Stipulation and Proposed Order Regarding Third-Party Claimant Sandra Will's Ancillary Petition — United States v. Cassie Will-Darnall (Dkt. 58)

Summary

Document 58, filed 05/28/25, is a stipulation and proposed order about the ancillary petition of third party claimant Sandra Will, mother of defendant Cassie Will-Darnall. After the April 30, 2025 preliminary order of forfeiture covering two Los Gatos properties, Ms. Will's counsel and the government agree she may file an ancillary petition by June 6, 2025. The government's motion would be due July 25, 2025, her opposition August 22, 2025 and its reply September 12, 2025. A hearing is requested for October 15, 2025 at 10:00 a.m. The parties report they have met and conferred twice.

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“Stipulation and Proposed Order Regarding Third-Party Claimant Sandra Will's Ancillary Petition — United States v. Cassie Will-Darnall (Dkt. 58).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-cand-430212-58-0-78dd44cccf/, SHA-256 c5d0109bf8758372900a0068ce0ab03df6b2decea39ae2e00b3dc6c0cc77804e.

Full text

Case 5:24-cr-00292-PCP Document 58 Filed 05/28/25 Page 1 of 3

1 MOEEL LAH FAKHOURY LLP
Hanni M. Fakhoury (State Bar No. 252629)
2 2006 Kala Bagai Way, Suite 16
Berkeley, CA 94704
3 Telephone: (510) 500-9994
Email: hanni@mlf-llp.com
4

5 Attorneys for Sandra Will

7 IN THE UNITED STATES DISTRICT COURT
8 FOR THE NORTHERN DISTRICT OF CALIFORNIA
9 SAN JOSE DIVISION
10

11 UNITED STATES OF AMERICA, Case No.: 5:24-CR-00292-PCP

12 Plaintiff, STIPULATION AND [PROPOSED]
ORDER REGARDING THIRD PARTY
13 v. CLAIMANT SANDRA WILL’S
ANCILLARY PETITION
14 CASSIE WILL-DARNALL,

15 Defendant.

17 On April 30, 2025, the Court entered a preliminary order of forfeiture upon application of the
18 United States, ordering forfeiture of the following properties to the federal government: (1) Real
19 Property located at 111 Belwood Gateway, Los Gatos CA 95032, Santa Clara County, APN 527-31-
20 019 (the “Bellwood Property”); and (2) Real Property located at 306 Los Gatos Almaden Rd., Los
21 Gatos, CA 95032, Santa Clara County, APN 527-46-002 (the “Almaden Property”). Dkt. 43, 50.
22 Sandra Will is a third party claimant as to both properties and the mother of defendant Cassie
23 Will-Darnall. Ms. Will has substituted current undersigned counsel to represent her in connection
24 with the forfeiture proceedings in this matter.
25 Prior to the filing of this stipulation and proposed order, the parties have met and conferred
26 twice in an effort to reach a resolution. That process is ongoing notwithstanding the filing of this
27 stipulation. In an effort to (1) preserve the status quo, (2) permit Ms. Will’s counsel to continue
28 investigating the properties and prepare, if necessary, an ancillary petition pursuant to 21 U.S.C. §

STIPULATION AND [PROPOSED] ORDER REGARDING ANCILLARY PETITION
United States v. Will-Darnall, 5:24-CR-00292-PCP
1
Case 5:24-cr-00292-PCP Document 58 Filed 05/28/25 Page 2 of 3

1 853(n) and Federal Rule of Criminal Procedure 32.2(c), and (3) allow the parties to continue to
2 negotiate and attempt to reach a resolution concerning forfeiture of the two properties, the parties
3 hereby stipulate as follows:
4 1. Ms. Will may file any ancillary petition with this Court by June 6, 2025.
5 2. If a petition is filed, the government may file any motion it wishes to bring pursuant to
6 Federal Rule of Criminal Procedure 32.2 by July 25, 2025. Ms. Will may file an opposition
7 to any motion filed by the government by August 22, 2025. The government may file a
8 reply to Ms. Will’s opposition by September 12, 2025.
9 3. The parties request a hearing on any motions filed by the government be held before this
10 Court on October 15, 2025 at 10:00 a.m. in person in the San Jose Courthouse.
11 Undersigned counsel certifies he has obtained approval from counsel for the government to file
12 this Stipulation and Proposed Order.
13

16 IT IS SO STIPULATED.

17
Dated: May 28, 2025 MOEEL LAH FAKHOURY LLP
18
/S
19
HANNI M. FAKHOURY
20 Attorneys for Third Party Claimant Sandra Will

21
Dated: May 28, 2025 CRAIG H. MISSAKIAN
22 United States Attorney
Northern District of California
23
/S
24 GALEN PHILLIPS
Assistant United States Attorney
25

STIPULATION AND [PROPOSED] ORDER REGARDING ANCILLARY PETITION
United States v. Will-Darnall, 5:24-CR-00292-PCP
2
Case 5:24-cr-00292-PCP Document 58 Filed 05/28/25 Page 3 of 3

1 IN THE UNITED STATES DISTRICT COURT
2 FOR THE NORTHERN DISTRICT OF CALIFORNIA
3 SAN JOSE DIVISION
4

5 UNITED STATES OF AMERICA, Case No.: 5:24-CR-00292-PCP

6 Plaintiff, [PROPOSED] ORDER REGARDING
THIRD PARTY CLAIMANT SANDRA
7 v. WILL’S ANCILLARY PETITION
8 CASSIE WILL-DARNALL,

9 Defendant.

11 Based on the reasons provided in the stipulation of the parties, the Court hereby orders the
12 following:
13 1. Sandra Will shall file any ancillary petition with this Court by June 6, 2025;
14 2. If a petition is filed, the Court sets the following briefing schedule:
15 a. Any government motion brought pursuant to Federal Rule of Criminal Procedure
16 32.2 to be filed by July 25, 2025
17 b. Ms. Will’s opposition to any motions filed by the government to be filed by August
18 22, 2025
19 c. Any reply by the government to Ms. Will’s opposition to be filed by September 12,
20 2025
21 3. A hearing on any motions filed by the government will be held before this Court on
22 October 15, 2025 at 10:00 a.m. in person in the San Jose Courthouse.
23

24 IT IS SO ORDERED.
25

26 DATED:_________________ _________________________________________
HONORABLE P. CASEY PITTS
27 United States District Judge
28

[PROPOSED] ORDER REGARDING ANCILLARY PETITION
United States v. Will-Darnall, 5:24-CR-00292-PCP
1

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