United States of America v. Real Property located at 1 Mile Up Hennessey Road, Burnt Ranch, California, APN: 008-430-02

Filing 34

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 09/08/10. Status Conference re-set for 3/28/2011 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. A joint status report addressing the issueslisted in the Courts July 16, 2009, Order Setting Status(Pretrial Scheduling) Conference shall be filed fourteen daysprior to the hearing. (Williams, D)

United States of America v. Real Property located at 1 Mile Up Henness...California, APN: 008-430-02

Doc. 34

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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 1 MILE ) UP HENNESSEY ROAD, BURNT RANCH, ) CALIFORNIA, TRINITY COUNTY, ) APN: 008-430-02, INCLUDING ) ALL APPURTENANCES AND ) IMPROVEMENTS THERETO, ) ) Defendant. ) )

2:09-cv-1940 GEB/KJM STIPULATION TO STAY FURTHER PROCEEDINGS AND ORDER THEREON [PROPOSED]

DATE: September 20, 2010 TIME: 9:00 a.m. COURTROOM: 10

The plaintiff United States of America and claimants Chase Home Finance LLC ("Chase") and Erlinda Pickle, individually and in her capacity as Conservator of the Estate of Thomas A. Pickle, submit the following stipulation requesting that this Court stay further proceedings in this case because a related criminal case is still pending in Trinity County against James and Thomas

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STIPULATION TO STAY FURTHER PROCEEDINGS AND ORDER (PROPOSED)

Dockets.Justia.com

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Pickle.1 Counsel for plaintiff spoke with Trinity County Deputy District Attorney Eric Heryford on September 2, 2010, who advised her that James Pickle's preliminary hearing is currently scheduled for October 2, 2010. Mr. Heryford also stated it is

unlikely that a trial date will be scheduled before January 1, 2011. This stipulation is based on the following: 1. Pursuant to 18 U.S.C. §§ 981(g)(1), (g)(2) and 21

U.S.C. § 881(i) the parties suggest that a stay of further proceedings in this case is necessary. The United States

contends that the defendant real property was used to cultivate, process, and store marijuana and is therefore forfeitable to the United States. The United States intends to depose claimant

Erlinda Pickle about the claim she filed in this case and the facts surrounding Thomas's (her husband's) and James Pickle's drug activity on the defendant property; the nature of the interest she claims in the defendant property 2; and her knowledge, if any, of the criminal activity on the property.

Plaintiff advised this Court in the Joint Status Report filed on May 11, 2010, that it intended to file a motion for default judgment against Thomas Pickle, James Pickle, and Terry J. Williams. As of May 11, 2010, only Chase had filed a claim and answer, and the clerk had entered defaults against Thomas and James Pickle and Terry Williams. However, on June 16, 2010, Erlinda Pickle filed a claim and answer on her own behalf, and on July 20, 2010, filed a claim and answer as the Conservator of Thomas Pickle's estate. Erlinda Pickle is Thomas' wife, although her name does not appear on title to the defendant property. Thomas Pickle has been missing since late 2009 and Erlinda Pickle has been appointed by the Trinity County as the Conservator. Thomas A. Pickle took title to the defendant property as "an unmarried man as his sole and separate property."
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STIPULATION TO STAY FURTHER PROCEEDINGS AND ORDER (PROPOSED)

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Plaintiff also intends to depose James Pickle. However, if discovery proceeds, James Pickle will undoubtedly invoke his Fifth Amendment right against selfincrimination while the state charges are still pending. If

James Pickle invokes his Fifth Amendment rights, the United States will be deprived of the testimony of an important witness to Thomas Pickle's criminal conduct, and possibly to claimant Erlinda Pickle's knowledge (or lack thereof) of that conduct. 2. In addition, if this case is not stayed claimant Pickle

will attempt to depose law enforcement officers who were involved in the execution of the search warrants at the defendant property. Allowing depositions of these officers would adversely

affect the ability of the Trinity County authorities to conduct its related criminal prosecution. 3. 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 claimant Erlinda Pickle's ability to prove her claim to the property and to contest the government's allegations that the property is forfeitable. For these reasons, the parties request that this At that time the

matter be stayed for a period of six months.

parties will advise the Court whether a further stay is necessary.

DATED: September 2,

2010 By:

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

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STIPULATION TO STAY FURTHER PROCEEDINGS AND ORDER (PROPOSED)

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DATED: September 2, 2010 By:

ROUTH CRABTREE OLSEN, P.S. /s/ Edward T. Weber (As authorized on 09/02/10) Edward T. Weber Attorneys for Chase Home Finance LLC RICHARD M. BARNETT /s/ Richard M. Barnett (As authorized on 09/02/10) RICHARD M. BARNETT Attorney for Erlinda Pickle, Individually and as the Conservator of the Estate of Thomas A. Pickle ORDER

3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 IT IS SO ORDERED. 20 21 22 23 24 25 26 27 28 Dated: September 8, 2010 DATED: September 2, 2010

For the reasons set forth above, the status conference now scheduled for September 20, 2010, is vacated and is continued to March 28, 2011. A joint status report addressing the issues

listed in the Court's July 16, 2009, Order Setting Status (Pretrial Scheduling) Conference shall be filed fourteen days prior to the hearing.

GARLAND E. BURRELL, JR. United States District Judge

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STIPULATION TO STAY FURTHER PROCEEDINGS AND ORDER (PROPOSED)