United States of America v. Currency $83,640 et al

Filing 46

STIPULATION AND ORDER TO STAY CASE Signed by District Judge Robert H. Cleland. (LWag)

United States District Court
Eastern District of Michigan
Southern Division

United States of America,
Case No. 2:13-cv-12585
Plaintiff,
v.

Honorable Robert H. Cleland

Eighty Three Thousand Six
Hundred Forty Dollars ($83,640)
in U.S. Currency, et al.,
Defendants In Rem.
________________________________/
STIPULATION AND ORDER TO STAY
CIVIL FORFEITURE PROCEEDING
Plaintiff, the United States of America, by and through Acting United States
Attorney Daniel L. Lemisch, and Assistant United States Attorney Philip A. Ross,
and Claimants, Will Justice and Hilda Rudder-Justice, by and through their
attorney, Raymond R. Burkett, (collectively, “the Parties”), hereby acknowledge
that there is an ongoing criminal proceeding related to this civil forfeiture case,
U.S. vs. Will Justice, (Case No. 17-cr-20180), assigned to Honorable Stephen J.
Murphy, III. Plaintiff filed a Forfeiture Bill of Particulars in the criminal
proceeding which incorporates the same assets listed in this civil forfeiture
proceeding.

The Parties agree to the entry of an order for a stay of the above-captioned
civil forfeiture proceeding pursuant to 18 U.S.C. § 981(g)(1), or alternatively, 18
U.S.C. § 981(g)(2), on the grounds that continuation of the civil proceeding may
negatively impact one or more Parties in the manner described in the cited statutes;
and that the stay continue during the pendency of the related criminal proceeding,
or until further order of the Court.
The Parties further agree that after the stay is lifted, the Parties shall file
dispositive motions, if any, prior to any pretrial or trial proceedings.
The United States further agrees that it will respond to Claimants’ Discovery
Request(s) sent to the United States on or about May 10, 2017, after the stay is
lifted in this civil forfeiture proceeding.
Approved as to substance and form:
DANIEL L. LEMISCH
Acting United States Attorney
/s/Philip A. Ross
PHILIP A. ROSS
Assistant United States Attorney
211 W. Fort St., Ste. 2001
Detroit, MI 48226
[phone]
Email: [e-mail]
VA Bar No. 70269

/s/Raymond R. Burkett (with consent)
RAYMOND R. BURKETT, Esq.
Attorney for Claimants Will Justice
and Hilda-Rudder Justice
37637 Five Mile Road, #177
Livonia, MI 48154
Phone: [phone]
e-Mail: [e-mail]
[P-30155]
Dated: June 2, 2017

Dated: June 2, 2017
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United States District Court
Eastern District of Michigan
Southern Division

United States of America,
Case No. 2:13-cv-12585
Plaintiff,
v.

Honorable Robert H. Cleland

Eighty Three Thousand Six
Hundred Forty Dollars ($83,640)
in U.S. Currency, et al.,
Defendants In Rem.
__________________________________/

ORDER TO STAY
CIVIL FORFEITURE PROCEEDING

IT IS SO ORDERED.
S/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: June 9, 2017

I hereby certify that a copy of the foregoing document was mailed to counsel of record
and/or pro se parties on this date, June 9, 2017, by electronic and/or ordinary mail.

S/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

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