United States of America v. Real Property Located at 17 Coon Creek Road, Hawkins Bar, California
Filing
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STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 5/5/10 ORDERING that this matter is stayed for 90 days, or until further court order or furthercourt-approved stipulation by the parties. The pretrial scheduling conference is rescheduled for August 23, 2010, at 9:00 a.m. A joint status report is to be filed fourteen days prior to the hearing. (Becknal, R)
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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 17 COON CREEK ROAD, HAWKINS BAR, CALIFORNIA, TRINITY COUNTY, APN: 008-760-12, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, Defendant.
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2:09-cv-1937 GEB-KJM JOINT STIPULATION TO EXTEND STAY AND ORDER
DATE: May 10, 2010 TIME: 9:00 a.m. COURTROOM: 10
The plaintiff United States of America and claimants Byron Pickle (the property owner) and Leung and Betty Chinn (lienholder) request that the stay entered in this case on October 7, 2009, be extended an additional 90 days. As explained in the Joint Status Report and Request for Stay filed on October 5, 2009, this case, and the related case (U.S. Real Property, 1 Mile Up Hennessey Road, et al., 2:09-cv-1940 GEB-KJM) arose out of an investigation in Trinity County involving claimant Byron Pickle and two relatives, Thomas and James Pickle. Local law enforcement officers executed a state
1 JOINT STIPULATION TO EXTEND S T A Y AND ORDER [PROPOSED]
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search warrant at the defendant property and found 54 pounds of processed marijuana, 364 marijuana plants, approximately $10,000 in cash, and packaging material. Officers found about 45 pounds
of processed marijuana, approximately $60,000 in cash, packaging materials, and multiple firearms when they executed a state search warrant at the Hennessey Road property. The Trinity County District Attorney has filed state drug charges against Thomas and James Pickle. The next status
conference in Trinity County Superior Court is scheduled for April 28, 2010. No trial date has been set.
While it does not appear that any charges will be filed against claimant Byron Pickle, charges are pending against two individuals involved with the marijuana found on the defendant property. Undoubtedly Thomas and James will assert their Fifth
Amendment rights against self-incrimination if plaintiff attempts to depose them before their state charges are resolved, thereby depriving the government of the ability to gather relevant information from percipient witnesses. Accordingly, the parties contend that proceeding with this action at this time has potential adverse affects on the prosecution of the related-criminal case, on claimant's ability to prove his claim to the property and to contest the government's allegations that the property is forfeitable, and on the government's ability to conduct complete discovery. For
these reasons, the parties request that this matter be stayed for a period of 90 days, or until further court order or further court-approved stipulation by the parties. At that time the
parties will advise the Court whether a further stay is
2 JOINT STIPULATION TO EXTEND S T A Y AND ORDER [PROPOSED]
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necessary. DATED: April 26, 2010 BENJAMIN B. WAGNER United States Attorney By: /s/ Kristin S. Door KRISTIN S. DOOR Assistant U.S. Attorney Attorneys for plaintiff United States of America /s/ Editte Lerman (As authorized on 4/26/10) EDITTE LERMAN Attorney for claimant Byron Pickle LAW OFFICES OF DAVID MICHAEL By: /s/ Edward M. Burch (As authorized on 4/26/10) EDWARD M. BURCH Attorneys for claimants Leung Chinn and Betty K. Chinn
DATED: April 26, 2010 By:
DATED: April 26, 2010
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ORDER For the reasons set forth above, this matter is stayed pursuant to 18 U.S.C. §§ 981(g)(1), 981(g)(2) and 21 U.S.C. § 881(i) for 90 days, or until further court order or further court-approved stipulation by the parties. The pretrial
scheduling conference is rescheduled for August 23, 2010, at 9:00 a.m. A joint status report is to be filed fourteen days prior to
the hearing. Dated: May 5, 2010
GARLAND E. BURRELL, JR. United States District Judge
JOINT STIPULATION TO EXTEND S T A Y AND ORDER [PROPOSED]
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