USA v. Real Property Located at 24545 N. Suttenfield Road, Acampo, CA

Filing 42

STIPULATION and ORDER 41 signed by Judge William B. Shubb on 9/9/10: This matter is STAYED pursuant to 18 U.S.C. §§ 981(g)(1) and 981(g)(2) for a period of three months. The Status Conference is CONT'D to 12/13/2010 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. The paries shall file a joint status report by 12/6/10. (Kastilahn, A)

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USA v. Real Property Located at 24545 N. Suttenfield Road, Acampo, CA Doc. 42 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 KRISTIN S. DOOR, SBN 84307 Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916)554-2723 Attorney for Plaintiff United States of America IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) UNITED STATES OF AMERICA, Plaintiff, v. REAL PROPERTY LOCATED AT 24545 N. SUTTENFIELD ROAD, ACAMPO, CALIFORNIA, SAN JOAQUIN COUNTY, APN: 021-042-16, Defendant. ___________________________________ 2:07-cv-02114 WBS/KJM STIPULATION TO EXTEND STAY AND ORDER THEREON DATE: September 20, 2010 TIME: 2:00 p.m. COURTROOM: 5 Plaintiff United States of America, and Claimants William Pearce, Kristin Burckard, and JP Morgan Chase Bank, N.A.,1 by and through their respective counsel, hereby stipulate that a stay is necessary in the above-entitled actions, and request that the Court enter an order staying all further proceedings for an additional three months. This case has been stayed since 2008 pursuant 18 U.S.C. 981(g)(1) and 981(g)(2) due to an investigation involving claimant Pearce. To date no charges have been filed, and during the stay the fair market value of the defendant real property has declined such that there is little equity to forfeit. Accordingly, the parties intend to discuss possible settlements of this case which may involve a dismissal JP Morgan Chase Bank, N.A., acquired certain assets and liabilities of claimant Washington Mutual Bank from the FDIC acting as a receiver. 1 Dockets.Justia.com 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 of this action. For this reason, the parties request that the status conference currently scheduled for September 20, 2010, be vacated and rescheduled to sometime in December 2010. Dated: September 7, 2010 BENJAMIN B. WAGNER United States Attorney By /s/ Kristin S. Door Assistant U.S. Attorney Attorneys for Plaintiff United States of America DANIEL J. BRODERICK Federal Defender By TIMOTHY ZINDEL /s/ Timothy Zindel (As authorized on 09/07/10) Assistant Federal Defender Attorney for claimant William Pearce /s/ Krista Hart (As authorized on 09/07/10) KRISTA HART Attorney for claimant Kristin Burckard KRISTIN S. DOOR Dated: September 7, 2010 Dated: September 7, 2010 Dated: September 7, 2010 /s/ Scott J. Stillman (As authorized on 09/07/10) SCOTT J. STILMAN Attorney for claimant JP Morgan Chase Bank, N.A., an acquirer of certain assets and liabilities of Washington Mutual Bank from the FDIC acting as receiver -2- 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 ORDER For the reasons set forth above, this matter is stayed pursuant to 18 U.S.C. 981(g)(1) and 981(g)(2) for a period of three months. The status conference scheduled for September 20, 2010 is vacated and is rescheduled to December 13, 2010 at 2:00 p.m.. The parties will file a joint status report by December 6, 2010 advising the court whether a further stay is necessary or addressing the matters in the March 14, 2008, Order Requiring Joint Status Report. IT IS SO ORDERED. Dated: September 9, 2010 -3-

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