United States of America v. 2006 Aston Martin DC-9 Convertible, et al
Filing
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FIFTEENTH STIPULATION and ORDER Extending the United States' Time to File a Complaint for Forfeiture and/or to Obtain an Indictment Alleging Forfeiture signed by Magistrate Judge Gary S. Austin on 6/29/2011. (Bradley, A)
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BENJAMIN B. WAGNER
United States Attorney
STANLEY A. BOONE
Assistant United States Attorney
United States Courthouse
2500 Tulare Street, Suite 4401
Fresno, California 93721
Telephone: (559) 497-4000
Facsimile: (559) 497-4099
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Attorneys for Plaintiff
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IN THE UNITED STATES DISTRICT COURT FOR THE
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EASTERN DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA,
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Plaintiff,
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v.
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2006 ASTON MARTIN DC-9
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CONVERTIBLE,
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VIN: SCFAD02AX6GB04658,
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LICENSE NO. 5WWZ765,
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APPROXIMATELY $145,854.46 IN U.S. )
CURRENCY,
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APPROXIMATELY $83,386.27 IN U.S.
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CURRENCY,
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APPROXIMATELY $3,013.99 IN U.S.
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CURRENCY, and
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1993 CESSNA 550 FIXED WING MULTI- )
ENGINE AIRCRAFT, SERIAL NO. 550)
0725, TAIL NO. N725CC,
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Defendants.
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____________________________________ )
1:09-MC-00047-GSA
FIFTHTEENTH STIPULATION AND
ORDER EXTENDING THE UNITED
STATES’ TIME TO FILE A COMPLAINT
FOR FORFEITURE AND/OR TO OBTAIN
AN INDICTMENT ALLEGING
FORFEITURE
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It is hereby stipulated by and between the United States of America and Claimants Kathleen
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Otto and Manufacturers Acceptance Corporation (MAC) dba Heritage Pacific Leasing by Lynn
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Haynes, (hereafter “Claimants”), by and through their respective attorney, as follows:
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STIPULATION AND ORDER EXTENDING
UNITED STATES TIME TO FILE
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1.
On or about August 7, 2009, Claimants filed claims, in the administrative
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forfeiture proceeding, with the Federal Bureau of Investigation with respect to the 2006 Aston
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Martin DC-9 Convertible, VIN: SCFAD02AX6GB04658, License No. 5WWZ765( the
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“vehicle”), approximately $145,854.46 in U.S. Currency, approximately $83,386.27 in U.S.
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Currency, and approximately $3,013.99 in U.S. Currency (the “currency”). The vehicle was
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seized on or about May 29, 2009; the currency was seized on or about June 8, 2009.
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2.
The Federal Bureau of Investigation has sent the written notice of intent to forfeit
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required by 21 U.S.C. § 881 to all known interested parties. The time has expired for any person to
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file a claim to the vehicle and currency under 18 U.S.C. § 983(a)(2)(A)-(E), and no person(s) other
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than the Claimants have filed claims to the vehicle and currency as required by law in the
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administrative forfeiture proceeding.
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3.
Under 18 U.S.C. § 983(a)(3)(A), the United States is required to file a complaint for
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forfeiture against the vehicle and currency and/or to obtain an indictment alleging that the vehicle
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and currency are subject to forfeiture within 90 days after a claim has been filed in the administrative
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forfeiture proceedings, unless the court extends the deadline for good cause shown or by agreement
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of the parties.
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4.
By Stipulation and Order filed on November 4, 2009, the parties stipulated to extend
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to December 4, 2009, the time in which to file a Complaint for Forfeiture and/or obtain an
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Indictment Alleging Forfeiture.
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5.
By Stipulation and Order filed on December 4, 2009, the parties stipulated to extend
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to February 2, 2010, the time in which to file a Complaint for Forfeiture and/or to Obtain an
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Indictment Alleging Forfeiture.
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6.
By Stipulation and Order filed on February 1, 2010, the parties stipulated to further
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extend to April 5, 2010, the time in which to file a Complaint for Forfeiture and/or to Obtain an
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Indictment Alleging Forfeiture.
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7.
By Stipulation and Order filed on April 5, 2010, the parties stipulated to further
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extend to June 3, 2010, the time in which to file a Complaint for Forfeiture and/or to Obtain an
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Indictment Alleging Forfeiture.
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STIPULATION AND ORDER EXTENDING
UNITED STATES TIME TO FILE
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8.
By Stipulation and Order filed on June 3, 2010, the parties stipulated to further extend
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to July 7, 2010, the time in which to file a Complaint for Forfeiture and/or to Obtain an Indictment
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Alleging Forfeiture.
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9.
By Stipulation and Order filed on July 7, 2010, the parties stipulated to further extend
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to August 9, 2010, the time in which to file a Complaint for Forfeiture and/or to Obtain an
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Indictment Alleging Forfeiture.
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10.
By Stipulation and Order filed on August 10, 2010, the parties stipulated to further
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extend to September 10, 2010, the time in which to file a Complaint for Forfeiture and/or to Obtain
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an Indictment Alleging Forfeiture.
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11.
By Stipulation and Order filed on September 10, 2010, the parties stipulated to further
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extend to October 12, 2010, the time in which to file a Complaint for Forfeiture and/or to Obtain an
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Indictment Alleging Forfeiture.
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12.
By Stipulation and Order filed on October 8, 2010, the parties stipulated to further
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extend to November 15, 2010, the time in which to file a Complaint for Forfeiture and/or to Obtain
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an Indictment Alleging Forfeiture.
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13.
By Stipulation and Order filed on November 12, 2010, the parties stipulated to further
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extend to February 11, 2011, the time in which to file a Complaint for Forfeiture and/or to Obtain
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an Indictment Alleging Forfeiture
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14.
By Stipulation and Order filed on February 7, 2011, the parties stipulated to further
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extend to March 31, 2011, the time in which to file a Complaint for Forfeiture and/or to Obtain an
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Indictment Alleging Forfeiture.
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15.
By Stipulation and Order filed on March 28, 2011, the parties stipulated to further
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extend to April 29, 2011, the time in which to file a Complaint for Forfeiture and/or to Obtain an
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Indictment Alleging Forfeiture.
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16.
By Stipulation and Order filed on April 29, 2011, the parties stipulated to further
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extend to May 27, 2011, the time in which to file a Complaint for Forfeiture and/or to Obtain an
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Indictment Alleging Forfeiture
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17.
By Stipulation and Order filed on May 24, 2011, the parties stipulated to further
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STIPULATION AND ORDER EXTENDING
UNITED STATES TIME TO FILE
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extend to June 30, 2011, the time in which to file a Complaint for Forfeiture and/or to Obtain an
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Indictment Alleging Forfeiture
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18.
The parties have currently reached a tentative settlement on the matter and need
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additional time to effectuate its terms. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by
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agreement to further extend to August 19, 2011, the time in which the United States is required to
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file a civil complaint for forfeiture against the vehicle and currency and/or to obtain an indictment
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alleging that the vehicle and currency are subject to forfeiture.
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19.
The 1993 Cessna 550 Fixed Wing Multi-Engine Aircraft, Serial No. 550-0725, Tail
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No. N725CC (hereafter “Cessna”), does not fall under administrative forfeiture eligibility however
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the parties herein stipulate to include the Cessna under the governments requirement to file a Civil
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Forfeiture Complaint or Indictment alleging Forfeiture on the within stipulated deadline date.
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20.
Accordingly, the parties agree that the deadline by which the United States shall be
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required to file a complaint for forfeiture against the vehicle, currency, and Cessna and/or to obtain
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an indictment alleging that the vehicle, currency, and Cessna are subject to forfeiture shall be
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extended to August 19, 2011.
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Dated: June 29 , 2011
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BENJAMIN B. WAGNER
United States Attorney
/s/ Stanley A. Boone
STANLEY A. BOONE
Assistant United States Attorney
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Dated: June 28 , 2011
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/s/ Paul L. Gabbert
PAUL L. GABBERT
Attorney for Claimants
(original signature retained by attorney)
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ORDER
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IT IS SO ORDERED.
Dated:
i70h38
June 29, 2011
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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STIPULATION AND ORDER EXTENDING
UNITED STATES TIME TO FILE
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