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

Filing 33

ORDER CONTINUING STAY AND RESETTING CMC TO 3/2/12 re 32 Status Report filed by United States of America. Signed by Judge Edward M. Chen on 12/9/11. (bpf, COURT STAFF) (Filed on 12/9/2011)

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: [phone]
Facsimile: 415.436.7234
Email: [e-mail]

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: [phone]
Facsimile: 510.251.2036
Email: [e-mail]
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 that has been continued to late February 2012. Additionally, the claimant was indicted in

3

LaSalle County, Illinois, on August 3, 2010, on one count of unlawful possession of cannabis

4

with intent to deliver, and has upcoming criminal proceedings scheduled for December 2011.

5

Accordingly, the parties request that the Court vacate the Case Management Conference

6

scheduled for December 16, 2011, at 9:00 a.m., and reschedule the Case Management

7

Conference for March 2, 2012, at 9:00 a.m. or as soon thereafter as the matter may be heard by

8

the Court. In the interim, the parties will discuss the possibility of a settlement to resolve this

9

case.

10

IT IS SO STIPULATED.

MELINDA HAAG
United States Attorney

Dated: December 2, 2011

/S/
NATALIE K. WIGHT
Assistant United States Attorney

Dated: December 2, 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 Friday December 16, 2011, is hereby vacated. The Case

20

March 2, 2012 at 9:00 a.m.
Management Conference is rescheduled for _________________________________________;

21

February 24, 2012
with a Joint Status Report due to the Court by _____________________________________.

22

S

R NIA

FO

RT

28

NO

27

DERED

O OR
__________________________________
IT IS S
THE HONORABLE EDWARD M. CHEN
United States District Judge
hen
rd M. C
ge Edwa
Jud
H

E
Joint Status Report and [Proposed] Order to Continue StayR
N
No. CV 09-CV-03963-EMC
2

LI

26

12/9/11
________________
DATED

A

25

RT
U
O

IT IS SO ORDERED.

24

S DISTRICT
TE
C
TA

UNIT
ED

23

F
D IS T IC T O
R

C