USA v. 2004 Ford F-150 Truck, VIN: 1FTPX14544KC34836, License: 7K66493

Filing 2

STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 11/22/11 ORDERING that time is EXTENDED to 1/23/2012 to file a complaint for forfeiture against the defendant property and/or to obtain an indictment alleging that the defendant property is subject to forfeiture. (Donati, J)

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1 BENJAMIN B. WAGNER United States Attorney 2 KEVIN C. KHASIGIAN Assistant U.S. Attorney 3 501 I Street, Suite 10-100 Sacramento, CA 95814 (916) 554-2700 4 Telephone: 5 6 7 8 IN THE UNITED STATES DISTRICT COURT FOR THE 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, Plaintiff, 12 13 ) ) ) ) ) ) ) ) ) ) ) v. 14 2004 FORD F-150 TRUCK, 15 VIN: 1FTPX14544KC34836, LICENSE: 7K66493, Defendant. 16 17 2:11-CV-02814-LKK-GGH STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE It is hereby stipulated by and between the United States of 18 America and claimant Jorge Luis Gastelum-Uriarte ("claimant"), by 19 and through their respective counsel, as follows: 20 1. On or about July 27, 2011, claimant Jorge Luis Gastelum- 21 Uriarte filed a claim, in the administrative forfeiture 22 proceedings, with the Federal Bureau of Investigation with respect 23 to the 2004 Ford F-150 Truck, VIN: 1FTPX14544KC34836 (hereafter the 24 "defendant property"), which was seized on May 4, 2011. 25 2. The Federal Bureau of Investigation has sent the written 26 notice of intent to forfeit required by 18 U.S.C. § 983(a)(1)(A) to 27 all known interested parties. The time has expired for any person 28 to file a claim to the defendant property under 18 U.S.C. § 1 Stipulation and Order to Extend Time 1 983(a)(2)(A)-(E), and no person other than the claimant has filed a 2 claim to the defendant property as required by law in the 3 administrative forfeiture proceeding. 4 3. Under 18 U.S.C. § 983(a)(3)(A), the United States is 5 required to file a complaint for forfeiture against the defendant 6 property and/or to obtain an indictment alleging that the defendant 7 property is subject to forfeiture within ninety days after a claim 8 has been filed in the administrative forfeiture proceedings, unless 9 the court extends the deadline for good cause shown or by agreement 10 of the parties. 11 4. That deadline is currently October 25, 2011. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish 12 by agreement to extend to January 23, 2012, the time in which the 13 United States is required to file a civil complaint for forfeiture 14 against the defendant property and/or to obtain an indictment 15 alleging that the defendant property is subject to forfeiture. 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 2 Stipulation and Order to Extend Time 1 5. Accordingly, the parties agree that the deadline by which 2 the United States shall be required to file a complaint for 3 forfeiture against the defendant property and/or to obtain an 4 indictment alleging that the defendant property is subject to 5 forfeiture shall be extended to January 23, 2012. 6 7 BENJAMIN B. WAGNER United States Attorney 8 9 DATE: 10/24/11 /s/ Kevin C. Khasigian KEVIN C. KHASIGIAN Assistant U.S. Attorney 10 11 12 DATE: 10/24/11 /s/ Donald Masuda DONALD MASUDA Attorney for Claimant Jorge Luis Gastelum-Uriarte (Authorized by phone) 13 14 15 16 IT IS SO ORDERED. 17 18 DATED: November 22, 2011. 19 20 21 22 23 24 25 26 27 28 3 Stipulation and Order to Extend Time

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