Opinion
BENJAMIN B. WAGNER, United States Attorney, KEVIN C. KHASIGIAN, Assistant U.S. Attorney, Sacramento, CA, Attorneys for the United States.
CAROLYN M. HAGIN, Attorney for Claimant Anthony Winters, (Authorized via email).
BENJAMIN D. GALLOWAY, Attorney for Claimant Steven Ortega, Sr., (Authorized via email).
DARRYL STALLWORTH, Attorney for Claimant Richard Serrell, (Authorized via email).
WILLIAM J. PORTANOVA, Attorney for Claimant Steven Adgate, (Authorized via email),
RANDY SUE POLLOCK, Attorney for Claimant Steven Ortega, Jr., (Authorized via email),
RANDY SUE POLLOCK, Attorney for Claimant Andrea Vickery, (Authorized via email).
RUSSELL S. HUMPHREY, Attorney for Claimant Derek Winters, (Authorized via email).
JAMES R. GREINER, Attorney for Claimants, Jason Siegfried and Ashley Owles, (Authorized via email).
SCOTT N. CAMERON, Attorney for Claimant Justin McMillian, (Authorized via email).
HAYES H. GABLE III, Attorney for Claimant Anthony Giarrusso, (Authorized via email).
SHARI RUSK, Attorney for Claimant Marla Ortega, (Authorized via email).
THOMAS HOHN, Claimant, Appearing in propria persona, (Authorized via email).
DENISE HOHN, Claimant, Appearing in propria persona, (Authorized via email).
STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE
MORRISON C. ENGLAND, Jr., Chief District Judge.
It is hereby stipulated by and between the United States of America and Claimants Steven Ortega, Sr., Steven Ortega, Jr., Anthony Winters, Richard Serrell, Steven M. Adgate, Andrea Vickery, Justin McMillan, Jason Siegfried, Ashley Owles, Derek Winters, Anthony Giarrusso and Marla Ortega, by and through their respective attorneys, and Thomas and Denise Hohn, in propria persona ("Claimants"), as follows:
1. The following table details the claimant, assets, dates in which claims were filed in the administrative forfeiture proceedings with either the Internal Revenue Service - Criminal Investigation ("IRS-CI") or the U.S. Drug Enforcement Administration ("DEA") and the dates the defendant assets were seized:
Claimant Asset Claim Complaint Agency Date Seized Rec'd Due Anthony Winters Approximately 7/30/2012 10/28/2012 IRS-CI 5/16/2012 $86,386.34 in USC seized from Wells Fargo Bank Steven and Marla Ortega Approximately 8/06/2012 11/04/2012 IRS-CI 5/16/2012 $86,386.34 in USC seized from Wells Fargo Bank Anthony Winters Approximately 7/30/2012 10/28/2012 IRS-CI 5/16/2012 $75,799.17 in USC seized from Wells Fargo Bank Steven and Marla Ortega Approximately 8/06/2012 11/04/2012 IRS-CI 5/16/2012 $75,799.17 in USC seized from Wells Fargo Bank Anthony Winters Approximately 7/30/2012 10/28/2012 IRS-CI 5/16/2012 $12,487.89 in USC seized from Wells Fargo Bank Steven and Marla Ortega Approximately 8/06/2012 11/04/2012 IRS-CI 5/16/2012 $12,487.89 in USC seized from Wells Fargo Bank Steven and Marla Ortega Approximately 8/06/2012 11/04/2012 IRS-CI 5/16/2012 $22.560.00 in USC seized from Wells Fargo Bank Steven and Marla Ortega Approximately 8/06/2012 11/04/2012 IRS-CI 5/16/2012 $16,300.00 in USC seized from Wells Fargo Bank Steven and Marla Ortega Approximately $2,315.48 8/06/2012 11/04/2012 IRS-CI 5/16/2012 in USC seized from Wells Fargo Bank Steven and Marla Ortega Approximately $6,705.79 8/06/2012 11/04/2012 IRS-CI 5/16/2012 in USC seized from U.S. Bank
Claimant Asset Claim Complaint Agency Date Seized Filed Due Steven and Marla Ortega Approximately 8/06/2012 11/04/2012 IRS-CI 5/16/2012 $23,437.76 in USC seized from U.S. Bank Steven Ortega, Jr. Approximately 8/07/2012 11/05/2012 IRS-CI 5/16/2012 $23,437.76 in USC seized from U.S. Bank Anthony Winters Approximately $8,270.00 7/30/2012 10/28/2012 DEA 5/16/2012 in USC Anthony Winters Approximately 7/30/2012 10/28/2012 DEA 5/16/2012 $12,290.00 in USC Steven and Marla Ortega Approximately 8/06/2012 11/04/2012 DEA 5/16/2012 $12,290.00 in USC Steven and Marla Ortega Approximately $7,874.00 8/06/2012 11/04/2012 DEA 5/16/2012 in USC Richard Serrell Approximately $9,600.00 8/02/2012 10/31/2012 DEA 5/16/2012 in USC Steven Ortega, Jr. Approximately 8/03/2012 11/01/2012 DEA 5/16/2012 $41,820.00 in USC Steven and Marla Ortega Approximately $4,980.00 8/06/2012 11/04/2012 DEA 5/16/2012 in USC Steven and Marla Ortega Approximately 8/06/2012 11/04/2012 DEA 5/16/2012 $22,057.00 in USC Steven and Marla Ortega Approximately 8/06/2012 11/04/2012 DEA 5/16/2012 $57,642.00 in USC Richard Serrell Assorted Jewelry Valued 8/02/2012 10/31/2012 DEA 5/16/2012 at $178,675.00 Andrea Vickery Assorted Jewelry Valued 8/17/2012 11/15/2012 DEA 5/16/2012 at $32,000.00 Steven Ortega, Jr. Assorted Jewelry Valued 8/03/2012 11/01/2012 DEA 5/16/2012 at $32,000.00 Steven and Marla Ortega 2010 Harley Davidson 8/06/2012 11/04/2012 DEA 5/16/2012 Road Glide Touring Motorcycle, 6597 Thomas and Denise 2010 Harley Davidson 8/16/2012 11/14/2012 DEA 5/16/2012 Hohn Road Glide Touring Motorcycle, 6597 Steven Ortega, Jr. 2011 Harley Davidson 8/03/2012 11/01/2012 DEA 5/16/2012 Road Glide Touring Motorcycle, 5168 Steven Ortega, Jr. 2011 Harley Davidson 8/03/2012 11/01/2012 DEA 5/16/2012 Road Glide Touring Motorcycle, 7068 Derek Winters 2009 Land Rover Range 8/02/2012 1031/2012 DEA 5/16/2012 Rover Richard Serrell 2010 GMC Savana 8/02/2012 10/31/2012 DEA 5/16/2012 Conversion Van Explorer Steven Ortega, Jr. 2012 Eliminator 8/03/2012 11/01/2012 DEA 5/16/2012 Speedster Boat Steven Adgate 2012 Eliminator 8/15/2012 11/13/2012 DEA 5/16/2012 Speedster Boat Steven Ortega, Jr. 2012 Extreme Carrier 8/03/2012 11/01/2012 DEA 5/16/2012 Trailer Richard Serrell 2008 Nordic 28-Foot 8/02/2012 10/31/2012 DEA 5/16/2012 Power Boat with 2004 Trailer Steven and Marla Ortega Sig Sauer Mosquito 22 8/06/2012 11/04/2012 DEA 5/16/2012 Caliber Semi-Automatic handgun
Jason Siegfried Glock 40 Caliber, Model 8/15/2012 11/13/2012 DEA 5/16/2012 23 Semi-Automatic Handgun Ashley Owles Glock 40 Caliber, Model 8/15/2012 11/13/2012 DEA 5/16/2012 23 Semi-Automatic Handgun Justin McMillian Smith & Wesson, Model 8/13/2012 11/11/2012 DEA 5/16/2012 AR-15 Rifle Anthony Giarrusso 2008 Ford F-350 Crew 10/15/2012 1/13/2013 DEA 5/16/2012 Cab Truck
2. The Internal Revenue Service - Criminal Investigation and the U.S. Drug Enforcement Administration have sent written notice of the 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 assets under 18 U.S.C. § 983(a)(2)(A) (E), and no person other than Claimants have filed a claim to the defendant assets 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 assets and/or to obtain an indictment alleging that the defendant assets are 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. The deadlines for each of the defendant assets are listed above, with the earliest date of October 28, 2012.
4. By Stipulation and Order filed October 18, 2012, the parties stipulated to extend to January 25, 2013, the time in which the United States is required to file a civil complaint for forfeiture against the defendant assets and/or to obtain an indictment alleging that the defendant assets are subject to forfeiture.
5. By Stipulation and Order filed January 15, 2013, the parties stipulated to extend to April 12, 2013, the time in which the United States is required to file a civil complaint for forfeiture against the defendant assets and/or to obtain an indictment alleging that the defendant assets are subject to forfeiture.
6. By Stipulation and Order filed April 15, 2013, the parties stipulated to extend to July 12, 2013, the time in which the United States is required to file a civil complaint for forfeiture against the defendant assets and/or to obtain an indictment alleging that the defendant assets are subject to forfeiture.
7. By Stipulation and Order filed July 12, 2013, the parties stipulated to extend to October 11, 2013, the time in which the United States is required to file a civil complaint for forfeiture against the defendant assets and/or to obtain an indictment alleging that the defendant assets are subject to forfeiture.
8. By Stipulation and Order filed October 11, 2013, the parties stipulated to extend to January 9, 2014, the time in which the United States is required to file a civil complaint for forfeiture against the defendant assets and/or to obtain an indictment alleging that the defendant assets are subject to forfeiture.
9. By Stipulation and Order filed January 7, 2014, the parties stipulated to extend to April 9, 2014, the time in which the United States is required to file a civil complaint for forfeiture against the defendant assets and/or to obtain an indictment alleging that the defendant assets are subject to forfeiture.
10. By Stipulation and Order filed April 11, 2014, the parties stipulated to extend to July 8, 2014, the time in which the United States is required to file a civil complaint for forfeiture against the defendant assets and/or to obtain an indictment alleging that the defendant assets are subject to forfeiture.
11. By Stipulation and Order filed July 22, 2014, the parties stipulated to extend to October 6, 2014, the time in which the United States is required to file a civil complaint for forfeiture against the defendant assets and/or to obtain an indictment alleging that the defendant assets are subject to forfeiture.
12. By Stipulation and Order filed October 7, 2014, the parties stipulated to extend to January 5, 2015, the time in which the United States is required to file a civil complaint for forfeiture against the defendant assets and/or to obtain an indictment alleging that the defendant assets are subject to forfeiture.
13. By Stipulation and Order filed January 7, 2015, the parties stipulated to extend to April 6, 2015, the time in which the United States is required to file a civil complaint for forfeiture against the defendant assets and/or to obtain an indictment alleging that the defendant assets are subject to forfeiture.
14. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to extend to July 6, 2015, the time in which the United States is required to file a civil complaint for forfeiture against the defendant assets and/or to obtain an indictment alleging that the defendant assets are subject to forfeiture.
15. Accordingly, the parties agree that the deadline by which the United States shall be required to file a complaint for forfeiture against the defendant assets and/or to obtain an indictment alleging that the defendant assets are subject to forfeiture shall be extended to July 6, 2015.
Pursuant to the signed agreement above, the deadline by which the United States shall be required to file a complaint for forfeiture against the defendant assets and/or to obtain an indictment alleging that the defendant assets are subject to forfeiture shall be extended to July 6, 2015.
IT IS SO ORDERED.