United States of America v. One (1) Weatherby Mark V .300 Magnum with Leopold Scope (Serial No. H119520) et al

Filing 23

STIPULATION AND ORDER VACATING current pretrial and trial dates, and REFERRING CASE to Magistrate Judge for Settlement; Further Case Management Conference set for 5/23/2011 03:00 PM in Courtroom 15, 18th Floor, San Francisco; Signed by Judge Marilyn Hall Patel on 3/17/2011. (awb, COURT STAFF) (Filed on 3/21/2011)

United States of America v. One (1) Weatherby Mark V .300 Magnum with Le...Serial No. H119520) et al

Doc. 23

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MELINDA HAAG (CABN 132612) United States Attorney MIRANDA KANE (CSBN 150630) Chief, Criminal Division ARVON J. PERTEET (CSBN 242828) Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102-3495 Telephone: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for United States of America UNITED STATES DISTRICT COURT

11 NORTHERN DISTRICT OF CALIFORNIA 12 SAN FRANCISCO DIVISION 13 14 UNITED STATES OF AMERICA, 15 Plaintiff, 16 v. 17 18 19 20 Jon Green, 21 Claimant. 22 23 24 25 26 27 28 ONE WEATHERBY MARK V. 300 MAGNUM et al, Defendants. ) ) No. CV 10-0206 MHP ) ) ) ) STIPULATION AND [PROPOSED] ) ORDER VACATING TRIAL DATE ) ) ) ) ) ) ) ) ) )

Plaintiff, the United States of America, by and through MELINDA HAAG, United States Attorney, and ARVON J. PERTEET, Assistant United States Attorney, and Claimant JON GREEN by and through his attorney CHRIS ANDRIAN, ESQ., hereby acknowledge an ongoing civil forfeiture matter, and stipulate to the following: On November 22, 2010, the Court set a trial date in this matter for April 19, 2011. (See Doc. # 21). Additionally, the Court referred the matter to a Magistrate Judge for settlement to be

Dockets.Justia.com

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completed within 90 days. Id. However, the parties were never contacted by a Magistrate Judge to participate in the requested settlement conference. On February 11, 2011, the Government took the depositions of two individuals in connection with case. Based on the information gained from the depositions, the counsel for the Government and the Claimant believe that a settlement conference will move this case towards resolution without the need to expend judicial and financial resources associated with a trial. With that being said, the parties respectfully request the Court to vacate the trial date currently set for April 19, 2011, and all deadlines associated with that trial setting. Additionally, the parties request that the Court again refer this matter to a Magistrate Judge for settlement within the next 60-90 days. Finally, the parties request that the Court set another Pre-Trial conference in 90 days. IT IS SO STIPULATED:

MELINDA HAAG United States Attorney Dated: March 16, 2011 /S/ Arvon J. Perteet ARVON J. PERTEET Assistant United States Attorney

Dated: March 16, 2011

/S/ Chris Andrian CHRIS ANDRIAN Attorney for Claimant, Jon Green

// // // // // // // STIPULATION AND [PROPOSED] ORDER VACATING TRIAL No. CV 10-0206 MHP 2

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[PROPOSED] ORDER March 17th IT IS SO ORDERED on this ____________ day of _______________, 2011, pursuant to the foregoing stipulation, that this civil forfeiture trial date of April 19, 2011, be vacated and all associated deadlines be terminated. IT IS FURTHER ORDERED that this civil forfeiture matter be referred to a Magistrate Judge for settlement, to be completed within the next 60-90 days and the parties return to this Court in 90 days for a Pre-Trial conference. *
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* A further Case Management Conference shall be heard at 3:00 p.m. on May 23, 2011, before the Honorable Marilyn Hall Patel. A joint supplemental CMC statement shall be filed one week prior to the conference.

STIPULATION AND [PROPOSED] ORDER VACATING TRIAL No. CV 10-0206 MHP 3

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IT IS S ____________________________________ HONORABLE MARILYN H. PATELl ate arilyn United States District Court gJudge H. P Jud e M
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