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

Filing 55

JOINT STATUS REPORT; ORDER. The case is stayed for an additional six months or such time as the parties may request that the stay be lifted. The parties are directed to file with the Court, at the expiration of the stay or such earlier time as ordered by the Court or requested by the parties, a further Status Report. Signed by Judge Maxine M. Chesney on August 12, 2014. (mmclc2, COURT STAFF) (Filed on 8/12/2014)

1 MELINDA HAAG (CABN 132612)
United States Attorney
2
J. DOUGLAS WILSON (DCBN 412811)
3 Chief, Criminal Division
4 ARVON J. PERTEET (CABN 242828)
Assistant United States Attorney
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450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
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Telephone: [phone]
FAX: [phone]
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[e-mail]
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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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SAN FRANCISCO DIVISION

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

) CASE NO. CV 12-1439 MMC
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) JOINT STATUS REPORT;
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) [PROPOSED] ORDER
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Plaintiff, the United States of America, by and through MELINDA HAAG, United States

21 Attorney, and ARVON J. PERTEET, Assistant United States Attorney, and Claimant MATTHEW
22 GRAVES by and through his attorney DAVID M. MICHAEL, ESQ., hereby acknowledge an ongoing
23 civil forfeiture matter, and submit the following Joint Status Report.
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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
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JOINT STATUS REPORT
CV 12-1439 MMC

1 claimant/defendant, MATTHEW GRAVES, in the matter of United States v. Matthew David Graves,
2 CR 12-0885 CRB, a criminal case alleging possession with the intent to distribute marijuana. The
3 criminal case also alleges criminal forfeiture of the same property at issue in this civil forfeiture matter.
4 On February 8, 2013, the Government filed a notice of related case in both case Nos. CV 12-01439
5 MMC, and CR 12-0885 CRB. The matter of United States v. Matthew David Graves, CR 12-0885
6 CRB, is currently set for jury trial on for December 1, 2014.
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The matter before this court is currently stayed pending the resolution of the criminal matter.

8 The parties request that the case be stayed for an additional six months pursuant to 18 U.S.C. §§
9 981(g)(1) and (2) or such time as the parties may request that the stay be lifted.
10 Dated: August 11, 2014
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MELINDA HAAG
United States Attorney

/S/ Arvon J. Perteet
ARVON J. PERTEET
Assistant United States Attorney

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15 Dated: August 11, 2014
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/S/ David M. Michael
DAVID M. MICHAEL
Attorney for Claimant
MATTHEW D. GRAVES

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ORDER

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SO ORDERED this ________ day of ___________________, 2014. The parties are further
12th
August

22 DIRECTED to file with the Court, at the expiration of the stay or such earlier time as ordered by the
23 Court or requested by the parties, a further Status Report.
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_________________________
MAXINE M. CHESNEY
UNITED STATES DISTRICT JUDGE

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JOINT STATUS REPORT
CV 12-1439 MMC