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

Filing 41

JOINT STATUS REPORT; ORDER. The case is stayed, with the exception of the pending motion for interlocutory sale, until February 21, 2014, by which time the parties shall file a further status report. Signed by Judge Maxine M. Chesney on August 22, 2013. (mmclc2, COURT STAFF) (Filed on 8/22/2013)

MELINDA HAAG (CABN 132612)
1 United States Attorney
2 J. DOUGLAS WILSON (DCBN 412811)
Chief, Criminal Division
3
ARVON J. PERTEET (CABN 242828)
4 Assistant United States Attorney
5

450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
Telephone: [phone]
FAX: [phone]
[e-mail]

6
7

8 Attorneys for United States of America
9
UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA

11

SAN FRANCISCO DIVISION

12
13

UNITED STATES OF AMERICA,

14
15
16
17
18
19
20

Plaintiff,
v.
ONE(1) 2008 TOYOTA TUNDRA, (VIN #
5TFDV58108X050994), ET AL.,
Defendants.

) CASE NO. CV 12-1439 MMC
)
) JOINT STATUS REPORT;
)
) [Proposed] ORDER
)
)
)
)
)

Plaintiff, the United States of America, by and through MELINDA HAAG, United States
Attorney, and ARVON J. PERTEET, Assistant United States Attorney, and Claimant

21
MATTHEW GRAVES by and through his attorney DAVID M. MICHAEL, ESQ., hereby
22
23
24

submit the following Joint Status Report.
On March 12, 2012, the Government filed this civil forfeiture action against the defendant

25 properties. The basis alleged for this forfeiture action is that the defendant properties were used to
26 facilitate the manufacture, possession, cultivation, and distribution and the possession with the intent to
27

distribute marijuana. On or about December 18, 2012, the Government brought a criminal action against

28
JOINT STATUS REPORT
CV 12-1439 MMC

30

1

claimant/defendant, MATTHEW GRAVES, in the matter of United States v. Matthew David Graves,

2 CR 12-0885 WHA, alleging possession with the intent to distribute marijuana. The criminal case also
3 alleges criminal forfeiture of the same property at issue in this civil forfeiture matter. On February 8,
4 2013, the Government filed a notice of related case in both case Nos. CV 12-01439 MMC, and CR 125 0885 WHA. The matter of United States v. Matthew David Graves, CR 12-0885 WHA, is currently set
6

for trial on September 9, 2013.

7
The civil forfeiture matter before this Court is currently stayed pending the resolution of the
8
9

criminal matter. However, the Government and claimant Umpqua Bank have filed a Motion for

10 Interlocutory Sale related to one of the defendant real properties. The motion was originally set to be
11 heard on September 13, 2013, before this Court. Docket Text 8/13/2013. Due to the unavailability of
12 counsel for claimant Graves, the parties have requested that this Court continue that hearing to October
13
14

11, 2013, with a modification of the briefing schedule. Doc 38, filed 8/14/2013 (Stipulation to Continue
Hearing/[Proposed] Order). With the exception of the Motion for Interlocutory Sale, the parties request

15
16

that the case be stayed for an additional six months pursuant to 18 U.S.C. §§ 981(g)(1) and (2).

17
18

Dated: August 14, 2013

MELINDA HAAG
United States Attorney

19
20

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

21
22
23

Dated: August 14, 2013
S/DAVID M. MICHAEL___
DAVID M. MICHAEL
Attorney for Claimant
MATTHEW D. GRAVES

24
25
26
27
28
JOINT STATUS REPORT
CV 12-1439 MMC

30

[Proposed] ORDER

1
2
3

Pursuant to the Joint Status Report, and with the exception of the pending hearing on Plaintiff’s
21
Motion for Interlocutory Sale, this case is further stayed until February ______ 2014, at which time the

4
5

parties shall file with the Court a further Status Report, or until such earlier time as further ordered by

6 this Court or requested by the parties.
7
8
9

Dated: August 22, 2013

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
JOINT STATUS REPORT
CV 12-1439 MMC

30

_________________________
MAXINE M. CHESNEY
UNITED STATES DISTRICT JUDGE