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United States v. Approximately $10

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


July 11, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
APPROXIMATELY $10,005.00 IN U.S. CURRENCY, DEFENDANT.
FRANCISCO AVILA, CLAIMANT.

STIPULATION TO CONTINUE SCHEDULING DATES AND ORDER THEREON

Claimant Francisco Avila and plaintiff United States of America, by and through their undersigned attorneys, hereby stipulate as follows:

1. This stipulation is executed by all parties who have appeared in and are affected by this action.

2. The parties are requesting an extension of the dates set out in the Scheduling Order issued by the Court on December 17, 2009, due to the press of business and the parties' recent attempts to settle this case. Since the time of the initial scheduling conference, counsel has engaged in written discovery and settlement negotiations. The parties have not yet resolved this matter however, settlement appears hopeful.

In the event that settlement is not reached, and the parties are required to move forward with discovery, the parties are requesting additional time to take depositions, in addition to pressing business on other cases.

3. The following dates are agreed to by the parties:

Event Existing Date Proposed Date

Discovery Deadlines

Non-Expert July 9, 2010 October 8, 2010

Expert Disclosure October 8, 2010 January 7, 2011

Supplemental Expert Disclosure October 15, 2010 January 14, 2011

Expert Discovery October 29, 2010 January 31, 2011

Motion Deadlines

Dispositive Motion Filing November 12, 2010 February 11, 2011

Settlement Conference October 13, 2010 January 5, 2011

Pre-Trial Conference February 16, 2011 May 11, 2011

Trial May 17, 2011 August 9, 2011

Respectfully submitted,

Date: July 8, 2010

DEANNA L. MARTINEZ Assistant United States Attorney

Date: July 7, 2010

VICTOR M. PEREZ Attorney for Claimant Francisco Avila (Original signature retained by attorney)

ORDER

Good cause having been shown and based on this stipulation, IT IS HEREBY ORDERED that the current Scheduling Order dates are vacated in favor of the new dates listed above.

IT IS SO ORDERED.

20100711

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