United States of America v. Approximately $7,081.00 in U.S. Currency et al
Filing
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STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 11/22/11 ORDERING STAY of further proceedings. On or before 2/2/12, the parties will advise the court whether a further stay is necessary. Status (Pretrial Scheduling) Conference RESET for 2/27/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. The parties shall submit a joint scheduling report 14 days prior to the hearing. (Meuleman, A)
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BENJAMIN B. WAGNER
United States Attorney
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: (916)554-2700
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Attorneys for the United States
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA,
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Plaintiff,
v.
APPROXIMATELY $7,081.00 IN U.S.
CURRENCY,
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2006 HONDA CRF450R MOTORCYCLE, VIN:
JH2PE05336M413204, CALIFORNIA
LICENSE NUMBER: 83C47Y,
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2004 HONDA CRF250X MOTORCYCLE, VIN:
JH2ME11184K000863, CALIFORNIA
LICENSE NUMBER: Z26N82,
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2006 YAMAHA TT-R230 MOTORCYCLE,
VIN: 9C6CGI9Y560013660,
CALIFORNIA LICENSE NUMBER:
14E21L, and
1984 CASE 580E BACKHOE WITH
SCRAPER BUCKET, VIN: 17033151.
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Defendants.
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2:10-CV-00520-GEB-DAD
STIPULATION FOR STAY OF
FURTHER PROCEEDINGS AND
ORDER [PROPOSED]
DATE: December 12, 2011
TIME: 9:00 a.m.
COURTROOM: #10, 13TH fl.
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The United States of America and claimant Jonathan Todd
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Farrell (hereafter “claimant”) stipulate that a stay is necessary
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in the above-entitled action, and request that the Court enter an
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Stipulation for Stay of Further
Proceedings and Order
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order staying all further proceedings pending the outcome of a
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related criminal case now pending in this Court (United States v.
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Jonathan Todd Farrell, 2:09-CR-00426-GEB).
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conference in the criminal case is scheduled for December 2,
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2011; the parties seek a further stay in this case until February
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2, 2012.
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1.
The next status
This stipulation is based on the following:
Pursuant to 18 U.S.C. §§ 981(g)(1), (g)(2), and 21
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U.S.C. § 881(i) the parties suggest that a stay of further
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proceedings in this case is necessary.
The United States
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contends that the defendant currency is the proceeds of drug
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trafficking, and that the defendant vehicles were used to
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facilitate the cultivation of marijuana, and are therefore
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forfeitable to the United States.
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depose the claimant about the claim he filed in this case and the
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facts surrounding his acquisition of the currency, and his use of
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the vehicles.
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about the events that led to the filing of an information against
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him for manufacturing marijuana and possession of a firearm by a
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felon.
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difficult position of either invoking his Fifth Amendment right
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against self-incrimination and losing the ability to protect his
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interest in the defendant property, or waiving his Fifth
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Amendment rights and submitting to a deposition and potentially
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incriminating himself in the pending criminal matter.
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claimant invokes his Fifth Amendment rights, the United States
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will be deprived of the ability to explore the factual basis for
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the claim he filed in this action and the defenses raised in his
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Answer.
The United States intends to
The United States will also question claimant
If discovery proceeds, claimant would be placed in the
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If
Stipulation for Stay of Further
Proceedings and Order
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2.
In addition, if this case is not stayed claimant will
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attempt to depose law enforcement officers who were involved in
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the execution of the search warrants at the claimant’s residence
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and other locations where marijuana plants and growing equipment
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was found.
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adversely affect the ability of the federal authorities to
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conduct its related criminal prosecution.
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3.
Allowing depositions of these officers would
Accordingly, the parties contend that proceeding with
this action at this time has potential adverse affects on the
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prosecution of the related criminal case and/or upon claimant’s
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ability to prove his claim to the property and to contest the
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United State's allegations that the property is forfeitable.
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However, the parties are informed and believe that the criminal
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matter involving Farrell may be resolved in the near future. The
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status conference in Farrell’s criminal case has been continued
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again to December 2, 2011.
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jointly request that this matter be stayed until February 2,
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2012.
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status of the criminal prosecution and will, if necessary, seek a
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further stay.
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DATED: 11/21/11
For these reasons, the parties
At that time the parties will advise the court of the
BENJAMIN B. WAGNER
United States Attorney
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By:
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/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
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DATED: 11-21-11
/s/ Zenia Gilg
ZENIA GILG
Attorney for claimant
Jonathan Todd Farrell
(Authorized by email)
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Stipulation for Stay of Further
Proceedings and Order
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ORDER
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For the reasons set forth above, this matter is stayed
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pursuant to 18 U.S.C. §§ 981(g)(1), 981(g)(2), and 21 U.S.C. §
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881(i).
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the court whether a further stay is necessary.
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On or before February 2, 2012, the parties will advise
Good cause having been shown, the Status (Pretrial
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Scheduling) Conference now scheduled for December 12, 2011, is
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continued to February 27, 2012, at 9:00 a.m.
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submit a joint scheduling report fourteen days prior to the
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The parties shall
hearing.
IT IS SO ORDERED.
Dated:
November 22, 2011
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GARLAND E. BURRELL, JR.
United States District Judge
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Stipulation for Stay of Further
Proceedings and Order
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