USA v. Approximately $133,803.53 in U.S. Currency seized from Washington Mutual Bank et al

Filing 68

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 10/11/12 ORDERING this action be stayed due to the pending related criminal prosecution; All presently scheduled court dates be vacated; and, The parties are to promptly notify the Court upon resolution of the pending criminal prosecution in the District Court. Case Stayed. (Becknal, R)

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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,
Plaintiff,

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v.
APPROXIMATELY $133,803.53 IN U.S.
CURRENCY SEIZED FROM
WASHINGTON MUTUAL BANK, N.A.
ACCOUNT # 4420842802, HELD IN
THE NAME OF ADVANTAGE
FINANCIAL GROUP HOLDINGS
MANAGEMENT, LLC;
APPROXIMATELY $328,495.75 IN U.S.
CURRENCY SEIZED FROM
WASHINGTON MUTUAL BANK, N.A.,
ACCOUNT # 4412174338, HELD IN
THE NAME OF LOOMIS WEALTH
SOLUTIONS, LLC,
Defendants._________

) 2:09-CV-00461-GEB-EFB
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) STIPULATION TO STAY CIVIL
) PROCEEDINGS
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IT IS HEREBY STIPULATED between the United States of America and sole
Claimant Flagstar Bank, by and through their respective counsel, that a stay is necessary
in the above-entitled action and request the Court enter an order staying proceedings
pending resolution in the District Court of the on-going criminal prosecution United States
v. Loomis et al, 2:12:-CR-00315-KJM.

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Stipulation To Stay of Civil Proceedings

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

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contends that the defendant assets are traceable to proceeds of, involved in, or facilitated

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the violations alleged in the Criminal Indictment (See 2:12-CR-00315-KJM, ECF No. 1).
A stay is appropriate and warranted, and the parties recognize that conducting

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discovery in this case could adversely affect the United States’ ability to effectively pursue

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the related criminal prosecution. For this reason, the parties jointly request that this

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matter be stayed pending resolution of the related criminal prosecution in the District

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Court.

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

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1.

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

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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 criminal

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prosecution in the District Court.

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Respectfully submitted,

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Dated: October 10, 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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///

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///

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Stipulation To Stay of Civil Proceedings

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Dated: October 10, 2012

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/s/ Janet Sherman________
JANET SHERMAN
Attorneys for Claimant
Flagstar Bank

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IT IS SO ORDERED.

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Dated: 10/11/12
______________________________
GARLAND E. BURRELL, JR
United States District Court Judge

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Stipulation To Stay of Civil Proceedings