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United States v. Approximately $4

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


December 14, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
APPROXIMATELY $4,950.00 IN U.S. CURRENCY, DEFENDANT.

STIPULATION TO EXTEND STAY OF FURTHER PROCEEDINGS AND ORDER THEREON

DATE: December 14, 2009

Plaintiff United States of America and claimants Michael Lombardo and J'lanna Morgan (formerly known as Jill Ann Lombardo jointly request that the stay of further proceedings originally entered in this case on May 1, 2008, and extended thereafter on November 6, 2008, and May 14, 2009, be extended an additional six months to June 14, 2010. 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 scheduled for December 22, 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 claimants' ability to prove their claims 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 parties will advise the Court whether a further stay is necessary.

Dated: November 24, 2009

Dated: November 29, 2009

Claimant, appearing in propria persona (Original signatures 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) for an additional six months.

The scheduling conference scheduled for December 14, 2009, is continued to June 14, 2010 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.

20091214

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