United States of America v. Real property located at 149 G Street, Lincoln, California, Placer County, APN: 008-266-015-000 et al

Filing 74

STIPULATION and ORDER 72 signed by Chief Judge Morrison C. England, Jr., on 11/21/12 ORDERING that 63 the Motion to Stay Forfeiture Proceedings, and 68 Defendant Mechanics Bank's Motion for Summary Judgment are CONTINUED to 1/24/2013 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England, Jr.. (Kastilahn, A)

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JEFFER MANGELS BUTLER & MITCHELL LLP
JOHN A. GRAHAM (Bar No. 71017), [e-mail]
ROBERT B. KAPLAN, P.C. (Bar No. 76950), [e-mail]
1900 Avenue of the Stars, Seventh Floor
Los Angeles, California 90067-4308
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Mechanics Bank

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA

CASE NO. 2:12-cv-00705-MCE-DAD

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Plaintiff,

STIPULATION AND REQUEST FOR
CONTINUANCE ON HEARINGS:

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v.
REAL PROPERTY LOCATED AT 149
G STREET, LINCOLN, CALIFORNIA,
PLACER COUNTY, APN: 008-266015-000, INCLUDING ALL
APPURTENANCES AND
IMPROVEMENTS THERETO;
REAL PROPERTY LOCATED AT 167
G STREET, LINCOLN, CALIFORNIA,
PLACER COUNTY, APN: 008-266016-000, INCLUDING ALL
APPURTENANCES AND
IMPROVEMENTS THERETO;
REAL PROPERTY LOCATED AT
1199 PACIFIC HIGHWAY, UNIT 406,
SAN DIEGO, CALIFORNIA, APN:
533-471-12-27, INCLUDING ALL
APPURTENANCES AND
IMPROVEMENTS THERETO;
REAL PROPERTY LOCATED AT
10940 FAIR OAKS BOULEVARD,
FAIR OAKS, CALIFORNIA,
SACRAMENTO COUNTY, APN: 2440344-013-0000, INCLUDING ALL
APPURTENANCES AND
IMPROVEMENTS THERETO;
REAL PROPERTY LOCATED AT
2143 OUTRIGGER DRIVE, EL

ON THE UNITED STATES’ MOTION
TO STAY FORFEITURE
ON MECHANICS BANK’S MOTION
FOR SUMMARY JUDGMENT
Eastern District Local Rule 230(f)]

Currently Scheduled Hearings:
Date: November 29, 2012
Time: 2:00 p.m.
Date: December 13, 2012
Time: 2:00 p.m.
Place: 501 “I” Street
Courtroom 7
Sacramento, California
Judge: Hon. Morrison C. England, Jr.

REQUEST TO CONTINUE HEARING OF MOTION
TO STAY PROCEEDINGS

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DORADO HILLS, CALIFORNIA, EL
DORADO COUNTY, APN: 110-61205-100, INCLUDING ALL
APPURTENANCES AND
IMPROVEMENTS THERETO;
REAL PROPERTY LOCATED AT
8928 VOLUNTEER LANE,
SACRAMENTO, CALIFORNIA,
SACRAMENTO COUNTY, APN: 0780450-026-0000, INCLUDING ALL
APPURTENANCES AND
IMPROVEMENTS THERETO;
REAL PROPERTY LOCATED AT 833
WEST SYCAMORE STREET,
WILLOWS, CALIFORNIA, GLENN
COUNTY, APN: 001-21-2-003-0,
INCLUDING ALL APPURTENANCES
AND IMPROVEMENTS THERETO;
REAL PROPERTY LOCATED AT
7447 ANTELOPE ROAD, CITRUS
HEIGHTS, CALIFORNIA,
SACRAMENTO COUNTY, APN: 2040202-014-0000, INCLUDING ALL
APPURTENANCES AND
IMPROVEMENTS THERETO;
REAL PROPERTY LOCATED AT
10293 ROCKINGHAM DRIVE,
RANCHO CORDOVA, CALIFORNIA,
SACRAMENTO COUNTY, APN: 0770050-044-0000, INCLUDING ALL
APPURTENANCES AND
IMPROVEMENTS THERETO;
REAL PROPERTY LOCATED AT 675
KULIKE ROAD, HAIKU, MAUI,
HAWAII, MAUI COUNTY, TAX MAP
KEY NO: (2) 2-8-04-072, INCLUDING
ALL APPURTENANCES AND
IMPROVEMENTS THERETO; and
REAL PROPERTY LOCATED AT 575
MENLO DRIVE, ROCKLIN,
CALIFORNIA, PLACER COUNTY,
APN: 017-283-004-000, INCLUDING
ALL APPURTENANCES AND
IMPROVEMENTS THERETO,
Defendants.

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REQUEST TO CONTINUE HEARING OF MOTION
TO STAY PROCEEDINGS

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TO: THE HONORABLE MORRISON C. ENGLAND, JR., UNITED STATES JUDGE FOR

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THE EASTERN DISTRICT OF CALIFORNIA, AND ALL CLAIMANTS AND THEIR

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COUNSEL OF RECORD:

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In accordance with Eastern District Local Rule 230(f), the Plaintiff, United States of

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America (the “Government”), and Claimant, Mechanics Bank (the “Bank”) hereby respectfully

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request that the Court continue the hearings currently set for November 29, 2012, at 2:00 p.m., on

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the Motion to Stay Forfeiture Proceedings Pursuant to 18 U.S.C. § 981(g)(1) (the “Stay Motion”)

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filed by the Government, and Mechanics Bank’s Motion for Summary Judgment currently set for

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hearing on December 13, 2012. The parties to this stipulation request that both hearings be set

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on January 24, 2012. The parties request this continuance based on the following reasons:

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The Bank opposes the Stay Motion and filed a timely opposition (the “Stay

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Opposition”) on November 15, 2012 (docket No. 71). Many of the arguments in the Stay

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Opposition overlap with the arguments in the Bank’s Motion for Summary Judgment (the

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“Summary Judgment Motion”) filed in the above-entitled case on November 14, 2012 (docket No.

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68). The Summary Judgment Motion is currently set for hearing on December 13, 2012 and it

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would be more efficient, saving resources of both the Court and the parties, to hear the Stay Motion

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in conjunction with the Summary Judgment Motion.

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The Bank’s two attorneys, who have handled the case from the very beginning,

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Robert B. Kaplan and John A. Graham, both have irreconcilable conflicts that prevent them from

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attending the hearing on November 29, 2012.

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Mr. Kaplan has prepaid airline tickets to fly to New York the morning of November

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before the Government filed its Stay Motion setting the hearing for November 29th. Additionally,

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Mr. Graham has a scheduled trial before the Honorable Charles Novack, United States Bankruptcy

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Judge for the Northern District of California, in San Jose, California on November 29th, which

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precludes his appearance on the currently set hearing on the Stay Motion. This trial/evidentiary

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hearing on the confirmation of a chapter 11 reorganization plan was scheduled by Judge Novack on

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29th to visit his 88-year-old mother. Mr. Kaplan arranged and prepaid his airfare for this trip well

August 30, 2012. Because the trial is on a contested chapter 11 reorganization plan, numerous
MECHANICS BANK’S OPPOSITION TO MOTION
TO STAY PROCEEDINGS

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attorneys, parties in interest, client representatives, and witnesses are scheduled to participate in the

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trial, and counsel is certain the trial cannot be rescheduled.

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There will be no prejudice to parties to this stipulation or any other claimant by

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allowing this continuance because the Stay Motion is based on 18 U.S.C. section 981(g)(1) which

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permits a stay of civil forfeiture actions, such as this case, when discovery would interfere with a

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related criminal investigation or prosecution. The Bank is not conducting any discovery in this case

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and no other party has filed an opposition to the Stay Motion. In fact, Bart Volen, the claimant-

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owner of the Defendant real properties and a criminal defendant in the related criminal proceeding,

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filed a Statement of Non-Opposition to the Stay Motion on November 15, 2012 (docket No. 70).

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With no pending discovery and all parties content not to conduct discovery in the near future, there

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is no immediate threat to the related criminal proceeding that demands the Court resolve the Stay

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Motion on the currently set hearing and no reason why the hearing cannot be continued for a mere

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two weeks.

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The Government has requested that the hearing be set later in January 2013 so as not
to interfere with certain holiday vacation plans.
Wherefore, the Government and the Bank request that the hearings be continued to
January 24, 2012.

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Dated: November 19, 2012

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JEFFER MANGELS BUTLER & MITCHELL LLP
ROBERT B. KAPLAN, P.C.
JOHN A. GRAHAM

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By: /s/ John A. Graham
JOHN A. GRAHAM
Attorneys for MECHANICS BANK

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Dated: November 19, 2012

BENJAMIN B. WAGNER
United States Attorney

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

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REQUEST TO CONTINUE HEARING OF MOTION
TO STAY PROCEEDINGS

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ORDER
ACCORDINGLY, IT IS HEREBY ORDERED that:

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Forfeiture Proceedings is CONTINUED to January 24, 2013; and

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The hearing currently set for November 29, 2012, at 2:00 p.m., on the Motion to Stay

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The hearing currently set for December 13, 2012, on Defendant Mechanics Bank’s

Motion for Summary Judgment is CONTINUED to January 24, 2013.

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IT IS SO ORDERED.

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Dated: November 21, 2012

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__________________________________
MORRISON C. ENGLAND, JR
CHIEF UNITED STATES DISTRICT JUDGE

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DEAC_Signature-END:

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REQUEST TO CONTINUE HEARING OF MOTION
TO STAY PROCEEDINGS