Filed: Dec. 04, 2012
Latest Update: Dec. 04, 2012
Summary: STIPULATION AND REQUEST TO RESCHEDULE HEARINGS ON: (1) THE UNITED STATES' MOTION TO STAY FORFEITURE; AND (2) MECHANICS BANK'S MOTION FOR SUMMARY JUDGMENT MORRISON C. ENGLAND, Jr., District Judge. TO: THE HONORABLE MORRISON C. ENGLAND, JR., UNITED STATES JUDGE FOR THE EASTERN DISTRICT OF CALIFORNIA, AND ALL CLAIMANTS AND THEIR COUNSEL OF RECORD: In accordance with Eastern District Local Rule 230(f), the Plaintiff, United States of America (the "Government"), and Claimant, Mechanics Bank (the
Summary: STIPULATION AND REQUEST TO RESCHEDULE HEARINGS ON: (1) THE UNITED STATES' MOTION TO STAY FORFEITURE; AND (2) MECHANICS BANK'S MOTION FOR SUMMARY JUDGMENT MORRISON C. ENGLAND, Jr., District Judge. TO: THE HONORABLE MORRISON C. ENGLAND, JR., UNITED STATES JUDGE FOR THE EASTERN DISTRICT OF CALIFORNIA, AND ALL CLAIMANTS AND THEIR COUNSEL OF RECORD: In accordance with Eastern District Local Rule 230(f), the Plaintiff, United States of America (the "Government"), and Claimant, Mechanics Bank (the "..
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STIPULATION AND REQUEST TO RESCHEDULE HEARINGS ON: (1) THE UNITED STATES' MOTION TO STAY FORFEITURE; AND (2) MECHANICS BANK'S MOTION FOR SUMMARY JUDGMENT
MORRISON C. ENGLAND, Jr., District Judge.
TO: THE HONORABLE MORRISON C. ENGLAND, JR., UNITED STATES JUDGE FOR THE EASTERN DISTRICT OF CALIFORNIA, AND ALL CLAIMANTS AND THEIR COUNSEL OF RECORD:
In accordance with Eastern District Local Rule 230(f), the Plaintiff, United States of America (the "Government"), and Claimant, Mechanics Bank (the "Bank") (together, the "Parties") hereby respectfully request that the Court reschedule the hearings currently set for January 24, 2013, at 2:00 p.m., on (1) the Motion to Stay Forfeiture Proceedings Pursuant to 18 U.S.C. § 981(g)(1) filed by the Government; and (2) Mechanics Bank's Motion for Summary Judgment (together, the "Hearings"). The Parties to this stipulation request that the Hearings be set for January 31, 2013. The Parties request this continuance based on the following reason:
The Court graciously granted the Parties' previous request to continue the Hearings to January 24, 2013. At the time the Parties made that request, the Bank's attorney, John A. Graham, believed that an oral argument scheduled in another matter pending before the United States Sixth Circuit Court of Appeals in Cincinnati, Ohio, on January 24, 2013, in which he is attorney of record for Appellant, was being continued pursuant to the Appellants' request to the Sixth Circuit to continue that oral argument (where there was no opposition by the Appellee to the continuance). However, the Sixth Circuit has denied that request by its Order entered on November 27, 2012, and therefore, Mr. Graham must be in Cincinnati on January 24, 2013 to represent his client at the oral argument. A copy of the Sixth Circuit's Order denying Appellants' motion to reschedule oral argument is attached hereto as Exhibit A.
Accordingly, the Parties have mutually agreed to a date for the Hearings of January 31, 2013.
There will be no prejudice to Parties to this stipulation or any other claimant by allowing this rescheduling of the Hearings.
WHEREFORE, the Government and the Bank request that the Hearings be continued to January 31, 2013.
Because the Parties' requested date of January 31, 2013, is not available, the Court hereby continues the hearings to February 7, 2013.
IT IS SO ORDERED.
