USA v. Real property located at 9445 Fruitridge Road, Sacramento, California, Sacramento County, APN Nos: 063-0060-045 and 063-0060-046
Filing
22
STIPULATION and ORDER 21 for extension of stay signed by Judge John A. Mendez on 7/31/2012. This is STAYED until 11/1/2012. On or before 11/1/2012, parties will advise Court whether further stay is necessary. (Marciel, M)
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: (916)554-2700
5
Attorneys for the United States
2
3
6
7
IN THE UNITED STATES DISTRICT COURT
8
FOR THE EASTERN DISTRICT OF CALIFORNIA
9
10
UNITED STATES OF AMERICA,
11
Plaintiff,
12
v.
13
14
15
16
REAL PROPERTY LOCATED AT 9445
FRUITRIDGE ROAD, SACRAMENTO,
CALIFORNIA, SACRAMENTO COUNTY,
APN NOS: 063-0060-045 AND
063-0060-046 INCLUDING ALL
APPURTENANCES AND
IMPROVEMENTS THERETO,
17
Defendant.
18
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
2:11-CV-01902-JAM-DAD
REQUEST FOR EXTENSION
OF STAY OF FURTHER
PROCEEDINGS AND
ORDER
DATE: N/A
TIME: N/A
COURTROOM: N/A
19
The United States of America and David Johns, Mary Johns, and Major
20
Amos Nilson and Lucy H. Nilson, Trustees of the Nilson Family Revocable Trust
21
(hereafter referred to collectively as "claimants") submit the following Request for
22
Extension of Stay of Further Proceedings and Proposed Order.
23
This matter was previously stayed on September 15, 2011 November 28,
24
2011, February 1, 2012, and May 1, 2012, based on the on-going criminal
25
investigation into marijuana cultivation at 9445 Fruitridge Road, Sacramento,
26
California (hereafter "defendant property"). To date, several individuals have been
27
charged with federal criminal crimes related to marijuana cultivation at the
28
1
Request for Extension of Stay of Further
Proceedings and Proposed Order
1
defendant property, Case Nos. 2:11-CR-00275-JAM and 2:11-CR-00276-JAM; but
2
neither David Johns nor Mary Johns, the record owners of the defendant property,
3
have been charged with any criminal offense by state, local, or federal authorities.
4
1.
Each of the claimants has filed a claim to the defendant property.
5
Claimants David Johns, Mary Johns, Major Amos Nilson, and Lucy H. Nilson have
6
not yet filed their Answers and will not be required to do so until the stay
7
contemplated by this stipulation expires.
8
9
10
11
2.
The stay is requested pursuant to 18 U.S.C. §§ 981(g)(1), 981(g)(2), and
21 U.S.C. § 881(i). The United States contends that the defendant property was
used to facilitate the cultivation of marijuana.
3.
It is the United States’ position that the statute of limitations has not
12
expired on potential criminal charges relating to the marijuana grow at the
13
defendant property. Nevertheless, the United States intends to depose claimants
14
David and Mary Johns regarding their ownership of the defendant property, as well
15
as their knowledge and participation in large scale marijuana cultivation, including
16
the marijuana grow at the defendant property. If discovery proceeds at this time,
17
claimants will be placed in the difficult position of either invoking their Fifth
18
Amendment rights against self-incrimination and losing the ability to pursue their
19
claims to the defendant property, or waiving their Fifth Amendment rights and
20
submitting to a deposition and potentially incriminating themselves. If they invoke
21
their Fifth Amendment rights, the United States will be deprived of the ability to
22
explore the factual basis for the claims they filed with this court.
23
4.
In addition, claimants intend to depose, among others, the agents
24
involved with this investigation, including but not limited to the agents with the
25
Drug Enforcement Administration and the Internal Revenue Service. Allowing
26
depositions of the law enforcement officers at this time would adversely affect the
27
ability of the federal authorities to investigate the alleged underlying criminal
28
conduct.
2
Request for Extension of Stay of Further
Proceedings and Proposed Order
1
5.
The parties recognize that proceeding with these actions at this time
2
has potential adverse effects on the investigation of the underlying criminal conduct
3
and/or upon the claimants' ability to prove their claim to the property and to assert
4
any defenses to forfeiture. For these reasons, the parties jointly request that the
5
matter be stayed until November 1, 2012, in accordance with the terms of this
6
stipulation. At that time the parties will advise the court of the status of the
7
criminal investigation, if any, and will advise the court whether a further stay is
8
necessary.
9
Dated: 7/31/12
BENJAMIN B. WAGNER
United States Attorney
10
11
By:
12
/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
13
14
Dated: 7-30-2012
/s/ Brenda Grantland
BRENDA GRANTLAND
Attorney for claimants
David Johns and Mary Johns
(Signature retained by attorney)
Dated: 7/31/12
/s/ Douglas A. MacDonald
DOUGLAS A. MACDONALD
Attorney for claimants Major
Amos Nilson and Lucy H. Nilson
(Authorized by email)
15
16
17
18
19
20
ORDER
21
For the reasons set forth above, this matter is stayed pursuant to 18 U.S.C.
22
§§ 981(g)(1), 981(g)(2), and 21 U.S.C. § 881(i) until November 1, 2012. On or before
23
November 1, 2012, the parties will advise the court whether a further stay is
24
necessary.
25
IT IS SO ORDERED.
26
Dated: 7/31/2012
/s/ John A. Mendez_______________
JOHN A. MENDEZ
United States District Court Judge
27
28
3
Request for Extension of Stay of Further
Proceedings and Proposed Order
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?