United States of America v. 2006 Aston Martin DC-9 Convertible, et al
Filing
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ORDER Regarding Requests for Dismissal of Certain Assets; ORDER Setting Status Conference For December 8, 2011, signed by Chief Judge Anthony W. Ishii on 11/17/11. 2006 Aston Martin DC-9 Convertible, Approximately $145,854.46 in U.S. Currency, Approximately $83,386.27 in U.S. Currency, Approximately $3,013.99 in U.S. Currency terminated. Status Conference set for 12/8/2011 at 09:00 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin. (Verduzco, M)
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IN THE UNITED STATES DISTRICT COURT
FOR THE 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.
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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-AWI-GSA
ORDER REGARDING REQUEST FOR
DISMISSAL OF CERTAIN ASSETS
ORDER SETTING STATUS
CONFERENCE FOR DECEMBER 8, 2011
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BACKGROUND
On or about May 29, 2009, the United States of America seized an Aston Martin DC-9
Convertible, VIN: SCFAD02AX6GB04658, License No. 5WWZ765( “Defendant Vehicle”). On or
about June 8, 2009, the United States seized approximately $145,854.46 in U.S. Currency,
approximately $83,386.27 in U.S. Currency, and approximately $3,013.99 in U.S. Currency
(collectively “Defendant Currency”). The Federal Bureau of Investigation has sent written notice of its
intent to forfeit as required by 21 U.S.C. § 881 to all known interested parties.
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On or about August 7,
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2009, Claimants filed claims, in the administrative forfeiture proceeding, with the Federal Bureau of
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Investigation with respect to Defendant Vehicle and Defendant Currency.
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On November 4, 2009, the United States and Claimants’ attorney filed a stipulation to continue
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the time for the United States to file a complaint for forfeiture against Defendant Vehicle and Defendant
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Currency and/or to obtain an indictment alleging Defendant Vehicle and Defendant Currency are
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subject to forfeiture. Because no complaint was filed, this action was opened as a miscellaneous case
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and assigned the United States Magistrate Judge Gary S. Austin. On December 7, 2009, a second
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stipulation was filed. The December 7, 2009 stipulation added a 1993 Cessna 550 Fixed Wing
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Multi-Engine Aircraft, Serial No. 550-0725, Tail No. N725CC (“Defendant Cessna”), to the potential
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action. The parties stipulated as follows: “[Defendant Cessna] does not fall under administrative
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forfeiture eligibility however the parties herein stipulate to include the Cessna under the governments
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requirement to file a Civil Forfeiture Complaint or Indictment alleging Forfeiture on the within
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stipulated deadline date.” Over the course of nearly two years, the parties filed seventeen stipulations
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to continue the United States’ time to file.
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On November 4, 2011 the United States moved to dismiss with prejudice
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Defendant Vehicle and Defendant Currently as Defendants in this action under Rule
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41(a)(1) of the Federal Rules of Civil Procedure Rule 41(a)(1) pursuant to an agreement
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reached by the parties’ and/or claimants attorneys.
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On November 4, 2011, the United States also asked for a further extension from
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the court to commence a forfeiture action against Defendant Cessna, from the current
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deadline of November 4, 2011, up to and including February 4, 2012. The United States
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further requests that the Status Conference currently set before Magistrate Judge Gary
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S. Austin on December 8, 2011, be continued to February 5, 2012.
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ORDER
IT IS HEREBY ORDERED that the 2006 Aston Martin DC-9 Convertible, VIN:
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SCFAD02AX6GB04658, License No. 5WWZ765, approximately $145,854.46 in U.S.
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Currency, approximately $83,386.27 in U.S. Currency, and approximately $3,013.99 in
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U.S. Currency are DISMISSED FROM THIS ACTION WITH PREJUDICE.
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IT IS FURTHER ORDERED that an Assistant United States Attorney
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SHALL personally appear at the status conference set before Magistrate Judge
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Gary S. Austin on December 8, 2011. Moreover, the United States shall serve
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claimants’ attorney Paul L. Gabbert with a copy of this order as his personal
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appearance is also required on December 8, 2011.
At the December 8, 2011 hearing the parties should be prepared to discuss
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whether the court can or should grant an extension of time for the United
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States to file a complaint for forfeiture and/or to obtain an indictment alleging
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forfeiture with respect to the remaining Defendant Cessna.1
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IT IS SO ORDERED.
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Dated:
0m8i78
November 17, 2011
CHIEF UNITED STATES DISTRICT JUDGE
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At this time, the court takes no position on the validity of the parties’ and/or claimants’
previous stipulations allowing Defendant Cessna to be included in a Civil Forfeiture Complaint or
Indictment, despite the admission that Defendant Cessna does not fall under administrative forfeiture
eligibility.
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