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United States v. Approximately $46

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


April 15, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
APPROXIMATELY $46,500.00 IN U.S. CURRENCY DEFENDANT.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

STIPULATION TO EXTEND STAY OF FURTHER PROCEEDINGS AND ORDER THEREON [PROPOSED]

DATE: April 27, 2009 TIME: 9:00 a.m. COURT: 10

Plaintiff United States of America and claimant John Steve Lindsey, by and through their respective counsel, hereby stipulate that an extension of the stay previously entered in this case on January 7, 2009, is necessary in the above-entitled action, and request that the Court enter an order staying all further proceedings until June 15, 2009.

This request is based on the following:

1. On April 7, 2009, counsel for the government spoke with Butte County Deputy District Attorney Stacey Edwards. Ms. Edwards advised counsel that the following dates have been set in the prosecution of claimant herein, John Lindsey:

a. April 16, 2009: settlement conference.

b. May 20, 2009: readiness conference.

c. June 1, 2009: jury trial.

2. Ms. Edwards expects that this case will go to trial as scheduled, and that the trial will take approximately five court days. Assuming claimant Lindsey is convicted, he would be sentenced within 20 days unless he waives time.

3. Accordingly, the parties request that the status conference now scheduled for April 27, 2009, be continued to June 15, 2009. If the state prosecution has not concluded by that time, the parties will so advise the Court 14 days prior to the status conference and will request a further stay, if the parties deem such a further stay appropriate. If the case has concluded, the parties will submit a joint status (pretrial scheduling) report.

DATED: April 9, 2009

LAWRENCE G. BROWN Acting United States Attorney

KRISTIN S. DOOR Assistant U.S. Attorney Attorneys for plaintiff United States of America

DATED: April 9, 2009

LAW OFFICES OF DAVID M. MICHAEL

David M. Michael Attorneys for claimant John Steven Lindsey (Original signature retained by AUSA Door)

ORDER

For the reasons set forth above, this matter is stayed pursuant to 18 U.S.C. §§ 981(g)(1), 981(g)(2) and 21 U.S.C. § 881(i) until June 15, 2009, at 9:00 a.m. for a further status conference. The parties will advise the court at least fourteen (14) days prior to June 15, 2009, whether a further stay is necessary or, alternatively, will file a Joint Status Report no later than fourteen (14) days prior to the status conference date.

The scheduling conference scheduled for April 27, 2009, is hereby vacated.

IT IS SO ORDERED.

20090415

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