United States of America v. Real Property Located At 5205 Bear Creek Road, Garden Valley, California et al

Filing 34

STIPULATION and ORDER 33 signed by Judge Garland E. Burrell, Jr., on 2/16/10: The Status (Pretrial Scheduling) Conference is hereby CONT'D from 3/1/2010 to 6/14/2010 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr. The parties shall submit a joint scheduling report 14 days prior to the hearing. (Kastilahn, A)

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BENJAMIN B. WAGNER United States Attorney KRISTIN S. DOOR, SBN 84307 Assistant United States Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: [phone] Attorneys 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 5205 ) BEAR CREEK ROAD, GARDEN VALLEY,) CALIFORNIA, EL DORADO COUNTY, ) APN: 062-420-40, INCLUDING ) ALL APPURTENANCES AND ) IMPROVEMENTS THERETO, and ) ) APPROXIMATELY $37,750.00 IN ) U.S. CURRENCY, ) ) Defendants. ) )

2:08-cv-01113 GEB/DAD STIPULATION TO STAY FURTHER PROCEEDINGS AND ORDER THEREON

DATE: March 1, 2010 TIME: 9:00 a.m. COURTROOM: 10

Plaintiff United States of America and claimants Rollie and Sharlynn Trout and J.P. Morgan Bank, N.A.,1 requests that the

Court enter an order extending the existing stay of all further proceedings until June 1, 2010, because a related criminal case is still pending in El Dorado County (People v. Rollie William

J.P. Morgan Bank, N.A. acquired certain assets and liabilities of the lienholder, Washington Mutual Bank, from the FDIC acting as receiver. 1
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Trout and Scharlynn Trout, El Dorado County No. P08CRF0018). This request is based on the following: 1. Counsel for plaintiff contacted the El Dorado County

District Attorney's Office on January 28, 2010, and was advised that a readiness conference is now scheduled for April 9, 2010, and the trial is now scheduled for April 27, 2010, in the criminal action against claimants Rollie and Scharlynn Trout. 2. Pursuant to 18 U.S.C. §§ 981(g)(1) and 21 U.S.C. §

881(i) the United States is entitled to a stay if the court determines that civil discovery will adversely affect the ability of the government to conduct a related criminal investigation or the prosecution of a related case. The United States contends

that the defendant real property was used to facilitate a violation of federal drug laws (possession with intent to distribute marijuana) and is therefore forfeitable to the United States. The United States intends to depose the Trouts about the

claims they filed in this case and the facts surrounding the presence of over 37 pounds of processed marijuana on the defendant property. If discovery proceeds, claimants would be

placed in the difficult position of either invoking their Fifth Amendment right against self-incrimination and losing the ability to protect their interest in the defendant property, or waiving their Fifth Amendment rights and submitting to depositions and potentially incriminating themselves in the pending criminal matter. If claimants invoke their Fifth Amendment rights, the

United States will be deprived of the ability to explore the factual basis for the claims they filed in this action and the defenses raised in their Answers.

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3.

If this case proceeds at this time, claimants Rollie

and Sharlynn Trout will attempt to depose law enforcement officers who were involved in the execution of the state search warrant at the defendant property. Allowing depositions of these

officers would adversely affect the ability of the El Dorado County authorities to conduct its related criminal prosecution. 4. Accordingly, the parties contend that proceeding with

this action at this time has potential adverse affects on the prosecution of the related criminal case and/or upon claimants' ability to prove their claim to the property and to contest the government's allegations that the property is forfeitable. For

these reasons, the United States requests that this matter be stayed until June 1, 2010. At that time the parties will advise

the Court whether a further stay is necessary.

DATED: January 28, 2010

BENJAMIN B. WAGNER United States Attorney By: /s/ Kristin S. Door KRISTIN S. DOOR Assistant U.S. Attorney Attorneys for plaintiff

DATED: January 28, 2010

/s/ John Balazs JOHN BALAZS Attorney for claimants Rollie and Scharlynn Trout

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DATED: January 28, 2010

SCOTT J. STILMAN By: /s/Scott J. Stillman SCOTT J. STILLMAN Attorney for claimant JPMorgan Chase Bank, N.A., an acquirer of certain assets and liabilities of Washington Mutual Bank from the FDIC acting as receiver

ORDER Good cause having been shown, the Status (Pretrial Scheduling) Conference scheduled for March 1, 2010, is continued to June 14, 2010, at 9:00 a.m. The parties shall submit a joint

scheduling report fourteen days prior to the hearing. IT IS SO ORDERED. Dated: February 16, 2010

GARLAND E. BURRELL, JR. United States District Judge

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