STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE

JOHN A. MENDEZ, District Judge.

It is hereby stipulated by and between the United States of America and potential claimants Kevin Barnett, Leah Barnett, and Kevin Barnett on behalf of Timothy G. Kelly Plumbing Supplies, Inc. ("claimants"), by and through their undersigned counsel, hereby agree and STIPULATE as follows:

1. On July 21, 2010, Magistrate Judge Kendall J. Newman authorized the seizure of funds in the above-captioned bank account (hereafter "the defendant funds") based upon a finding of probable cause that the defendant funds were subject to forfeiture to the United States based upon violations of 31 U.S.C. §§ 5324(a)(1) (causing and attempting to cause a domestic financial institution to fail to file a currency transaction report (CTR)) and (a)(3) (structuring). See All funds maintained at Bank of Stockton business checking account number 2110194901, held in the name Timothy G. Kelly Plumbing Supply aka Kelly's Kitchen and Bath Showroom, 2:10-SW-00292-KJN. On or about July 21, 2010, the Internal Revenue Service, Criminal Investigation ("IRS") executed the seizure warrant against the defendant funds. IRS then commenced administrative forfeiture proceedings, sending direct written notice to all known potential claimants and publishing notice to all others. On or about September 7, 2010, the IRS received a claim from Kevin Barnett and Leah Barnett asserting an ownership interest in the defendant funds. On or about September 8, 2010, the IRS received a claim from Kevin Barnett on behalf of Timothy G. Kelly Plumbing Supplies, Inc. asserting an ownership interest in the defendant funds.

2. Under 18 U.S.C. § 983(a)(3)(A), the United States is required to file a complaint for forfeiture against the defendant funds and/or to obtain an indictment alleging that the defendant funds are 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. That deadline is currently December 6, 2010.

3. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to extend to and including December 13, 2010, the time in which the United States is required to file a civil complaint for forfeiture against the defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to forfeiture.

4. Accordingly, the parties agree that the deadline by which the United States shall be required to file a complaint for forfeiture against the defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to forfeiture shall be extended to and including December 13, 2010.

IT IS SO ORDERED.