IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
May 14, 2009
UNITED STATES OF AMERICA, PLAINTIFF,
APPROXIMATELY $4,950.00 IN U.S. CURRENCY, DEFENDANT.
STIPULATION TO EXTEND STAY OF FURTHER PROCEEDINGS AND ORDER THEREON DATE: May 26, 2009 TIME: 1:30 p.m. COURTROOM: 4/Chambers
Plaintiff United States of America and claimant Michael Lombardo jointly request that the stay of further proceedings entered in this case on November 4, 2008, be extended an additional six months.*fn1, *fn2 The criminal case against claimant Michael Lombardo (U.S. v. Michael Lombardo, 2:07-CR-0439 LKK) is still pending, and the next status conference is currently scheduled for June 9, 2009.
Accordingly, the parties contend that proceeding with this action at this time has potential adverse affects on the prosecution of the related-criminal case and/or upon claimant Michael Lombardo's ability to prove his claim to the property and to contest the government's allegations that the property is forfeitable. For these reasons, the parties request that this matter be stayed for an additional six months. At that time the government will advise the Court whether a further stay is necessary.
Dated: May 12, 2009
For the reasons set forth above and in the Stipulation for Stay of Further Proceedings filed herein on May 12, 2009, this matter is stayed pursuant to 18 U.S.C. §§ 981(g)(1), 981(g)(2) and 21 U.S.C. § 881(i) for an additional six months.
The scheduling conference scheduled for May 26, 2009, is continued to December 14, 2009 at 2:00 p.m. Fourteen days before the scheduling conference the parties will advise the court if a further stay is necessary. If the criminal case has been resolved, the parties will file a joint status report addressing the issues listed in the February 22, 2008, Order Setting Status (Pretrial Scheduling) Conference.
IT IS SO ORDERED.