United States of America v. Approximately $270,380 in United States Currency

Filing 13

STIPULATION AND CASE MANAGEMENT SCHEDULING ORDER:, ORDER STAYING CASE Case Management Conference set for 10/6/2010 02:30 PM.. Signed by Judge ARMSTRONG on 3/29/10. (lrc, COURT STAFF) (Filed on 3/31/2010)

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JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney BRIAN J. STRETCH (CSBN 163973) Chief, Criminal Division DAVID B. COUNTRYMAN (CSBN 226995) Assistant United States Attorney 450 Golden Gate Avenue, 11th Floor San Francisco, CA 94102 Telephone: [phone] Facsimile: 415.436.7234 Email: [e-mail] Attorneys for United States of America UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ) ) ) Plaintiff, ) ) v. ) APPROXIMATELY $270,380 IN UNITED ) ) STATES CURRENCY, ) ) Defendant. ) UNITED STATES OF AMERICA, No. CV 09-05355 SBA STIPULATION TO STAY PROCEEDING and ORDER

IT IS HEREBY STIPULATED by and between plaintiff United States of America and potential claimants Billy and Connie Rainer, through undersigned counsel, that this action be stayed pursuant to 18 U.S.C. § 981(g) and 21 U.S.C. § 881(I). On July 1, 2009, potential claimants were arrested for allegedly growing marijuana on the property where the defendant currency was seized, and the criminal case is currently being prosecuted in the Superior Court for the State of California in Lake County. The related criminal case is set for a preliminary hearing-setting conference on April 2, 2010. The allegations in the present forfeiture complaint are related to the allegations at issue in the related criminal indictment and, consequently, the parties agree that a stay in the forfeiture proceeding for 180

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days is necessary, because continuation of the forfeiture proceeding will burden the right of the claimant against self-incrimination in the related criminal case and will adversely affect the prosecution of the related criminal case.

IT IS SO STIPULATED:

JOSEPH P. RUSSONIELLO United States Attorney

Dated: March 19, 2010

/S/ David Countryman DAVID COUNTRYMAN Assistant United States Attorney

Dated: March 19, 2010

/S/ Brian J. Petersen BRIAN J. PETERSEN Attorney for Potential Claimants Billy and Connie Rainer

ORDER GRANTING STAY Pursuant to the parties' stipulation, and 18 U.S.C. § 981(g) and 21 U.S.C. § 881(i), IT IS HEREBY ORDERED THAT: (1) The instant action is STAYED until October 6, 2010. Should the state action be resolved prior to October 1, 2010, the parties are to notify the Court in writing immediately. (2) A Case Management Conference is scheduled for October 6, 2010, at 2:30 p.m. The parties shall meet and confer prior to the conference and shall prepare a joint Case Management Conference Statement which shall be filed no later than ten (10) days prior to the Case Management Conference that complies with the Standing Order For All Judges Of The Northern District Of California and the Standing Order of this Court. Plaintiff shall be responsible for filing the

STIPULATION TO STAY PROCEEDING and [PROPOSED] ORDER No. 09-05355 SBA 2

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statement as well as for arranging the conference call. All parties shall be on the line and shall call [phone] at the above indicated date and time.

IT IS SO ORDERED. 3/29/10 HONORABLE SAUNDRA BROWN ARMSTRONG United States District Judge

STIPULATION TO STAY PROCEEDING and [PROPOSED] ORDER No. 09-05355 SBA 3