United States of America v. Real property located at 705 through 709 South California Street, Stockton, California, San Joaquin County, APN: 149-084-06

Filing 27

STIPULATION and ORDER 26 for Stay signed by Judge John A. Mendez on 11/5/2012. This matter is STAYED until 12/6/2012. On or before 12/6/2012, parties will advise Court whether further Stay is appropriate. (Marciel, M)

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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 FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Plaintiff,

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2:12-CV-00811-JAM-EFB
STIPULATION TO STAY FURTHER
PROCEEDINGS AND ORDER

v.

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REAL PROPERTY LOCATED AT 705
THROUGH 709 SOUTH CALIFORNIA
STREET, STOCKTON, CALIFORNIA,
SAN JOAQUIN COUNTY, APN: 149084-06, INCLUDING ALL
APPURTENANCES AND
IMPROVEMENTS THERETO,

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Defendant.

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The United States of America and claimants Sam Luigi Toccoli, Lisa Toccoli

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Stenard and Albert Toccoli, by and through their respective counsel, hereby stipulate

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that a stay is appropriate in the above-entitled action, and request that the Court enter

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an order staying further proceedings until December 6, 2012. The basis for the

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proposed stay is the related criminal action against two individuals charged with

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cultivating marijuana at the defendant property, United States v. Brandon Conley,

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2:12-CR-00077-JAM, and the ongoing criminal investigation into marijuana cultivation

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at the defendant property.

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1.

The Beverly J. Toccoli Marital Deduction Trust U/A/D 8/11/99 is record
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Stipulation to Stay Further Proceedings and Order

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owner of a one-half undivided seventh-eighths interest. The S.L. Toccoli Survivor

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Trust U/A/D 8/11/99 is the record owner of a one-half undivided seventh-eighths

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interest. Allyal Properties, a California General Partnership, is the record owner of an

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undivided one-eighth interest. Each of the claimants has filed a claim to the defendant

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property based on various interests connected to the above-identified trusts and/or

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business entities.

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2.

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).

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3.

To date, two individuals have been charged with federal criminal crimes

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related to marijuana cultivation at the defendant property, United States v. Brandon

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Conley, 2:12-CR-00077-JAM. (None of the claimants have been charged with any

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criminal offense by state, local, or federal authorities.) It is the United States' position

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that the statute of limitations has not expired on potential criminal charges relating to

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the marijuana grow at the defendant property. The United States intends to depose

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those charged with crimes connected to the marijuana grow at the defendant property

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regarding their knowledge and/or participation in the large scale marijuana cultivation

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and property ownership. If discovery proceeds at this time, these individuals, or some

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of them, will be placed in the difficult position of either invoking their Fifth

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Amendment rights against self-incrimination or waiving their Fifth Amendment rights

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and submitting to a deposition and potentially incriminating themselves (at least one

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individual prior to a criminal trial). If they invoke their Fifth Amendment rights, the

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United States will be deprived of the ability to explore the factual basis for the claims

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they filed with this court.

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4.

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

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

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Enforcement Administration and the Internal Revenue Service. Allowing depositions

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

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federal authorities to prepare for the criminal trial and/or further investigate the
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Stipulation to Stay Further Proceedings and Order

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alleged underlying criminal conduct.1
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The parties recognize that proceeding with these actions at this time

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could have potential adverse effects on the investigation of the underlying criminal

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conduct and/or upon the claimants' ability to prove their claim to the property and to

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assert any defenses to forfeiture. For these reasons, the parties jointly request that

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these matters be stayed until December 6, 2012, in accordance with the terms of this

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stipulation. At that time the parties will advise the court of the status of the criminal

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investigation and will advise the court whether a further stay is appropriate.2

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Dated: 11/2/12

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: 11/2/12

/s/ Kenneth C. Mennemeier, Jr.
KENNETH C. MENNEMEIER, JR.
Attorney for claimants
(Authorized by email)

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ORDER
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 December 6, 2012. On or before

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December 6, 2012, the parties will advise the court whether a further stay is

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appropriate.

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IT IS SO ORDERED.
Dated: 11/5/2012

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

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Claimants have issued written discovery to the United States concerning the marijuana
evidence used to support the forfeiture complaint. The United States has obtained an extension
until September 28, 2012. Any discovery obligations are stayed in light of this Stipulation. The
claimants reserve the right to summarily adjudicate the issues relative to their interest in the
defendant property once the stay has been lifted and discovery completed.
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The parties filed a joint status report in the case on July 25, 2012. ECF No. 14. The
parties will file an amended joint status report once the stay is lifted.

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Stipulation to Stay Further Proceedings and Order