United States Of America v. Real Property and Improvements Located at 2106 Ringwood Avenue, San Jose, California

Filing 77

ORDER by Magistrate Judge Maria-Elena James granting (100) Stipulation in case 3:12-cv-03567-MEJ; granting (76) Stipulation in case 3:12-cv-03566-MEJ (rmm2S, COURT STAFF) (Filed on 4/15/2013)

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CEDRIC C. CHAO (SBN 76045)
[e-mail]
ROY K. MCDONALD (SBN 193691)
[e-mail]
KATHLEEN S. KIZER (SBN 246035)
[e-mail]
SAORI KAJI (SBN 260392)
[e-mail]
DLA PIPER LLP (US)
555 Mission Street, Suite 2400
San Francisco, CA 94105-2933
Telephone:
415.836.2500
Facsimile:
415.836.2501

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BARBARA J. PARKER, City Attorney (SBN 69722)
[e-mail]
DORYANNA MORENO, Chief Assistant City Attorney (SBN 140976)
[e-mail]
MARK MORODOMI, Supervising Deputy City Attorney (SBN 120914)
[e-mail]
AMBER MACAULAY, Deputy City Attorney (SBN 253925)
[e-mail]
OAKLAND CITY ATTORNEY
One Frank H. Ogawa Plaza, 6th Floor
Oakland, CA 94612
Telephone:
510.238.3601
Facsimile:
510.238.6500

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Attorneys for Plaintiff City of Oakland

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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CITY OF OAKLAND,

CASE NO. CV 12-5245 MEJ

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Plaintiff,
v.

Related Cases: No. CV 12-3566 MEJ
No. CV 12-3567 MEJ

ERIC HOLDER, Attorney General of the
United States; and MELINDA HAAG,
U.S. Attorney for the Northern District of
California,

JOINT STIPULATION AND [PROPOSED]
ORDER CONTINUING HEARING ON
PLAINTIFF CITY OF OAKLAND’S
MOTION TO STAY FORFEITURE
PROCEEDINGS PENDING APPEAL

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Defendants.

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Date:

June 20, 2013

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Time: 10:00 a.m.
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Court: Hon. Maria-Elena James
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STIPULATION AND [PROPOSED] ORDER RE CONTINUANCE OF HEARING
WEST\240841540.2

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Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff City of Oakland (“Oakland”) and

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Defendants US Attorney General Eric Holder and US Attorney Melinda Haag (“Defendants”)

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(collectively, “the Parties”) hereby stipulate as follows:

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WHEREAS, on February 27, 2013, Oakland filed its Motion to Stay Forfeiture

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Proceedings Pending Appeal (“Motion”) and noticed its Motion to be heard on April 4, 2013 at

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10:00 a.m.;

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WHEREAS, on March 13, 2013, Defendants filed their Opposition to Oakland’s Motion;

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WHEREAS, on March 20, 2013, Oakland filed its Reply to Defendants’ Opposition to

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Oakland’s Motion;

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WHEREAS, on March 28, 2013, the Court sua sponte continued the hearing to April 18,

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2013, at 10:00 a.m. and vacated the Case Management Conferences in the forfeiture proceedings

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(Case Nos. 12-3566 and 12-3567);

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WHEREAS, Cedric Chao, lead counsel for Oakland, will be out of the country on April
18, 2013, on a pre-planned business trip;
WHEREAS, Kathryn Wyer, counsel for Defendants, is available on April 18, 2013, but

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will be unavailable during May and the first half of June 2013 due to a two-week trial in another

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matter currently scheduled for June 3, 2013, and related pretrial briefing and trial preparation;

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WHEREAS, the Parties have met and conferred and have agreed to reschedule the hearing
date on Oakland’s Motion for June 20, 2013; and
WHEREAS, the requested time modification will have no effect on any other date in the
schedule for the above-captioned case.
IT IS HEREBY AGREED AND STIPULATED by and between the Parties that the
hearing on Oakland’s Motion shall be rescheduled to June 20, 2013, at 10:00 a.m.

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I, Cedric C. Chao, hereby attest under penalty of perjury that I have received concurrence
in the filing of this document from the other signatory listed below.

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-1STIPULATION AND [PROPOSED] ORDER RE CONTINUANCE OF HEARING
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Dated: April 12, 2013

Respectfully submitted,

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DLA PIPER LLP (US)

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OAKLAND CITY ATTORNEY

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By: /s/ Cedric C. Chao
Cedric C. Chao

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Attorneys for Plaintiff
CITY OF OAKLAND

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Dated: April 12, 2013

Respectfully submitted,

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STUART F. DELERY
Acting Assistant Attorney General
ARTHUR R. GOLDBERG
Assistant Director, Federal Programs Branch

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/s/ Kathryn L. Wyer
KATHRYN L. WYER (Utah #9846)
U.S. Department of Justice, Civil Division
20 Massachusetts Avenue, N.W.
Washington, DC 20530
Tel. [phone]/Fax [phone]
[e-mail]
Attorneys for the Defendants

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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April 15, 2013
__________________________________
Date

_____________________________________
HONORABLE MARIA-ELENA JAMES

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-2STIPULATION AND [PROPOSED] ORDER RE CONTINUANCE OF HEARING
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