United States District Court, E.D. California
January 28, 2014
UNITED STATES OF AMERICA, Plaintiff,
APPROXIMATELY $93, 500.00 IN U.S. CURRENCY, Defendant.
BENJAMIN B. WAGNER, United States Attorney, HEATHER MARDEL JONES, Assistant United States Attorney, Fresno, California, Attorneys for the United States.
MATTHEW J. LOMBARD, Attorney for Potential Claimant Edy Salazar.
STIPULATION REGARDING STAY OF CIVIL PROCEEDINGS
ANTHONY W. ISHII, District Judge.
IT IS HEREBY STIPULATED between the United States of America and Potential Claimant Edy Salazar, by and through their respective counsel, that an extension of the stay is necessary in the above-entitled action and request the Court enter an order extending the stay for thirty-days, to March 3, 2014.
1. On or about May 8, 2013, Potential Claimant filed an administrative claim, in the administrative forfeiture proceeding, with the Department of Homeland Security-Criminal Investigations with respect to the approximately $93, 500.00 in U.S. Currency (hereafter "defendant currency"), which was seized on or about March 3, 2013.
2. The Department of Homeland Security-Criminal Investigations, sent written notice of intent to forfeit, as required by 18 U.S.C. § 983(a)(1), to all known interested parties. The time has expired for any person to file an administrative claim to the currency under 18 U.S.C. § 983(a)(2), and no person other than the Potential Claimant has filed an administrative claim to the currency in the administrative forfeiture proceeding.
3. On August 6, 2013, the United States filed a civil judicial "Verified Complaint for Forfeiture In Rem, " in the Eastern District of California: United States v. Approximately $93, 500.00 in U.S. Currency, Docket No. 1:13-CV-01225-AWI-SKO, ECF No. 1.
4. As provided by 18 U.S.C. § 981(g)(2), the Potential Claimant requested a stay of the civil forfeiture proceedings, and on August 27, 2013, the Court issued an order staying the instant action and set a status conference for February 3, 2013. The parties were to file a Joint Status Report one week prior to the status conference. Doc. # 7.
5. The parties wish by agreement to extend the stay for thirty-days, as the parties are currently in settlement discussions.
6. Accordingly, the parties request that the stay be extended to March 3, 2014. The parties will file a joint status report one week prior, informing the court whether the continuation of the stay is still necessary.
IT IS SO ORDERED.