USA v. Real property located at 9445 Fruitridge Road, Sacramento, California, Sacramento County, APN Nos: 063-0060-045 and 063-0060-046

Filing 32

STIPULATION and ORDER signed by Judge John A. Mendez on 10/29/13 ORDERING that this matter is STAYED pursuant to 18 U.S.C. § 981(g)(1), 981(g)(2), and 21 U.S.C. § 881(i) until 3/31/14. (Manzer, C)

BENJAMIN B. WAGNER
United States Attorney
2 KEVIN C. KHASIGIAN
Assistant U.S. Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
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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.
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,

2:11-CV-01902-JAM-DAD
REQUEST FOR EXTENSION OF STAY OF
FURTHER PROCEEDINGS AND
PROPOSED ORDER

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

Claimants.

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The United States of America and David Johns, Mary Johns, and Major Amos

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Nilson and Lucy H. Nilson, Trustees of the Nilson Family Revocable Trust (hereafter

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referred to collectively as "claimants") submit the following Request for Extension of Stay

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of Further Proceedings and Proposed Order.

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This matter was previously stayed on September 15, 2011, November 28, 2011,

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February 1, 2012, May 1, 2012, August 1, 2012, November 1, 2012, January 30, 2013,

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April 30, 2013 and July 30, 2013 based on the on going criminal investigation into

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marijuana cultivation at 9445 Fruitridge Road, Sacramento, California (hereafter

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"defendant property"). To date, several individuals have been charged with federal
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Stipulation and Order to Continue Hearing Date

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criminal crimes related to marijuana cultivation at the defendant property, Case Nos. 2:11

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CR 00275 JAM and 2:11 CR 00276 JAM; but neither David Johns nor Mary Johns, the

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record owners of the defendant property, have been charged with any criminal offense by

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state, local, or federal authorities.
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Each of the claimants has filed a claim to the defendant property. Claimants

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David Johns, Mary Johns, Major Amos Nilson, and Lucy H. Nilson have not yet filed their

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Answers and will not be required to do so until the stay contemplated by this stipulation

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expires.
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The stay is requested pursuant to 18 U.S.C. § 981(g)(1), 981(g)(2), and 21

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U.S.C. § 881(i). The United States contends that the defendant property was used to

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facilitate the cultivation of marijuana.
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It is the United States’ position that the statute of limitations has not expired

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on potential criminal charges relating to the marijuana grow at the defendant property.

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Nevertheless, the United States intends to depose claimants David and Mary Johns

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regarding their ownership of the defendant property, as well as their knowledge and

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participation in large scale marijuana cultivation, including the marijuana grow at the

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defendant property. If discovery proceeds at this time, claimants will be placed in the

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difficult position of either invoking their Fifth Amendment rights against self

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incrimination and losing the ability to pursue their claims to the defendant property, or

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waiving their Fifth Amendment rights and submitting to a deposition and potentially

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incriminating themselves. If they invoke their Fifth Amendment rights, the United States

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will be deprived of the ability to explore the factual basis for the claims they filed with this

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court.

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In addition, claimants intend to depose, among others, the agents involved

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with this investigation, including but not limited to the agents with the Drug Enforcement

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Administration and the Internal Revenue Service. Allowing depositions of the law

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enforcement officers at this time would adversely affect the ability of the federal

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authorities to investigate the alleged underlying criminal conduct.
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Stipulation and Order to Continue Hearing Date

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The parties recognize that proceeding with these actions at this time has

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potential adverse effects on the investigation of the underlying criminal conduct and/or

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upon the claimants' ability to prove their claim to the property and to assert any defenses

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to forfeiture. For these reasons, the parties jointly request that the matter be stayed until

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March 31, 2014, in accordance with the terms of this stipulation. At that time the parties

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will advise the court of the status of the criminal investigation, if any, and will advise the

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court whether a further stay is necessary.

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Dated: 10/29/13

BENJAMIN B. WAGNER
United States Attorney

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By:

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

Dated: 10/29/13

/s/ Brenda Grantland
BRENDA GRANTLAND
Attorney for claimants
David Johns and Mary Johns

Dated: 10/29/13

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/s/ Douglas A. MacDonald
DOUGLAS A. MACDONALD
Attorney for claimants Major
Amos Nilson and Lucy H. Nilson

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(Signatures approved by email)

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ORDER
For the reasons set forth above, this matter is stayed pursuant to 18 U.S.C. §
981(g)(1), 981(g)(2), and 21 U.S.C. § 881(i) until March 31, 2014. On or before March 31,
2014, the parties will advise the court whether a further stay is necessary.
IT IS SO ORDERED.
Dated: October 29, 2013

/s/ John A. Mendez
JOHN A. MENDEZ
United States District Judge

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Stipulation and Order to Continue Hearing Date