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

Filing 16

ORDER STAYING CASE, CASE MANAGEMENT SCHEDULING ORDER: Case Management Conference set for 4/6/2011 02:30 PM. VIA TELEPHONE. Signed by Judge ARMSTRONG on 9/27/10. (lrc, COURT STAFF) (Filed on 9/27/2010)

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

Doc. 16

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MELINDA HAAG (CSBN 132612) 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 ) ) ) Plaintiff, ) ) v. ) APPROXIMATELY $270,380 IN UNITED ) ) STATES CURRENCY, ) ) Defendant. ) UNITED STATES OF AMERICA,

No. 09 - 05355 SBA STIPULATION TO STAY PROCEEDING and [PROPOSED] 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 hearing to set a Hobbs disclosure hearing on October 22, 2010, with a preliminary hearing to be set hereafter. The allegations in the present forfeiture complaint are related to the allegations at issue in the related criminal complaint and, consequently, the parties

Dockets.Justia.com

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agree that a stay in the forfeiture proceeding for 180 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:

MELINDA HAAG United States Attorney

Dated: September 20, 2010

/S/ DAVID COUNTRYMAN Assistant United States Attorney

Dated: September 20, 2010

/S/ 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 March 21, 2011. Should the state action be resolved prior to March 21, 2011, the parties are to notify the Court in writing immediately. (2) A Case Management Conference is scheduled for April 6, 2011 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 statement as well as for arranging the conference call. All parties shall be on the

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

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line and shall call [phone] at the above indicated date and time.

IT IS SO ORDERED. 9/27/10 HONORABLE SAUNDRA BROWN ARMSTRONG United States District Judge

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