United States of America v. Approximately $7,081.00 in U.S. Currency et al

Filing 24

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr. on 05/17/11 ORDERING that the Initial Scheduling Conference is CONTINUED to 12/12/11 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr. (Benson, A.)

1

4

BENJAMIN B. WAGNER
United States Attorney
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]

5

Attorneys for the United States

2
3

6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

UNITED STATES OF AMERICA,

12
13
14

Plaintiff,
v.
APPROXIMATELY $7,081.00 IN U.S.
CURRENCY,

15
16

2006 HONDA CRF450R MOTORCYCLE, VIN:
JH2PE05336M413204, CALIFORNIA
LICENSE NUMBER: 83C47Y,

17
18

2004 HONDA CRF250X MOTORCYCLE, VIN:
JH2ME11184K000863, CALIFORNIA
LICENSE NUMBER: Z26N82,

19
20
21
22

2006 YAMAHA TT-R230 MOTORCYCLE,
VIN: 9C6CGI9Y560013660,
CALIFORNIA LICENSE NUMBER:
14E21L, and
1984 CASE 580E BACKHOE WITH
SCRAPER BUCKET, VIN: 17033151.

23
24

Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

2:10-CV-00520-GEB-DAD
STIPULATION FOR STAY OF
FURTHER PROCEEDINGS AND
ORDER [PROPOSED]

DATE: June 13, 2011
TIME: 9:00 a.m.
COURTROOM: #10, 13TH fl.

25
26

Plaintiff United States of America and claimant Jonathan

27

Todd Farrell (hereafter “claimant”) stipulate that a stay is

28

necessary in the above-entitled action, and request that the

1

Stipulation for Stay of Further
Proceedings and Order

1

Court enter an order staying all further proceedings pending the

2

outcome of a related criminal case now pending in this Court

3

(United States v. Jonathan Todd Farrell, 2:09-CR-00426-GEB).

4

next status conference in the criminal case is scheduled for June

5

24, 2011.

6

1.

The

This stipulation is based on the following:
Pursuant to 18 U.S.C. §§ 981(g)(1), (g)(2) and 21

7

U.S.C. § 881(i) the parties suggest that a stay of further

8

proceedings in this case is necessary.

9

contends that the defendant currency is the proceeds of drug

The United States

10

trafficking, and that the defendant vehicles were used to

11

facilitate the cultivation of marijuana, and are therefore

12

forfeitable to the United States.

13

depose the claimant about the claim he filed in this case and the

14

facts surrounding his acquisition of the currency, and his use of

15

the vehicles.

16

about the events that led to the filing of an information against

17

him for manufacturing marijuana and possession of a firearm by a

18

felon.

19

difficult position of either invoking his Fifth Amendment right

20

against self-incrimination and losing the ability to protect his

21

interest in the defendant property, or waiving his Fifth

22

Amendment rights and submitting to a deposition and potentially

23

incriminating himself in the pending criminal matter.

24

claimant invokes his Fifth Amendment rights, the United States

25

will be deprived of the ability to explore the factual basis for

26

the claim he filed in this action and the defenses raised in his

27

Answer.

28

2.

The United States intends to

The United States will also question claimant

If discovery proceeds, claimant would be placed in the

If

In addition, if this case is not stayed claimant will

2

Stipulation for Stay of Further
Proceedings and Order

1

attempt to depose law enforcement officers who were involved in

2

the execution of the search warrants at the claimant’s residence

3

and other locations where marijuana plants and growing equipment

4

was found.

5

adversely affect the ability of the federal authorities to

6

conduct its related criminal prosecution.

7

3.

Allowing depositions of these officers would

Accordingly, the parties contend that proceeding with

8

this action at this time has potential adverse affects on the

9

prosecution of the related criminal case and/or upon claimant’s

10

ability to prove his claim to the property and to contest the

11

United State's allegations that the property is forfeitable.

12

these reasons, the parties request that this matter be stayed for

13

a period of six months.

14

Court whether a further stay is necessary.

For

At that time the parties will advise the

15
DATED: 5/17/11

BENJAMIN B. WAGNER
United States Attorney

16
17
By:
18

/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney

19
20
21

DATED: 5-16-11

/s/ Zenia Gilg
ZENIA GILG
Attorney for claimant
Jonathan Todd Farrell
(Original signature retained
by attorney)

22
23
24
25
26
27
28

ORDER
Good cause having been shown, the Status (Pretrial
Scheduling) Conference now scheduled for June 13, 2011, is

3

Stipulation for Stay of Further
Proceedings and Order

1

///

2

continued to December 12, 2011,, at 9:00 a.m.

3

submit a joint status report fourteen days prior to the hearing.

4
5

The parties shall

IT IS SO ORDERED.
Dated:

May 17, 2011

6
7
8

GARLAND E. BURRELL, JR.
United States District Judge

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

4

Stipulation for Stay of Further
Proceedings and Order