Opinion
No. 09-CV-4182 JSW
10-18-2011
UNITED STATES OF AMERICA, Plaintiff, v. APPROXIMATELY $144,001 IN UNITED STATES CURRENCY, Defendant. JAMES ANTHONY POMPEY, Claimant.
MELINDA HAAG (CSBN 132612) United States Attorney MIRANDA KANE (CSBN 150630) Chief, Criminal Division PATRICIA J. KENNEY (CSBN 130238) Assistant United States Attorney Attorneys for United States of America
MELINDA HAAG (CSBN 132612)
United States Attorney
MIRANDA KANE (CSBN 150630)
Chief, Criminal Division
PATRICIA J. KENNEY (CSBN 130238)
Assistant United States Attorney
Attorneys for United States of America
STIPULATION AND ORDER
RE: SCHEDULING
The United States and claimant agree, subject to the Court's approval, that the United Stales can have lo and including October 28, 2011 to file its opposition to claimant's "Motion to Release Funds for Legal Fees." Unless time is extended, the opposition of the United States is currently due on or before October 21, 2011. Counsel for claimant has requested that he be given to and including November 2, 2011 to reply. The United States has no objection. Because the scheduled a hearing on claimant's motion is December 2, 2011, the extensions requested will not affect the hearing date or shorten the Court's time for consideration of the motion and opposition,
The reason for the extensions are that, although the United States has two weeks from the filing of a motion to file an opposition, claimant's motion was filed late on Friday, October 7, and, as a result, the undersigned Assistant United States Attorney did not receive it until after the federal holiday on Tuesday, October 11. Due to the press of other- court business, the undersigned needs additional time to respond.
IT IS SO STIPULATED:
MELINDA HAAG
United States Attorney
PATRICIA J. KENNEY
Assistant United States Attorney
Attorney for the United States
BAY AREA CRIMINAL LAWYERS, PC
DAVID J. COHEN
Attorney for James Anthony Pompey
IT IS SO ORDERED ON THIS 19th DAT OF OCTOBER, 2011, PURSUANT TO THE FOREGOING STIPULATION, THAT THE OPPOSITION OF THE UNITED STATES TO CLAIMANT'S MOTION IS DUE TO BE FILED ON OR BEFORE OCTOBER 28, 2011, AND THAT CLAIMANT'S REPLY IS DUE TO BE FILED ON OR BEFORE NOVEMBER 2, 2011.
If the Court finds the matter suitable
for disposition without oral argument, it
shall notify the parties in advance of the
hearing date.
HONORABLE JEFFREY S. WHITE
United States District Judge