United States of America v. $24,500 in United States Currency

Filing 12

ORDER granting 11 STIPULATION WITH PROPOSED ORDER (Stipulation and [Proposed] Order Seeking Further Stay of Action) filed by United States of America. Status Conference reset for 8/23/2013 08:30 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer.. Signed by Judge Charles R. Breyer on 4/17/2013. (beS, COURT STAFF) (Filed on 4/18/2013)

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1 MELINDA HAAG (CABN 132612) United States Attorney 2 3 MIRANDA KANE (CABN 150630) Chief, Criminal Division 4 STEPHANIE M. HINDS (CABN 154284) Assistant United States Attorney 5 6 7 450 Golden Gate Avenue, 11th Floor San Francisco, CA 94102 Telephone: 415.436.7200 Facsimile: 415.436.7234 Email: stephanie.hinds@usdoj.gov 8 Attorneys for United States of America 9 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 SAN FRANCISCO DIVISION 13 UNITED STATES OF AMERICA, Plaintiff, 14 15 16 v. $24,500 IN UNITED STATES CURRENCY, 17 Defendant. 18 ) No. CV 12-1724 CRB ) ) STIPULATION AND ORDER SEEKING ) FURTHER STAY OF ACTION ) ) ) ) ) ) ) 19 IT IS HEREBY STIPULATED by and between plaintiff United States of America and 20 prospective claimants, Travis Ferry and Rachel Fowler, through undersigned counsel, that this action be 21 stayed pursuant to Title 21, United States Code, Section 881(i) (incorporating the provisions of Title 18, 22 United States Code, Section 981(g)). The parties contend that Travis Ferry is the subject of a related 23 criminal investigation being conducted by the Drug Enforcement Administration. As a result of that 24 investigation, Travis Ferry is still awaiting trial on drug charges in the Central District of Illinois. The 25 parties contend that the conduct underlying the pending criminal charges in Illinois support, in part, the 26 allegations set forth in the forfeiture complaint in this district. Consequently, the parties agree that a 27 further stay in the forfeiture proceeding is appropriate in order to preserve the prospective 28 1 claimants’ right against self-incrimination in the related criminal matter. The parties thus request 2 that matter be stayed pending resolution of the related criminal investigation and prosecution. 3 Accordingly, the parties request that the case management conference currently scheduled for 4 April 19, 2013, be vacated and that the matter be set for further status on August 23, 2013. 5 6 DATED: 04/17/13 7 _________/S/__________________________ STEPHANIE M. HINDS Assistant United States Attorney 8 9 10 DATED: 04/17/13 11 12 ___________/S/_________________________ JEFFREY SCHWARTZ Attorney for Prospective Claimant Travis Ferry 13 14 15 DATED: 04/15/13 16 __________/S/__________________________ BRIAN J. PETERSON Attorney for Prospective Claimant Rachel Fowler 17 18 19 20 21 22 23 24 25 26 IT IS HEREBY ORDERED: Upon the stipulation of counsel, and good cause appearing, the above-entitled civil forfeiture action is stayed in light of the pending related criminal investigation. The matter is continued until August 23, 2013 at 8:30 a.m. DATED: April 17, 2013 for status. _______________________________ CHARLES R. BREYER United States District Judge 27 28 STIPULATION AND [PROPOSED] ORDER SEEKING STAY OF ACTION CV 12-1724 CRB 2

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