Opinion
2:11-CV-02814-LKK-GGH
03-23-2012
BENJAMIN B. WAGNER United States Attorney KEVIN C. KHASIGIAN Assistant U.S. Attorney ROCHELLE FORBIS Attorney for Claimant Jorqe Luis Gastelum-Uriarte (Original signature retained by attorney)
BENJAMIN B. WAGNER
United States Attorney
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
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 America and claimant Jorge Luis Gastelum-Uriarte ("claimant"), by and through their respective counsel, as follows:
1. On or about July 27, 2011, claimant Jorge Luis Gastelum-Uriarte filed a claim, in the administrative forfeiture proceedings, with the Federal Bureau of Investigation with respect to the 2004 Ford F-150 Truck, VIN: 1FTPX14544KC34836 (hereafter the "defendant property"), which was seized on May 4, 2011.
2. The Federal Bureau of Investigation has sent the written notice of intent to forfeit required by 18 U.S.C. § 983(a)(1)(A) to all known interested parties. The time has expired for any person to file a claim to the defendant property under 18 U.S.C. § 983(a)(2)(A)-(E), and no person other than the claimant has filed a claim to the defendant property as required by law in the administrative forfeiture proceeding.
3. Under 18 U.S.C. § 983(a)(3)(A), the United States is required 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 within ninety days after a claim has been filed in the administrative forfeiture proceedings, unless the court extends the deadline for good cause shown or by agreement of the parties. That deadline was originally October 25, 2011.
On October 24, 2011, the parties stipulated to extend the October 25, 2011 deadline to January 23, 2012.
4. By Stipulation and Order filed January 23, 2012, the parties stipulated to extend to May 23, 2012, the time in which the United States is required to file a civil complaint for forfeiture against the defendant property and/or to obtain an indictment alleging that the defendant property is subject to forfeiture.
5. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement for a brief extension to May 23, 2012, the time in which the United States is required to file a civil complaint for forfeiture against the defendant property and/or to obtain an indictment alleging that the defendant property is subject to forfeiture.
6. Accordingly, the parties agree that the deadline by which the United States shall be required 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 shall be extended to May 23, 2012.
BENJAMIN B. WAGNER
United States Attorney
_______________
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
_______________
ROCHELLE FORBIS
Attorney for Claimant Jorqe Luis
Gastelum-Uriarte
(Original signature retained by
attorney)
IT IS SO ORDERED.
_______________
LAWRENCE K. KARLTON
SENIOR JUDGE
UNITED STATES DISTRICT COURT