United States of America v. Real property located at 1251 Pleasant Grove Road, Rio Oso, California

Filing 22

STIPULATION and ORDER signed by Judge John A. Mendez on 5/1/12 ORDERING that this matter is STAYED pursuant to to 18 U.S.C. §§ 981(g)(1), 981(g)(2), and 21 U.S.C. § 881(i) until 9/1/12. On or before 9/1/12, the parties will advise the court whether a further stay is necessary. (Mena-Sanchez, L)

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BENJAMIN B. WAGNER
United States Attorney
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
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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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Plaintiff,

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v.
REAL PROPERTY LOCATED AT 1251
PLEASANT GROVE ROAD, RIO OSO,
CALIFORNIA, SUTTER COUNTY,
APN: 28-140-015 INCLUDING ALL
APPURTENANCES AND
IMPROVEMENTS THERETO,

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Defendant.
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2:11-CV-02038-JAM-DAD

STIPULATION TO STAY
FURTHER PROCEEDINGS
AND ORDER

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The United States of America and claimants River City Bank, Thomas W.

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Jopson, and David E. Jopson, by and through their respective counsel, hereby

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stipulate that a stay is necessary in the above-entitled action, and request that the

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Court enter an order staying further proceedings until September 1, 2012 pending

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the outcome of a related criminal case against claimants Thomas W. Jopson and

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David E. Jopson, Case No. 2:11-CR-00275-JAM.

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1.

On August 19, 2011, River City Bank filed a claim and answer in this

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action based on Promissory Note secured by a Deed of Trust, executed on July 12,

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2005.
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Stipulation to Stay Further Proceedings

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2.

The record owners of the defendant property are David E. Jopson,

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Sandra Lee Jopson, Thomas W. Jopson, and Margaret S. Jopson. On October 4,

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2011, David E. Jopson filed a claim and answer in this action. On October 14, 2011,

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Thomas W. Jopson filed a claim and answer in this action.1

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3.

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

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21 U.S.C. § 881(i). The United States contends that the defendant property is

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subject to forfeiture to the United States pursuant to 21 U.S.C. § 881(a)(7) because

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it was used and intended to be used to commit or facilitate a violation of 21 U.S.C.

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§§ 841 et seq., specifically, the cultivation of marijuana.

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4.

The United States intends to depose claimants David E. Jopson and

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Thomas W. Jopson regarding their claims to the defendant property, the facts

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surrounding the cultivation of marijuana plants on this property, and the financial

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transactions that facilitated the marijuana business. If discovery proceeds at this

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time, claimants David E. Jopson and Thomas W. Jopson 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 which could interfere with their ability to pursue the claims to the

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defendant property, or waiving their Fifth Amendment right and submitting to a

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deposition and potentially incriminating themselves. If either individual invokes

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their Fifth Amendment right, the United States will be deprived of the ability to

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explore the factual basis for the claims they filed with this court.

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5.

In addition, claimants David E. Jopson and Thomas W. Jopson intend

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to depose the law enforcement agents involved in this investigation. Allowing

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depositions of the law enforcement agents at this time would adversely affect the

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ability of federal authorities to investigate the underlying criminal conduct.

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6.

The parties recognize that proceeding with this action at this time has

potential adverse affects on the investigation of the underlying criminal conduct

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The Clerk entered a Certificate of Entry of Default against Margaret Jopson
and Sandra Jopson on October 3, 2011. Doc. 13.

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Stipulation to Stay Further Proceedings

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and/or upon claimants David E. Jopson’s and/or Thomas W. Jopson’s ability to

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prove their claims to the defendant property and assert any defenses to forfeiture.

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For these reasons, the parties jointly request that this matter be stayed until

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September 1, 2012. At that time the parties will advise the court of the status of

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the criminal case and will advise the court whether a further stay is necessary.

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Dated: 4/30/12

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

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Dated: 4-26-12

/s/ Stephen H. Johanson
STEPHEN H. JOHANSON
Attorney for Claimant River City Bank
(Signature retained by attorney)

Dated: 4/29/12

/s/ William J. Portanova
WILLIAM J. PORTANOVA
Attorney for Claimant Thomas W. Jopson

Dated: 4/26/12

/s/ John Richard Manning
JOHN RICHARD MANNING
Attorney for Claimant David E. Jopson

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(Authorized by email)
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ORDER

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For the reasons set forth above, this matter is stayed pursuant to 18 U.S.C.

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§§ 981(g)(1), 981(g)(2), and 21 U.S.C. § 881(i) until September 1, 2012. On or before

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September 1, 2012, the parties will advise the court whether a further stay is

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necessary.

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IT IS SO ORDERED.
Dated: May 1, 2012

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

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Stipulation to Stay Further Proceedings