IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
August 23, 2010
UNITED STATES OF AMERICA, PLAINTIFF,
APPROXIMATELY $16,367.00 IN U.S. CURRENCY, DEFENDANT.
The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge
STIPULATION TO STAY CASE AND TO VACATE SCHEDULING CONFERENCE; ORDER THEREON
IT IS HEREBY STIPULATED by and between Plaintiff, United States of America and Claimants Jose Jimenez and Matilde Guzman as follows:
1. Claimant Jose Jimenez is presently facing federal criminal charges in the Eastern District of California, United States v. Ramon Contreras, et al., 1:09-CR-00350-AWI, allegedly relating to transactions or events which form the basis for this civil forfeiture action.
2. The parties recognize that proceeding with this action has potential adverse affects on the prosecution of the related criminal case and/or upon Claimant Jose Jimenez' right against self-incrimination in the related federal criminal case.
3. Publication of the civil forfeiture action is complete and to date only Jose Jimenez and Matilde Guzman filed claims and answers in this case. No other potential claimants have filed claims, answers, or otherwise appeared in this action.
THEREFORE, the parties to this action stipulate and request as follows:
1. Pursuant to 18 U.S.C. § 981(g), this action be stayed pending the conclusion of the federal criminal action presently pending against Jose Jimenez in the Eastern District of California;
2. The Scheduling Conference in the civil case scheduled for September 13, 2010, at 9:30 a.m. in Courtroom 10 before Magistrate Judge Gary S. Austin be vacated; and,
3. The parties are to promptly notify the Court when the criminal case resolves.
Dated: August 23, 2010
BENJAMIN B. WAGNER United States Attorney
DEANNA L. MARTINEZ Assistant United States Attorney
Dated: August 19, 2010
JON K. RENGE Attorney for Claimants Jose Jimenez and Matilde Guzman (Original signature retained by attorney)
IT IS SO ORDERED.
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