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

Filing 36

ORDER signed by Judge John A. Mendez on 9/8/14: This matter is stayed until March 30, 2015. On or before March 30, 2015, the parties shall advise the court whether a further stay is necessary. (Kaminski, H)

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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: (916) 554-2700 1 5 Attorneys for the United States 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, Plaintiff, 12 13 14 15 16 17 18 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 ORDER DATE: N/A TIME: N/A COURTROOM: N/A Defendant. 19 20 The United States of America and David Johns, Mary Johns, and Major Amos Nilson 21 and Lucy H. Nilson, Trustees of the Nilson Family Revocable Trust (hereafter referred to 22 collectively as "claimants") submit the following Request for Extension of Stay of Further 23 Proceedings and Proposed Order. 24 This matter was previously stayed on September 15, 2011, November 28, 2011, 25 February 1, 2012, May 1, 2012, August 1, 2012, November 1, 2012, January 30, 2013, April 26 30, 2013, July 30, 2013, October 30, 2013, and March 27, 2014 based on the on-going 27 criminal investigation into marijuana cultivation at 9445 Fruitridge Road, Sacramento, 28 California (hereafter "defendant property"). To date, several individuals have been charged 1 Request for Extension of Stay of Further Proceedings and Order 1 with federal criminal crimes related to marijuana cultivation at the defendant property, 2 Case Nos. 2:11-CR-00275-JAM and 2:11-CR-00276-JAM; but neither David Johns nor Mary 3 Johns, the record owners of the defendant property, have been charged with any criminal 4 offense by state, local, or federal authorities. 1. 5 Each of the claimants has filed a claim to the defendant property. Claimants 6 David Johns, Mary Johns, Major Amos Nilson, and Lucy H. Nilson have not yet filed their 7 Answers and will not be required to do so until the stay contemplated by this stipulation 8 expires. 2. 9 The stay is requested pursuant to 18 U.S.C. § 981(g)(1), 981(g)(2), and 21 10 U.S.C. § 881(i). The United States contends that the defendant property was used to 11 facilitate the cultivation of marijuana. 3. 12 It is the United States’ position that the statute of limitations has not expired 13 on potential criminal charges relating to the marijuana grow at the defendant property. 14 Nevertheless, the United States intends to depose claimants David and Mary Johns 15 regarding their ownership of the defendant property, as well as their knowledge and 16 participation in large scale marijuana cultivation, including the marijuana grow at the 17 defendant property. If discovery proceeds at this time, claimants will be placed in the 18 difficult position of either invoking their Fifth Amendment rights against self- 19 incrimination and losing the ability to pursue their claims to the defendant property, or 20 waiving their Fifth Amendment rights and submitting to a deposition and potentially 21 incriminating themselves. If they invoke their Fifth Amendment rights, the United States 22 will be deprived of the ability to explore the factual basis for the claims they filed with this 23 court. 24 4. In addition, claimants intend to depose, among others, the agents involved 25 with this investigation, including but not limited to the agents with the Drug Enforcement 26 Administration and the Internal Revenue Service. Allowing depositions of the law 27 enforcement officers at this time would adversely affect the ability of the federal authorities 28 to investigate the alleged underlying criminal conduct. 2 Request for Extension of Stay of Further Proceedings and Order 1 2 5. The parties recognize that proceeding with these actions at this time has 3 potential adverse effects on the investigation of the underlying criminal conduct and/or 4 upon the claimants' ability to prove their claim to the property and to assert any defenses 5 to forfeiture. For these reasons, the parties jointly request that the matter be stayed until 6 March 30, 2015, in accordance with the terms of this stipulation. At that time the parties 7 will advise the court of the status of the criminal investigation, if any, and will advise the 8 court whether a further stay is necessary. 9 Dated: 9/4/14 BENJAMIN B. WAGNER United States Attorney 10 By: 11 12 /s/ Kevin C. Khasigian KEVIN C. KHASIGIAN Assistant U.S. Attorney 13 14 Dated: 9/3/14 /s/ Brenda Grantland BRENDA GRANTLAND Attorney for claimants David Johns and Mary Johns Dated: 9/3/14 /s/ Douglas A. MacDonald DOUGLAS A. MACDONALD Attorney for claimants Major Amos Nilson and Lucy H. Nilson 15 16 17 18 19 (Signatures authorized by email) 20 ORDER 21 22 For the reasons set forth above, this matter is stayed pursuant to 18 U.S.C. § 23 981(g)(1), 981(g)(2), and 21 U.S.C. § 881(i) until March 30, 2015. On or before March 30, 24 2015, the parties will advise the court whether a further stay is necessary. 25 26 27 IT IS SO ORDERED. Dated: 9/8/2014 /s/ John A. Mendez__________ JOHN A. MENDEZ United States District Judge 28 3 Request for Extension of Stay of Further Proceedings and Order

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