United States of America v. APN: 205-75-11504, 8617 S. Sun Bar Ranch Pl, Vail, AZ
Filing
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ORDER LIFTING STAY; UNSEALING ANSWERS; AND PROTECTIVE ORDER signed by Judge John A. Mendez on 3/30/10: The stay previously entered in this case is lifted. The Clerk of the Court shall unseal the Answers filed by claimants on or about October 26, 2006. (Kaminski, H)
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BENJAMIN B. WAGNER United States Attorney KRISTIN S. DOOR, SBN 84307 Assistant United States Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916)554-2723 Attorneys for Plaintiff United States of America
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA,
) ) Plaintiff, ) ) v. ) ) REAL PROPERTY LOCATED AT 8617 ) SOUTH SUN BAR RANCH PLACE, ) VAIL, PIMA COUNTY, ARIZONA, ) APN:205-75-11504, INCLUDING ) ALL APPURTENANCES AND ) IMPROVEMENTS THERETO, ) ) Defendant. ) ______________________________) The Court finds as follows: 1.
2:06-CV-00436-JAM-DAD ORDER LIFTING STAY; UNSEALING ANSWERS; AND PROTECTIVE ORDER
DATE: April 7, 2010 TIME: 9:30 a.m. COURTROOM:6
Claimants John and Judith Hollis are the owners of the
defendant real property. 2. Discovery was stayed in this case during an
investigation of insurance fraud involving Tri-Continental Insurance Company and Robert Brown aka Matthew Schacter. 3. The United States Attorney for the Eastern District of
California has advised claimant John Hollis that he has no present intention of prosecuting claimant John Hollis based on the events giving rise to that investigation. 1
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4.
The United States has requested that the stay be lifted
so that discovery can resume. 5. In order to permit discovery to proceed in this case
while protecting claimants' interests, the Court finds that a protective order will adequately protects claimants' rights. ACCORDINGLY, IT IS ORDERED THAT: 1. 2. The stay previously entered in this case is lifted. The Clerk of the Court shall unseal the Answers filed
by claimants on or about October 26, 2006. 3. No testimony or documents John or Judith Hollis
produce in this civil forfeiture action, whether by way of discovery responses, deposition testimony, or trial testimony, shall be used by federal, state, or local authorities in connection with any criminal prosecution other than as set forth in paragraph 8 below. 4. Except as provided in Paragraph 8, Plaintiff shall not
provide discovery documents, discovery responses, or deposition or trial testimony to any federal, state, or local prosecutor for use in a criminal prosecution, and agrees that this material shall be used only for the purposes of the prosecution, defense, or settlement of this action, and for no other purpose. 5. The material produced in discovery may be reviewed by
paralegal or secretarial staff in the U.S. Attorney's Office or by law enforcement agents (federal, state, or local) solely for purposes of the prosecution, defense, or settlement of this civil forfeiture action, and for no other purpose. 6. Federal, state, and local law enforcement officers may
attend claimants' depositions and the deposition of any witness. 2
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7.
Plaintiff is permitted, without further order of this
court, to file claimants' discovery responses or deposition testimony in court as exhibits to a motion such as a motion for summary judgment or motion to compel discovery, provided however that plaintiff will request that said filings be sealed. 8. Plaintiff is permitted to use any testimony or
documents produced in this civil forfeiture action in any subsequent prosecution for perjury or false statement. 9. This order shall survive the final disposition of this
case, and the Court shall retain jurisdiction to resolve any dispute concerning the use of information produced hereunder.
IT IS SO ORDERED. Dated: March 30, 2010 /s/ John A. Mendez JOHN A. MENDEZ United States District Judge
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