United States of America v. Real Property Located at 22 Nelsier Place, Oroville, California

Filing 38

STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 11/17/09 ORDERING this matter is STAYED until 03/01/10; The parties will advise the court at least 10 days prior to 03/01/10 whether a further stay is necessary. (Benson, 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 22 NELSIER PLACE, OROVILLE, CALIFORNIA, BUTTE COUNTY, APN: 078-040-022, (FORMERLY APN: 036-291-074) INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, Defendant.

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2:08-cv-02326 LKK/GGH STIPULATION TO EXTEND STAY OF FURTHER PROCEEDINGS AND ORDER THEREON

DATE: N/A TIME: N/A COURTROOM:

Plaintiff United States of America, claimant Rebecca Gayle Powell, and claimants/lienholder John and Yvonne Stanton, and claimant/judgment creditor Ford Motor Company, request that the stay entered in the case on June 26, 2009, be extended to March 1, 2010. 1. This request is based on the following: The United States contends that the defendant real

property was used to facilitate a violation of federal drug laws (cultivation of marijuana) and is therefore forfeitable to the United States. The United States intends to depose Jess R. 1 STIPULATION TO EXTEND STAY OF FURTHER PROCEEDINGS AND ORDER THEREON (PROPOSED)

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Brasier (who has filed a claim in the related case, U.S. v. 57 Nelsier Place, 2:08-cv-0236 LKK-GGH), about the claim he filed in that case and the facts surrounding the cultivation of marijuana plants at 22 and 57 Nelsier Place. Plaintiff also intends to

depose Jess V. Brasier, the defendant in two pending criminal actions1, United States v. Jess Vernon Brasier and Dean Teskey, 2:08-cr-0453 LKK, and United States v. Jess Vernon Brasier, et al., 2:08-cr-518 LKK. Jess V. Brasier and Dean Teskey have pled guilty in the above criminal cases. Teskey is currently scheduled to be Brasier is currently scheduled In his plea agreement,

sentenced on December 22, 2009.

to be sentenced on January 20, 2010.

Brasier admitted that federal agents found over 230 marijuana plants growing at 57 Nelsier Place2; that over 90 marijuana plants were found growing at 22 Nelsier Place; and that over 70 marijuana plants were found growing at 2091 Debbi Ann Court.3 addition he admitted that he "controlled all three of these properties" on the date of the search. If discovery proceeds before Brasier and Teskey are sentenced, they will, undoubtedly, invoke their Fifth Amendment rights against self-incrimination and the United States will be deprived of the ability to explore the factual basis for this In

At this point plaintiff believes Jess R. Brasier is the son of defendant Jess V. Brasier. This is the defendant property in U.S. v. 57 Nelsier Place, 2:08-cv-2309 LKK-GGH. The United States did not file a forfeiture action against this property. 2 STIPULATION TO EXTEND STAY OF FURTHER PROCEEDINGS AND ORDER THEREON (PROPOSED)
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forfeiture and to determine whether claimant Rebecca Gayle Powell had any knowledge of, or participation in, the criminal activity. In addition, all claimants intend to depose law enforcement officers who were involved in the investigation that led to the search at the defendant property. Allowing depositions of these

officers would adversely affect the ability of the United States to conduct its related criminal investigation. Accordingly, the parties contend that proceeding with this action at this time has potential adverse affects on the investigation and possible 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. The United States will be making a

similar request in the related cases, (U.S. v. 2007 Yamaha Rhino, 2:09-cv-00684 LKK-GGH and U.S. v. 57 Nelsier Place, 2:08-cv-2309 LKK-GGH). For these reasons, the parties request that this At that time the parties

matter be stayed until March 1, 2010.

will advise the Court whether a further stay is necessary.

DATED: November 16, 2009

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

DATED: November 16, 2009

/s/ John H. Feiner JOHN H. FEINER Attorney for claimant Rebecca Gayle Powell

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STIPULATION TO EXTEND STAY OF FURTHER PROCEEDINGS AND ORDER THEREON (PROPOSED)

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DATED: November 16, 2009

/s/ Frederick H. Schill FREDERICK H. SCHILL Attorney for claimants John and Yvonne Stanton NELSON & KENNARD

DATED: November 16, 2009

By:

/s/ Robert S. Kennard ROBERT S. KENNARD Attorneys for claimant Ford Motor Credit Company

ORDER For the reasons set forth above, this matter is stayed pursuant to 18 U.S.C. §§ 981(g)(1) and 981(g)(2) until March 1, 2010. The parties will advise the court at least 10 days prior

to March 1, 2010, whether a further stay is necessary. IT IS SO ORDERED. Dated: November 17, 2009.

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STIPULATION TO EXTEND STAY OF FURTHER PROCEEDINGS AND ORDER THEREON (PROPOSED)