United States of America v. Approximately $139,740 In United States Currency

Filing 11

STIPULATION AND ORDER to stay and continuing the Initial Case Management Conference to 10/25/2010 at 01:30 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 04/26/10. (rbe, COURT STAFF) (Filed on 4/26/2010)

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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, 11th Floor 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 UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) APPROXIMATELY $139,740 IN UNITED ) STATES CURRENCY, ) ) Defendant. ) )

No. 10- 0186 TEH STIPULATION TO STAY AND [PROPOSED] ORDER

Claimant Noni Alexander, by and through her counsel of record Randy Sue Pollock, and Claimant Brandon Johnson, by and through his counsel of record Jai Gohel, and Assistant United States Attorney David Countryman, hereby jointly agree to stay the instant case. Claimants Johnson has a related criminal charges pending in Federal District Court for the Eastern District of Pennsylvania [Case No. 09-cr-00535] and both Johnson and Alexander have a pending prosecution in Alameda County Superior Court [Case No. 553400A]. Trial in the Pennsylvania case is currently set for June 28, 2010. Docket No. 10. The currency at issue in this forfeiture was seized during the arrest in the Alameda County case, which is trailing the federal criminal case in Pennsylvania.

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The allegations in the present forfeiture complaint are related to the allegations at issue in the related criminal indictments 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 related criminal cases and will adversely affect the prosecution of the related criminal case.

IT IS SO STIPULATED:

JOSEPH P. RUSSONIELLO United States Attorney

Dated: April 23, 2010

/S/ DAVID COUNTRYMAN Assistant United States Attorney

Dated: April 23, 2010

/S/ RANDY SUE POLLOCK, ESQ. Attorney for Potential Claimant Noni Alexander

Dated: April 23, 2010

/S/ JAI MANHAR GOHEL, ESQ. Attorney for Potential Claimant Brandon Johnson

ORDER GRANTING STAY UPON CONSIDERATION of the Stipulation to Stay, the entire record, and for good April cause shown, it is by the Court on this 26th day of ______________, 2010 October 25 ORDERED that the instant case be, and hereby is, STAYED, until _________________, 1:30 PM 2010, at ______________________ pursuant to 18 U.S.C. § 981(g).

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HONORABLE THELTON E. HENDERSON United States District Judge

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