United States of America v. Approximately $118,820 and $34,000 in United States Currency

Filing 27

STIPULATION AND ORDER RESETTING CMC re 26 Status Report filed by United States of America. Signed by Judge Edward M. Chen on 5/27/11. (bpf, COURT STAFF) (Filed on 5/27/2011)

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1 2 3 4 5 6 7 MELINDA HAAG (CSBN 132612) United States Attorney MIRANDA KANE (CSBN 150630) Chief, Criminal Division NATALIE WIGHT (ORBN 35576) Assistant United States Attorney 450 Golden Gate Avenue, 11th Floor San Francisco, CA 94102 Telephone: 415.436.6937 Facsimile: 415.436.7234 Email: natalie.wight@usdoj.gov 8 Attorneys for United States of America 9 JOSEPH D. ELFORD (CSBN 189934) 10 11 12 13 1322 Webster Street, Suite 402 Oakland, CA 94612 Telephone: 415.573.7842 Facsimile: 510.251.2036 Email: joeelford@yahoo.com Attorney for Claimant, Ciciriello 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 SAN FRANCISCO DIVISION 17 18 19 20 21 22 23 24 25 UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) APPROXIMATELY $118,820 IN UNITED ) STATES CURRENCY AND $34,000 IN ) UNITED STATES CURRENCY, ) ) Defendants, ) ) ) Gary Ciciriello ) ) Claimant, ) ) 09-CV-03963-EMC JOINT STATUS REPORT AND [PROPOSED] ORDER TO CONTINUE STAY AND RESCHEDULE CMC 26 The plaintiff United States of America and claimant Gary Ciciriello, through undersigned 27 counsel, hereby request to continue the Stay of the civil forfeiture proceedings, as ordered by the 28 Court on April 20, 2010. The related criminal action, California v. Gary Ciciriello, Docket 1 Number 10007444 (Superior Court of San Francisco County), is now pending a sentencing 2 hearing set for late November 2011. Additionally, the claimant was indicted in LaSalle County, 3 Illinois, on August 3, 2010, on one count of unlawful possession of cannabis with intent to 4 deliver, and has upcoming criminal proceedings scheduled for early August 2011. Accordingly, 5 the parties request that the Court vacate the Case Management Conference currently scheduled 6 for June 1, 2011, at 1:30 p.m., and reschedule the Case Management Conference for 7 September 7, 2011, at 1:30 p.m. or as soon thereafter as the matter may be heard by the Court. 8 In the interim, the parties will discuss the possibility of a settlement to resolve this case. 9 10 IT IS SO STIPULATED. MELINDA HAAG United States Attorney Dated: May 25, 2011 /S/ NATALIE K. WIGHT Assistant United States Attorney Dated: May 25, 2011 /S/ JOSEPH D. ELFORD Attorney for Claimant, Gary Ciciriello 11 12 13 14 15 16 17 18 19 [PROPOSED] ORDER Pursuant to the Stipulation between the parties and for good cause shown, the Case Management Conference scheduled for Wednesday June 1, 2011, is hereby vacated. The Case 20 September 9, 2011 at 9:00 a.m. in Management Conference is rescheduled for_________________________________;Courtroom 5, 17th Fl. 21 September 2, 2011 with a Joint Status Report due to the Court by _____________________________________. 22 IT IS SO ORDERED. dwa Judge E RT H Joint Status Report and [Proposed] Order to Continue Stay ER No. CV 09-CV-03963-EMC 2 R NIA hen rd M. C FO 28 AS MO __________________________________ D THE HONORABLE EDWARD M. CHEN RDERE IS SO O Judge United States Magistrate IFIED IT D LI 27 May 27, 2011 ________________ DATED UNIT ED 26 NO 25 RT U O S 24 S DISTRICT TE C TA A 23 N F D IS T IC T O R C

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