Filed: Sep. 17, 2015
Latest Update: Sep. 17, 2015
Summary: STIPULATION TO CONTINUE DEADLINE TO RESPOND TO ANCILLARY PETITION; ORDER Fed.R.Crim.P. 32.2(c); 21 U.S.C. 853(n) BARBARA A. McAULIFFE , Magistrate Judge . IT IS HEREBY STIPULATED by and between the United States of America and petitioners George Dellis and Fern Dellis, Co-Trustees of the George Dellis and Fern Dellis Trust Dated August 15, 2002; and Luwayne Stout and Esther Stout (hereafter jointly referenced as "Petitioners") as follows: 1. On July 7, 2014, the Court entered an Amended
Summary: STIPULATION TO CONTINUE DEADLINE TO RESPOND TO ANCILLARY PETITION; ORDER Fed.R.Crim.P. 32.2(c); 21 U.S.C. 853(n) BARBARA A. McAULIFFE , Magistrate Judge . IT IS HEREBY STIPULATED by and between the United States of America and petitioners George Dellis and Fern Dellis, Co-Trustees of the George Dellis and Fern Dellis Trust Dated August 15, 2002; and Luwayne Stout and Esther Stout (hereafter jointly referenced as "Petitioners") as follows: 1. On July 7, 2014, the Court entered an Amended ..
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STIPULATION TO CONTINUE DEADLINE TO RESPOND TO ANCILLARY PETITION; ORDER Fed.R.Crim.P. 32.2(c); 21 U.S.C.§ 853(n)
BARBARA A. McAULIFFE, Magistrate Judge.
IT IS HEREBY STIPULATED by and between the United States of America and petitioners George Dellis and Fern Dellis, Co-Trustees of the George Dellis and Fern Dellis Trust Dated August 15, 2002; and Luwayne Stout and Esther Stout (hereafter jointly referenced as "Petitioners") as follows:
1. On July 7, 2014, the Court entered an Amended Preliminary Order of Forfeiture as to defendants James Lankford and Jon Vance McDade on July 7, 2014, forfeiting all of their right, title, and interest in the following real property: 527 Melrose Street, Modesto, California, Stanislaus County, APN: 111-002-041, including any right, title and interest in the whole of any lot or tract of land and any appurtenances or improvements thereon (the "Property"). ECF No. 174.
2. On June 25, 2015, Petitioners filed their Petition for Ancillary Hearing (the "Petition") claiming an interest in a $45,500.00 Deed of Trust executed December 2, 2009 and secured by the Property (the "Deed of Trust"). ECF No. 181.
3. On June 30, 2015, the Court ordered the United States to respond to the Petition by July 17, 2015. ECF No. 182.
4. On July 16, 2015 the Court issued and Order extending the deadline to August 17, 2015 for the United States to respond to the Ancillary Petition. EFC No. 184.
5. On August 16, 2015 the Court issued and Order extending the deadline to September 17, 2015 for the United States to respond to the Ancillary Petition. ECF No. 186.
6. The Parties are working to resolve the case. Counsel for the United States circulated a proposed settlement agreement on July 16, 2015. Counsel for Petitioners has reviewed and agreed to circulate the proposed settlement to the Petitioners for signature. The United States has requested additional documents with regard to Petitioners' interests and Petitioners are in the process of obtaining that documentation.
7. The Parties request that the Court grant the United States and Petitioners an additional 60 days to resolve this matter without the need for a formal hearing under 21 U.S.C. § 853(n)(4) and Fed.R.Crim.P. 32.2(c).
ORDER
Given the parties ongoing settlement discussions, the United States' deadline to respond to the Petition for Ancillary Hearing (Doc. 181) is continued from September 17, 2015 to November 17, 2015.
IT IS SO ORDERED.
