United States of America v. Approximately $4,950.00 in U.S. Currency

Filing 29

STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 5/28/2010 ORDERING that this matter is STAYED for an additional six months. The scheduling conference set for 6/14/2010 is CONTINUED to 12/13/2010 at 02:00 PM in Courtroom 4 (LKK) be fore Senior Judge Lawrence K. Karlton. Fourteen days before the scheduling conference the parties will advise the court if a further stay is necessary. If the criminal case has been resolved, the parties will file a joint status report addressing the issues listed in the 2/22/2008, Order Setting Status (Pretrial Scheduling) Conference. (Engbretson, K.)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BENJAMIN B. WAGNER United States Attorney KRISTIN S. DOOR, SBN 84307 Assistant United States Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916)554-2723 Attorneys for Plaintiff United States of America IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) APPROXIMATELY $4,950.00 IN ) U.S. CURRENCY, ) ) Defendant. ) ______________________________) 2:08-cv-00395 LKK/GGH STIPULATION TO EXTEND STAY OF FURTHER PROCEEDINGS AND ORDER THEREON DATE: June 14, 2010 TIME: 2:00 p.m. COURTROOM: 4/Chambers Plaintiff United States of America and claimants Michael Lombardo and J'lanna Morgan (formerly known as Jill Ann Lombardo) jointly request that the stay of further proceedings originally entered in this case on May 1, 2008, and extended thereafter on November 6, 2008, May 14, 2009, and December 14, 2009, be extended an additional six months to November 15, 2010. The criminal case against claimant Michael Lombardo (U.S. v. Michael Lombardo, 2:07-CR-0439 LKK) is still pending, and the next status conference is scheduled for June 22, 2010. Accordingly, the parties contend that proceeding with this action at this time has potential adverse affects on the STIPULATION TO EXTEND STAY OF FURTHER PROCEEDINGS AND ORDER THEREON [PROPOSED] 1 1 2 3 4 5 6 7 8 9 10 prosecution of the related-criminal case and/or upon claimants' ability to prove their claims to the property and to contest the government's allegations that the property is forfeitable. For these reasons, the parties request that this matter be stayed for an additional six months. At that time the parties will advise the Court whether a further stay is necessary. Dated: May 27, 2010 BENJAMIN B. WAGNER United States Attorney By 11 12 13 14 15 16 17 By 18 19 20 21 22 23 24 25 26 27 28 // // STIPULATION TO EXTEND STAY OF FURTHER PROCEEDINGS AND ORDER THEREON [PROPOSED] Dated: May 27, 2010 Dated: May 27, 2010 /s/ Kristin S. Door KRISTIN S. DOOR Assistant U.S. Attorney Attorneys for claimant United States of America DANIEL J. BRODERICK Federal Defender /s/ Timothy Zindel TIMOTHY ZINDEL (As authorized on 5/26/10) Assistant Federal Defender Attorney for claimant Michael Lombardo /s/ J'lanna Morgan J'LANNA MORGAN (As authorized on 5/27/10) (Formerly known as JILL ANN LOMBARDO) Claimant, appearing in propria persona 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER For the reasons set forth above this matter is stayed pursuant to 18 U.S.C. §§ 981(g)(1), 981(g)(2) and 21 U.S.C. § 881(i) for an additional six months. The scheduling conference scheduled for June 14, 2010, is continued to December 13, 2010 at 2:00 p.m. Fourteen days before the scheduling conference the parties will advise the court if a further stay is necessary. If the criminal case has been resolved, the parties will file a joint status report addressing the issues listed in the February 22, 2008, Order Setting Status (Pretrial Scheduling) Conference. IT IS SO ORDERED. Dated: May 28, 2010. STIPULATION TO EXTEND STAY OF FURTHER PROCEEDINGS AND ORDER THEREON [PROPOSED] 3

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