Opinion
BENJAMIN B. WAGNER, United States Attorney, SAMUEL WONG, MELANIE L. ALSWORTH, Assistant United States Attorneys, Fresno, CA, Attorneys for Plaintiff, United States of America.
ANTHONY CAPOZZI, Attorney for defendant, JOSEPH CUELLAR.
ERIC KERSTEN, Assistant Federal Defender, Attorney for defendant, RUDOLPH BUENDIA.
CADEE PETERS, Attorney for defendant, PATRICK BOWMAN.
STIPULATION AND ORDER EXTENDING BRIEFING SCHEDULE ON RESTITUTION ISSUES
LAWRENCE J. O'NEILL, District Judge.
Whereas, the Court has requested that each party file a Memorandum regarding the Restitution issues that shall not be more than five pages;
Whereas, the Court has requested that the United States provide briefing on the issue of the whether community property assets may be used to pay a Court order of restitution in this case;
Whereas, the United States previously requested, and defendant Joseph Cuellar agreed to provide, bank statements for March 2013 and the present;
Whereas, defendant Joseph Cuellar has provided the bank statements, further records are needed to support his claim that his wife, Mrs. Alicia Cuellar, owns any assets as her separate property;
Whereas, counsel for defendant Joseph Cuellar has advised the United States that Cuellar will produce the documentation in support of Cuellar's claim that his wife, Mrs. Alicia Cuellar, owns certain assets as her separate property by February 13, 2015;
Whereas, the United States' Investigative Financial Analyst Laura Leone was unavailable for one entire week during February 2-6, 2015, to work on the restitution issues in this case due to an unexpected medical issues of a family member;
Whereas, the United States desires to have Investigative Financial Analyst Leone review the financial records produced by Cuellar, including the documentation that the United States expects to receive later this week, before filing its brief on the restitution issues.
It is hereby agreed by and between the United States and defendants Cuellar, Rudolph Buendia, and Patrick Bowman, through their respective counsel that subject to the approval of the Court, that:
1. Cuellar shall produce to the United States via email to counsel for the United States copies of any documentation in support his claim that his wife owns certain assets as her separate property no later than noon on Friday, February 13, 2015;
2. The deadline for the parties' respective briefs on restitution shall be extended to February 18, 2015.
ORDER
Pursuant to stipulation of respective counsel for the parties, and good cause appearing therefrom, the Court adopts the stipulation of the parties in its entirety as its ORDER.
It is Ordered that:
1. Cuellar shall produce to the United States via email to counsel for the United States copies of any documentation in support his claim that his wife owns certain assets as her separate property no later than noon on Friday, February 13, 2015;
2. The deadline for the parties' respective briefs on restitution shall be extended to February 18, 2015.
IT IS SO ORDERED.