United States of America v. Approximately $6,658.92 in U.S currency seized from Wells Fargo Bank Account Number 8328019032 held in the name of Paypa Trail Entertainment, LLC. et al, No. 1:2013cv01674 - Document 35 (E.D. Cal. 2015)

Court Description: ORDER ADOPTING 33 FINDINGS AND RECOMMENDATIONS; Order GRANTING 29 Motion to Stay, signed by District Judge Dale A. Drozd on 12/22/2015. (Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 13 14 15 16 17 18 No. 1:13-CV-01674-DAD-SAB Plaintiff, v. APPROXIMATELY $6,658.92 IN U.S. CURRENCY SEIZED FROM WELLS FARGO ACCOUNT NUMBER 8328019032 HELD IN THE NAME OF PAYPA TRAIL ENTERTAINMENT, LLC, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND STAYING ACTION (Docs. No. 29, 33) Defendant. 19 20 Plaintiff, the United States of America, filed this in rem action under seal on October 16, 21 2013. (Doc. No. 1.) The action was initially stayed to allow the government to investigate the 22 underlying criminal charges. On July 9, 2015, an order issued unsealing the complaint in this 23 civil action. (Doc. No. 18.) The warrant for arrest of the articles in rem was executed and claims 24 for the return of the property have been filed. (Doc. Nos. 21, 22, 23, 24.) 25 On October 30, 2015, Plaintiff filed a motion to stay proceedings in this action until 26 resolution of a pending related criminal action. (Doc. No. 29.) On December 2, 2015, the 27 assigned magistrate judge issued findings and recommendations recommending that plaintiff’s 28 motion to stay be granted. (Doc. No. 33.) Those findings and recommendations were served on 1 1 the parties and contained notice that any objections were to be filed within ten days (10) days 2 from the date of service. The period for filing objections has passed and no objections have been 3 filed. 4 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a 5 de novo review of this case. Having carefully reviewed the entire file, the court finds the findings 6 and recommendations to be supported by the record and by proper legal analysis. 7 Based upon the foregoing: 8 1. The findings and recommendations filed December 2, 2015, are ADOPTED IN FULL; 9 2. Plaintiff’s motion to stay this action is GRANTED; and 10 3. Plaintiff shall file and serve a status report addressing the need for the continuance of 11 the stay in this action every three months until the stay is lifted. The first status report 12 shall be filed and served by plaintiff on or before April 1, 2016. 13 14 IT IS SO ORDERED. 15 16 Dated: December 22, 2015 DALE A. DROZD UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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