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United States v. Approximately $4

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


May 28, 2010

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: June 14, 2010 TIME: 2:00 p.m.

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, May 14, 2009, and December 14, 2009, be extended an additional six months to November 15, 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 June 22, 2010.

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: May 27, 2010

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 June 14, 2010, is continued to December 13, 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.

20100528

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