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McGREGOR W. SCOTT

United States Attorney

MARY L. GRAD

Assistant U.S. Attorney

501 I Street, Suite 10-100

Sacramento, CA 95814

Telephone: (916) 554-2700

IN THE UNITED STATES DISTRICT COURT FOR THE 

EASTERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

Plaintiff,

v.

2002 CHEVROLET SILVERADO PICK-UP

TRUCK, CALIFORNIA LICENSE NUMBER

6X91914, VIN:2GCEC19T621327302,

Defendant.

2:04-MC-00273-DFL-KJM

STIPULATION AND ORDER

EXTENDING THE UNITED STATES'

TIME TO FILE 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 Rodney Butler ("Claimant"), by and through his

respective attorney, as follows:

1. On June 1, 2004, Claimant filed a claim, in the

administrative forfeiture proceedings, with the Federal Bureau of

Investigation with respect to the 2002 Chevrolet Silverado Pick-up

Truck, VIN:2GCEC19T621327302 (the "vehicle"), which was seized on

or about January 8, 2004.

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 vehicle under 18 U.S.C. § 983(a)(2)(A)-(E),

and no person other than the Claimant has filed a claim to the

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vehicle 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 vehicle

and/or to obtain an indictment alleging that the vehicle is subject

to forfeiture within 90 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.

4. By Stipulation and Order filed August 31, 2004, the

parties stipulated to extend to October 29, 2004, the time in which

the United States is required to file a civil complaint for

forfeiture against the property and/or to obtain an indictment

alleging that the property is subject to forfeiture.

5. By Stipulation and Order filed November 2, 2004, the

parties stipulated to extend to December 28, 2004, the time in

which the United States is required to file a civil complaint for

forfeiture against the property and/or to obtain an indictment

alleging that the property is subject to forfeiture. 

6. By Stipulation and Order filed December 22, 2004, the

parties stipulated to extend to February 11, 2005, the time in

which the United States is required to file a civil complaint for

forfeiture against the property and/or to obtain an indictment

alleging that the property is subject to forfeiture. 

7. By Stipulation and Order filed February 10, 2005, the

parties stipulated to extend to April 11, 2005, the time in which

the United States is required to file a civil complaint for

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forfeiture against the property and/or to obtain an indictment

alleging that the property is subject to forfeiture. 

8. By Stipulation and Order filed April 13, 2005, the parties

stipulated to extend to July 1, 2005, the time in which the United

States is required to file a civil complaint for forfeiture against

the property and/or to obtain an indictment alleging that the

property is subject to forfeiture.

9. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish

by agreement to further extend to September 1, 2005, the time in

which the United States is required to file a civil complaint for

forfeiture against the vehicle and/or to obtain an indictment

alleging that the vehicle is subject to forfeiture. 

10. Accordingly, the parties agree that the deadline by which

the United States shall be required to file a complaint for

forfeiture against the vehicle and/or to obtain an indictment

alleging that the vehicle is subject to forfeiture shall be

extended to September 1, 2005. 

DATED: 7/01/05 McGREGOR W. SCOTT

United States Attorney

/s/ Mary L. Grad

MARY L. GRAD

Assistant U.S. Attorney

DATE: 7/1/05 /s/ David M. Dudley by John Chang 

DAVID M. DUDLEY

Attorney for Claimant

(Original signature retained by attorney)

IT IS SO ORDERED.

DATED: 7/7/2005 /s/ David F. Levi 

DAVID F. LEVI

United States District Judge 

 

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