United States v. Real Property Located at 42767 Road 80, Dinuba, California, Tulare County, APN: 013-020-041, including all appurtenances and improvements thereto

Filing 31

STIPULATION [Doc. 30] to STAY Case and to VACATED Scheduling Conference; ORDER: (1) case Stayed until conclusion of criminal case in 1:08-cr-00253-LJO; (2) Scheduling Conference hearing date of Sept. 13, 2010 - VACATED; (3) parties shall notify Court when criminal case has resolved; (4)Parties are to file a Status Report every 4 months in this case. signed by Magistrate Judge Sandra M. Snyder on 9/8/2010. (Herman, H)

United States v. Real Property Located at 42767 Road 80, Di...appurtenances and improvements thereto

Doc. 31

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

BENJAMIN B. WAGNER United States Attorney DEANNA L. MARTINEZ Assistant U.S. Attorney United States Courthouse 2500 Tulare Street, Suite 4401 Fresno, California 93721 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

) ) Plaintiff, ) ) v. ) ) REAL PROPERTY LOCATED AT 42767 ) ROAD 80, DINUBA, CALIFORNIA, ) TULARE COUNTY, APN: 013-020-041, ) INCLUDING ALL APPURTENANCES ) AND IMPROVEMENTS THERETO, ) ) Defendant. ) _____________________________________)

1:08-CV-01452-LJO-SMS STIPULATION TO STAY CASE AND TO VACATE SCHEDULING CONFERENCE; ORDER THEREON

IT IS HEREBY STIPULATED by and between Plaintiff, United States of America and Claimant Viridiana Cardenas Sanchez as follows: 1. Claimant Jesus Fletes is presently facing federal criminal charges in the Eastern

District of California, United States v. Jesus Fletes, 1:08-CR-00253-LJO, allegedly relating to transactions or events which form the basis for this civil forfeiture action. 2. The parties recognize that proceeding with this action has potential adverse affects

on the prosecution of the related criminal case and/or upon Claimant Jesus Fletes' right against selfincrimination in the related federal criminal case. 3. As part of his plea in the related federal criminal action, Jesus Fletes has agreed to

forfeit his interest in the property subject to forfeiture in this case and has agreed to execute any
STIPULATION TO STAY CASE AND TO VACATE SCHEDULING CONFERENCE; ORDER THEREON

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18

documents effectuating said forfeiture. 4. Publication of the civil forfeiture action is complete and to date only Jesus Fletes and

Viridiana Cardenas Sanchez has filed a claim and answer to this action. No other potential claimants have filed claims, answers, or otherwise appeared in this action and the time to do so has expired. THEREFORE, the parties to this action stipulate and request as follows: 1. Pursuant to 18 U.S.C. § 981(g), this action be stayed pending the conclusion of the

federal criminal action presently pending against Jesus Fletes in the Eastern District of California; 2. The Scheduling Conference in the civil case scheduled for September 13, 2010, at

9:15 a.m. in Courtroom 7 before Magistrate Judge Sandra M. Snyder be Vacated; and, 3. The parties are to promptly notify the Court when the criminal case resolves. BENJAMIN B. WAGNER United States Attorney /s/ Deanna L. Martinez DEANNA L. MARTINEZ Assistant United States Attorney

Dated: September 7, 2010

Dated: September 3, 2010

/s/ Daniel A. Bacon DANIEL A. BACON Attorney for Claimant Viridiana Cardenas Sanchez (original signature retained by attorney)

19 20 21 22 23 IT IS SO ORDERED. 24 25 26 27 28
STIPULATION TO STAY CASE AND TO VACATE SCHEDULING CONFERENCE; ORDER THEREON

IT IS SO ORDERED. IT IS FURTHER ORDERED THAT the parties file a Status Report every four (4) months in this case.

Dated: icido3

September 8, 2010

/s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE

2