United States of America v. Real Property Located at 6415 North Harrison Avenue, Fresno, Fresno County, California, APN: 407-751-08

Filing 95

STATUS Report re: Stay of Civil Forfeiture Proceedings. ORDER Lifting Stay and Setting Status Conference. Pursuant to the status report, the STAY is hereby LIFTED. A Status Conference is hereby set for February 2, 2016 at 08:30 AM in Co urtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. One week prior to the Status Conference, by January 26, 2016, the parties shall meet and confer and submit a Joint Status Report. signed by Magistrate Judge Barbara A. McAuliffe on 7/15/2015. (Herman, H)

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BENJAMIN B. WAGNER
United States Attorney
JEFFREY A. SPIVAK
Assistant United States Attorney
United States Courthouse
2500 Tulare Street, Suite 4401
Fresno, California 93721
[phone] Telephone
[phone] Facsimile

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Attorneys for the United States

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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Plaintiff,
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v.
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REAL PROPERTY LOCATED AT 6415 )
NORTH HARRISON AVENUE,
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FRESNO, FRESNO COUNTY,
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CALIFORNIA, APN: 407-751-08,
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INCLUDING ALL APPURTENANCES )
AND IMPROVEMENTS THERETO, )
AND,
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2005 MERCEDES-BENZ E500,
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LICENSE: 5KRF178, VIN:
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WDBU70J85A664340,
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Defendants.
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____________________________________ )

Case No. 1:11-CV-00304-BAM
STATUS REPORT RE: STAY OF
CIVIL FORFEITURE
PROCEEDINGS
ORDER LIFTING STAY AND
SETTING STATUS CONFERENCE

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The United States of America provides the following status report regarding the
currently imposed stay of the civil forfeiture proceedings, as follows:
1. On September 21, 2012, the Court stayed the instant matter pursuant to 18 U.S.C. §

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981(g)(1) pending the conclusion of the related criminal matter, United States v.

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Kwan Yong Choi, 1: 10-CR-00206-AWI (E.D. Cal.). ECF No. 85.

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2. Defendant Kwan Yong Choi entered an open plea of guilt to the entire indictment on

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February 10, 2014. See ECF No. 18 in United States v. Kwan Yong Choi, 1: 10-CR-

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00206-AWI (E.D. Cal.)(the “Criminal Case”). He was sentenced to 36 months

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incarceration, $2,161,095.00 in restitution, and a $600 special assessment on July 21,

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2014. See Criminal Case ECF No. 32.

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3. On July 31, 2014, Choi filed a notice of appeal of the sentence. See Criminal Case

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ECF No. 41. The sentence was affirmed on June 22, 2015. See Criminal Case ECF

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No. 47. Although the mandate has not issued, the United States believes that the

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Ninth Circuit ruling should conclude the criminal case.

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4. The United States requests that the Court lift the stay and schedule a Status

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Conference in roughly 180 days. The parties have begun settlement discussions.

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Depending on the success of informal settlement discussions, the parties may request

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that the Court set a settlement conference in advance of the Status Conference.

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5. Otherwise, the parties will meet and confer, discuss the status of discovery going

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forward, and file a Joint Status Report regarding future discovery, including

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suggested scheduling dates, one week prior to the Status Conference.

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Dated: July 7, 2015

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BENJAMIN B. WAGNER
United States Attorney

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/s/ Jeffrey A. Spivak
JEFFREY A. SPIVAK
Assistant United States Attorney

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ORDER

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Pursuant to the above status report, the STAY is hereby LIFTED.

A Status

Conference is hereby set for February 2, 2016. One week prior to the Status Conference,
by January 26, 2016, the parties shall meet and confer and submit a Joint Status Report.
IT IS SO ORDERED.

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Dated:

July 15, 2015

/s/ Barbara

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE
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