United States v. Approximately $28,507.65 seized from Bank of the Sierra account number 1820240370, held in the name of Taqueria La Villa, a sole proprietorship et al

Filing 18

STIPULATION to Stay Civil Proceedings and ORDER signed by Magistrate Judge Gary S. Austin on 10/3/2013. Status Conference set for 3/4/2014 at 10:00 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin.(Martinez, 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
[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,

) 1:12-CV-00376-LJO-GSA
)
Plaintiff,
) STIPULATION TO STAY CIVIL
) PROCEEDINGS AND ORDER
v.
)
)
APPROXIMATELY $28,507.65 SEIZED )
FROM BANK OF THE SIERRA
)
ACCOUNT NUMBER 1820240370,
)
HELD IN THE NAME OF TAQUERIA )
LA VILLA, A SOLE PROPRIETORSHIP, )
and
)
)
APPROXIMATELY $18,092.77 SEIZED )
FROM BANK OF THE SIERRA
)
ACCOUNT NUMBER 1800736880,
)
HELD IN THE NAMES OF JESUS
)
NUNEZ DIAZ AND MARIA REMEDIOS )
NUNEZ,
)
)
Defendants.
)
IT IS HEREBY STIPULATED between the United States of America and Claimants

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Jesus Nunez Diaz and Maria Remedios Nunez (“Claimants”), by and through their

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respective counsel, that a stay is necessary in the above-entitled action and request the

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Court enter an order staying proceedings pending resolution of the currently active criminal

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investigation.

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1.

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On March 12, 2012, the United States filed a civil judicial “Verified Complaint

for Forfeiture In Rem,” in the Eastern District of California: United States v. Approximately

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1

Stipulation to Stay Civil Proceedings and
Order

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$28,507.65 Seized From Bank Of The Sierra Account Number 1820240370, Held In The

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Name Of Taqueria La Villa, A Sole Proprietorship, And Approximately $18,092.77 Seized

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From Bank Of The Sierra Account Number 1800736880, Held In The Names Of Jesus

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Nunez Diaz And Maria Remedios Nunez, Docket No. 1:12-CV-00376-LJO-GSA, ECF No. 1.
2.

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On May 8, 2012, Claimants filed judicial claims to the defendant funds; and on

June 8, 2012, Claimants filed an Answer. ECF Nos. 7, 8, 12.
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As provided by 18 U.S.C. § 981(g)(1), upon request of the United States, the

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court “shall” stay the civil forfeiture proceeding if the court determines that civil discovery

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will adversely affect the ability of the Government to conduct a related criminal

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investigation or the prosecution of a related criminal case.
4.

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As provided by 18 U.S.C. § 981(g)(2), upon request by the claimant, the court

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“shall” stay the civil forfeiture proceedings if the court determines that the claimant is the

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subject of a related criminal investigation or case, the claimant has standing to assert a

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

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burden the right of the claimant against self-incrimination in the related investigation or

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case.

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5.

As provided in both 18 U.S.C. §§ 981(g)(1) and (g)(2), the parties wish by

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agreement to stay the civil forfeiture proceedings entirely, as the parties stipulate and

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agree that there is a related ongoing criminal investigation of which Claimants are a

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subject, that Claimants have standing to assert a claim in the civil forfeiture proceeding,

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that continuation of the forfeiture proceeding will burden the right of Claimants against

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self-incrimination in the related criminal prosecution, and that the present civil discovery

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will adversely affect the ability of the United States to conduct the related criminal

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investigation.

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6.

Accordingly, the parties agree that the stay be imposed. As the criminal

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investigation has not yet resulted in criminal charges, the parties wish the stay to be in

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effect only until March 11, 2014. The parties request that the court set a status hearing on

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or about March 4, 2014. The parties will file a joint status report one week prior, informing

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2

Stipulation to Stay Civil Proceedings and
Order

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the court whether the continuation of the stay is still necessary.

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Date: September 27, 2013

BENJAMIN B. WAGNER
United States Attorney

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

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Date: September 26, 2013

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/s/ Michael P. Mears
MICHAEL P. MEARS
Attorney for Claimants

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ORDER

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Based on the parties’ stipulation set forth above, this action is stayed until March 11,

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2014. As requested by the parties, a status conference is hereby scheduled for 10:00 a.m.,
on March 4, 2014, in Courtroom 10. The parties may appear telephonically by coordinating

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a one-line conference call prior to calling Chambers at [phone]. The parties shall file

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a joint status report one week prior to the status conference, informing the court whether a

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continuation of the stay is necessary.

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IT IS SO ORDERED.
Dated:

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October 3, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC_Sign ature-END:

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Stipulation to Stay Civil Proceedings and
Order