United States of America v. One (1) 2008 Toyota Tundra

Filing 30

STIPULATION AND ORDER TO VACATE TRIAL DATE AND STAY PROCEEDINGS. The trial date of February 11, 2013 is vacated. All associated deadlines are terminated. A case management conference is scheduled for February 15, 2013. Signed by Judge Maxine M. Chesney on November 9, 2012. (mmclc2, COURT STAFF) (Filed on 11/9/2012)

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MELINDA HAAG (CSBN 132612)
United States Attorney
MIRANDA KANE (CSBN 150630)
Chief, Criminal Division
ARVON J. PERTEET (CSBN 242828)
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

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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)
)
No. CV 12-01439- MMC
)
Plaintiff,
)
) STIPULATION AND [PROPOSED]
v.
) ORDER TO VACATE TRIAL DATE AND
) STAY PROCEEDINGS
ONE (1) 2008 Toyota Tundra, (VIN #
5TFDV58108X050994), Real Property and )
Improvements located at APN # 012-690- )
)
48, Leggett, CA; Real Property and
Improvements located at APN # 012-690- )
)
50, Leggett, CA; Real Property and
Improvements located at APN # 012-670- )
)
48, Leggett, CA; Real Property and
Improvements located at APN # 012-670- )
)
49, Leggett, CA,
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Defendants. )
)
MATTHEW GRAVES AND
UMPQUA BANK,
Claimants.
UNITED STATES OF AMERICA,

Plaintiff, the United States of America, by and through MELINDA HAAG, United States

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Attorney, and ARVON J. PERTEET, Assistant United States Attorney, and Claimant

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MATTHEW GRAVES by and through his attorney DAVID M. MICHAEL, ESQ., and

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CLAIMANT UMPQUA BANK bv and through their attorney, PAUL J. DUTRA,ESQ., hereby

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acknowledge an ongoing civil forfeiture matter, and stipulate to the following:

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On July 10, 2012, the Court set a trial date in this matter for February 11, 2013 (See Doc.

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# 20). Additionally, the Court referred the matter to Magistrate Beeler for settlement. The

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settlement conference is scheduled for Jan 14, 2013. This matter is related to case 3:09-cv-

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02277-MMC, which was also set for trial at the same time. The parties in the related matter have

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reached a stipulated settlement.

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Due to fact that the parties in the related matter have reached a stipulated settlement, and

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the fact that there is an ongoing federal investigation of MATTHEW GRAVES, that is directly

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related to this matter, the parties are seeking to vacate the trial date currently set for February 11,

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2013, and all deadlines associated with that trial setting, and to reset all discovery deadlines,

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dispositive motion dates, and settlement conference referral until after a case management

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conference in February 2013.

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The parties seek this stay pursuant to 18 U.S.C. §§ 981(g)(1) and (2). Both the

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Government and claimant, Matthew Graves, stipulate and agree that taking discovery at this time

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would adversely impact the Government’s criminal investigation and would burden the right of

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Matthew Graves against self-incrimination in the related federal criminal investigation.

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IT IS SO STIPULATED:
Respectfully submitted,

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MELINDA HAAG
United States Attorney

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Dated: November 8, 2012

S/ARVON J. PERTEET__
ARVON J. PERTEET
Assistant United States Attorney

Dated: November 8, 2012

S/ DAVID M. MICHAEL___
DAVID M. MICHAEL
Attorney for Claimant
MATTHEW GRAVES

Dated: November 8, 2012

S/ PAUL J. DUTRA
PAUL J. DUTRA
Attorney for Claimant
UMPQUA BANK

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STIPULATION AND {PROPOSED} ORDER VACATING TRIAL AND STAY
No. CV 12-01439 - MMC
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ORDER

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November
9th
IT IS SO ORDERED on this ____________ day of _______________, 2012, pursuant to
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the foregoing stipulation, that this civil forfeiture trial date of February 11, 2012, be vacated and

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all associated deadlines be terminated and to reset all discovery deadlines, dispositive motion

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dates, and settlement conference referral until after a case management conference in February 15,

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2013.

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IT IS FURTHER ORDERED that discovery in this matter be stayed for 90 days pursuant
to 18 U.S.C. §§ 981(g)(1) and (2).

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HONORABLE MAXINE M. CHESNEY
United States District Court Judge

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STIPULATION AND {PROPOSED} ORDER VACATING TRIAL AND STAY
No. CV 12-01439 - MMC
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