e-mail]

4
5

Attorney for Claimant
TODD WILLIAM GROWNEY

6
7

United States District Court

8

Northern District of California

9
10
11

UNITED STATES OF AMERICA,
Plaintiff,

12

v.

13

ONE DELL INSPIRON COMPUTER
(SERIAL NO. 6VHBGD1) AND
VISUAL DEPICTIONS ON THE
HARD DRIVE,

14
15

Defendant.
16
17
18

TODD WILLIAM GROWNEY,
Claimant.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

CV No. 3:09-cv-03174-MMC
STATUS REPORT AND [PROPOSED]
ORDER TO CONTINUE THE STAY;
ORDER CONTINUING STAY; DIRECTIONS
TO PARTIES

19
Claimant TODD WILLIAM GROWNEY, by and through his counsel
20
undersigned, respectfully requests that the Court continue the stay
21
of this civil forfeiture action – as initially ordered by the Court
22
on July 8, 2011 – to and including Wednesday, January 29, 2014, when
23
the related criminal action, United States v. Todd William Growney,
24
No. 3:11-CR-00195-CRB (CAND), is set for Sentencing before the
25
Honorable Charles R. Breyer.
26
On Thursday, August 8, 2013, Defendant Growney entered into a
27
plea agreement with the government.

In this agreement, Defendant

28
Growney agreed to withdraw his verified claim and answer in this
1
STATUS REPORT AND ORDER TO CONTINUE THE STAY

ORIGINAL

ORIGINAL

1

civil

forfeiture

matter.

However,

this

plea

falls

under

Rule

2

11(c)(1)(C), and was therefore only conditionally accepted by Judge

3

Breyer at the time the plea was entered.

4

Although neither defense counsel nor AUSA LAURA VARTAIN HORN

5

anticipate the plea to be rejected, Claimant Growney respectfully

6

requests that the stay of this civil forfeiture action be continued

7

until his plea entered on Thursday, August 8, 2013 is finalized at

8

the Sentencing Hearing currently set for Wednesday, January 29, 2014.

9

IT IS SO STIPULATED.

10
11

Respectfully submitted,

12
13

DATED: December 10, 2013

14

/s/ RJB _____________________
ROBERT J. BELES,
Attorney for Claimant GROWNEY

15
16
17

IT IS SO ORDERED PURSUANT TO THE FOREGOING REQUEST ON

18

THIS DAY OF _______________, 2013, THAT THE STAY OF THIS CIVIL
December 12

19

CASE BE, AND HEREBY IS, CONTINUED AND IT IS FURTHER ORDERED THAT

20

THE PARTIES SHALL REPORT BACK TO THE COURT ON ANY CONTINUED NEED

21

FOR THE STAY AND THE STATUS OF THE CRIMINAL CASE ON OR BEFORE

22

JANUARY 29, 2014.

23

February 7, 2014.

IT IS SO ORDERED.

24
25

DATED:_______________________
December 12, 2013

26
27

______________________________
HON. MAXINE M. CHESNEY
UNITED STATES DISTRICT JUDGE

28
2
STATUS REPORT AND ORDER TO CONTINUE THE STAY