United States of America v. Real Property Located at 5590 E. Garland Avenue, Fresno, Fresno County, California, APN: 494-050-20, Including All Appurtenances and Improvements Thereto

Filing 33

STIPULATION and ORDER to STAY proceedings. The scheduling conference set for 9/27/2012, is VACATED. The parties are to promptly notify the Court upon resolution of the pending criminal prosecution. Order signed by Magistrate Judge Sheila K. Oberto on 7/27/2012. (Timken, A)

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BENJAMIN B. WAGNER
United States Attorney
HEATHER MARDEL JONES
Assistant United States Attorney
United States Courthouse
2500 Tulare Street, Suite 4401
Fresno, California 93721
Telephone: [phone]
Facsimile: [phone]

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Attorneys for United States

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

) 1:11-CV-02052-LJO-SKO
)
Plaintiff,
) STIPULATION TO STAY
) PROCEEDINGS AND ORDER
v.
)
)
REAL PROPERTY LOCATED AT
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5590 E. GARLAND AVENUE,
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FRESNO, FRESNO COUNTY,
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CALIFORNIA,APN:494-050-20,
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INCLUDING ALL
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APPURTENANCES AND
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IMPROVEMENTS THERETO,
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)
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Defendant.
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_____________________________________)
The United States of America, Claimants Ryan Bagdasarian and Anthony

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Bagdasarian, and Claimants Heather Stevens and Martin Stevens, by and through

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their respective counsel, hereby stipulate that a stay is necessary in the

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above-entitled action and request the Court enter an order staying proceedings

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pending resolution of the on-going criminal prosecution United States v.

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Bagdasarian et al, 1:11-CR-00352-LJO-SKO.

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The stay is requested pursuant to 18 U.S.C. §§ 981(g)(1) and (g)(2). The

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United States contends that the defendant assets are traceable to proceeds of,

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involved in, or facilitated the violations alleged in the Superceding Criminal
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Stipulation to Stay Proceedings and Order

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Indictment (See 1:11-CR-00352-LJO-SKO Doc # 42).
A stay is warranted because if discovery proceeds at this time in the civil in

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rem case, Claimants would be entitled to depose, among others, the agents and

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deputies involved with this investigation. Allowing depositions of the law

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enforcement officers at this stage of the criminal investigation could adversely affect

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the ability of the federal authorities to effectively pursue the related criminal

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prosecution.

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Likewise, a stay is warranted because Claimant Ryan Bagdasarian is a

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Defendant in the related criminal prosecution, has standing to assert a claim in the

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civil in rem forfeiture proceeding, and continuation of the forfeiture proceeding will

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burden the right of Claimant Ryan Bagdasarian against self-incrimination in the

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related criminal prosecution.

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As such, the parties recognize that proceeding with the civil in rem action at

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this time could have adverse effects on the underlying criminal prosecution and/or

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upon the Claimants' ability to prove their claim to the property and to assert any

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defenses to forfeiture.
For these reasons, the parties jointly request that this matter be stayed

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pending resolution of the related criminal prosecution.

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THEREFORE, the parties to this action stipulate and request as follows:

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1.

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pending related criminal prosecution;

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2.

All presently scheduled court dates be vacated; and,

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3.

The parties are to promptly notify the Court upon resolution of the pending

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criminal prosecution.

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///

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Pursuant to 18 U.S.C. §§ 981(g)(1) and (g)(2), this action be stayed due to the

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Stipulation to Stay Proceedings and Order

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Respectfully submitted,
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Dated: July 25 , 2012

BENJAMIN B. WAGNER
United States Attorney

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/s/ Heather Mardel Jones
HEATHER MARDEL JONES
Assistant United States Attorney

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Dated: July 25, 2012

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/s/ Nicholas Capozzi
ANTHONY P. CAPOZZI
NICHOLAS CAPOZZI
Attorneys for Claimants
Ryan Bagdasarian and
Anthony Bagdasarian

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Dated: July 25 , 2012

/s/ Brenda Grantland
BRENDA GRANTLAND
Attorneys for Claimants
Heather Stevens and
Martin Stevens

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ORDER

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IT IS SO ORDERED.

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Dated:
ie14hj

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July 27, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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Stipulation to Stay Proceedings and Order