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 34

ORDER lifting stay signed by District Judge Troy L. Nunley on 4/23/13. (Kaminski, H)

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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-TLN-EFB
NOTICE OF CONCLUSION OF
RELATED CRIMINAL MATTER AND
REQUEST TO LIFT STAY AND SET
A STATUS (PRETRIAL
SCHEDULING) CONFERENCE;
ORDER THEREON

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 and claimants Sam Luigi Toccoli, Lisa Toccoli Stenard and
Albert Toccoli, by and through their respective counsel, hereby advise the Court that a
stay is no longer pertinent in this matter. As described more fully in the Order Staying
the Case entered on January 31, 2013 (ECF No. 31), this civil in rem forfeiture case
has been stayed pending the resolution of the criminal case against Brandon Conley,
United States v. Brandon Conley, 2:12-CR-00077-JAM, who had been charged with
federal crimes relating to marijuana cultivation at the defendant property.

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Request to Lift Stay and Set a Status
Conference; Order Thereon

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The criminal case against Conley has concluded, therefore, the reasons

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underlying the earlier stay are no longer present. Thus, it would be appropriate for the

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stay to expire, and not be renewed. The parties suggest the Court set this matter for a

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Status/Scheduling Conference.

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Dated: 4/4/13

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

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Dated: 4/2/13

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

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IT IS SO ORDERED.
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Dated: April 23, 2013
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Troy L. Nunley
United States District Judge

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Request to Lift Stay and Set a Status
Conference; Order Thereon