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

Filing 14

ORDER granting 13 STIPULATION WITH PROPOSED ORDER Continuing Case Management Conference filed by United States of America. Status Report due by 11/15/2013. Status Conference reset for 11/22/2013 08:30 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer. Signed by Judge Charles R. Breyer on 8/26/2013. (beS, COURT STAFF) (Filed on 8/27/2013)

1

MELINDA HAAG (CABN 132612)
United States Attorney

2
3

J. DOUGLAS WILSON (DCBN 412811)
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: [phone]
Facsimile: 415.436.7234
Email: [e-mail]

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

v.

16

$24,500 IN UNITED STATES
CURRENCY,

17
Defendant.
18

) No. CV 12-1724 CRB
)
) STIPULATION AND ORDER CONTINUING
) CASE MANAGEMENT CONFERENCE
)
)
)
)
)
)
)

19
20

IT IS HEREBY STIPULATED by and between plaintiff United States of America and

21

prospective claimants, Travis Ferry and Rachel Fowler, through undersigned counsel, that this action be

22

stayed pursuant to Title 21, United States Code, Section 881(i) (incorporating the provisions of Title 18,

23

United States Code, Section 981(g)). The parties contend that Travis Fowler is the subject of a related

24

criminal investigation being conducted by the Drug Enforcement Administration. As a result of the case

25

related to that investigation, Travis Ferry has pled guilty and is currently awaiting sentencing on drug

26

charges in the Central District of Illinois. The parties contend that the conduct underlying the pending

27

criminal charges in Illinois support, in part, the allegations set forth in the forfeiture complaint in this

28

district. Consequently, the parties agree that a further stay in the forfeiture proceeding is appropriate in

1

order to preserve the prospective claimants’ rights against self-incrimination in the related criminal

2

matter. The parties thus request that matter be stayed pending resolution of the related criminal

3

investigation and prosecution. Accordingly, the parties request that the case management conference

4

currently scheduled for August 23, 2013, be vacated and that the matter be set for further status in

5

approximately 90 days.

6
7

DATED: August 23, 2013

8
_____________/s/__________________________
STEPHANIE M. HINDS

9
10

Assistant United States Attorney

11
12
DATED: August 23, 2013

13
14

______________/s/___________________________
JEFFREY SCHWARTZ
Attorney for Prospective Claimant Travis Ferry

15
16
17

DATED: August 23, 2013

18
19

_________________/s/_______________________
BRIAN J. PETERSON
Attorney for Prospective Claimant Rachel Fowler

20
21
22

IT IS HEREBY ORDERED:

23

Upon the stipulation of counsel, and good cause appearing, the above-entitled civil forfeiture

24

action is stayed in light of the pending related criminal investigation. The matter is continued until

25

November 22, 2013 at 8:30 a.m. for status.

26
27
28

DATED: August 26, 2013

_______________________________
CHARLES R. BREYER
United States District Judge

STIPULATION AND [PROPOSED] ORDER CONTINUING
CASE MANAGEMENT CONFERENCE
CV 12-1724 CRB

2