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)

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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: 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 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

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