United States of America v. Real Property located at 6340 Logan Street, Sacramento, California et al

Filing 98

ORDER signed by Chief District Judge Kimberly J. Mueller on 9/6/2021 STAYING this matter. The parties shall file a joint status report within 60 days or until the resolution of United States v. Leonard Yang, et al., 2:16-CR-00189 KJM, whichever comes first. (Huang, H)

Case 2:16-cv-02259-KJM-CKD Document 98 Filed 09/07/21 Page 1 of 3

4

PHILLIP A. TALBERT
Acting United States Attorney
KEVIN C. KHASIGIAN
Assistant U. S. Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]

5

Attorneys for the United States

1
2
3

6
7
8

IN THE UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

UNITED STATES OF AMERICA,

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2:16−CV−02259−KJM−CKD

Plaintiff,
v.

JOINT STATUS REPORT

REAL PROPERTY LOCATED AT 6340
LOGAN STREET, SACRAMENTO,
CALIFORNIA, SACRAMENTO COUNTY,
APN: 038-0251-017-0000, INCLUDING ALL
APPURTENANCES AND IMPROVEMENTS
THERETO,
REAL PROPERTY LOCATED AT 1735
ITASCA AVENUE, SACRAMENTO,
CALIFORNIA, SACRAMENTO COUNTY,
APN: 225-1080-022-0000, INCLUDING ALL
APPURTENANCES AND IMPROVEMENTS
THERETO,
REAL PROPERTY LOCATED AT 9501
JEFFCOTT ROAD, WILTON, CALIFORNIA,
SACRAMENTO COUNTY, APN: 136-0060060-0000, INCLUDING ALL
APPURTENANCES AND IMPROVEMENTS
THERETO,
REAL PROPERTY LOCATED AT 7918 and
7920 68TH AVENUE, SACRAMENTO,
CALIFORNIA, SACRAMENTO COUNTY,
APN: 051-0354-011-0000, INCLUDING ALL
APPURTENANCES AND IMPROVEMENTS
THERETO,
1

Joint Status Report

Case 2:16-cv-02259-KJM-CKD Document 98 Filed 09/07/21 Page 2 of 3

1
2
3
4
5
6
7
8

REAL PROPERTY LOCATED AT 6945
NOVA PARKWAY, SACRAMENTO,
CALIFORNIA, SACRAMENTO COUNTY,
APN: 042-0091-001-0000, INCLUDING ALL
APPURTENANCES AND IMPROVEMENTS
THERETO, and
REAL PROPERTY LOCATED AT 8982
ELDER CREEK ROAD, SACRAMENTO,
CALIFORNIA, SACRAMENTO COUNTY,
APN: 064-0033-031-0000, INCLUDING ALL
APPURTENANCES AND IMPROVEMENTS
THERETO,
Defendants.

9
10

The United States and claimants Leonard Yang, Chui Qiang Liu, Xiahua Ouyang and Megan

11 Liu, (“claimants”), submit the following Joint Status Report pursuant to the Court’s prior order in this
12 case. No other party has appeared in this action.
13

The parties previously requested, and this Court granted, a stay of further proceedings in this

14 matter in light of the ongoing companion criminal case, United States v. Leonard Yang, et al., Case No.
15 2:16-CR-00189 KJM. The parties hereby submit that the criminal case is still ongoing as Defendant
16 Yichao Chen is set for sentencing on October 18, 2021. Accordingly, as set forth in the original Joint
17 Status Report [ECF No. 32], the Court should stay further proceedings in this matter rather than fully
18 schedule this case at this time. As a further update for the Court, the parties have sold five of the
19 defendant properties pursuant to an interlocutory sales order entered in the case: defendants 6340
20 Logan, 1735 Itasca, 9501 Jeffcott, 7918/7950 68th and 8982 Elder Creek Road. Pursuant to those
21 orders, most of the claims filed by property owners and lienholders have been fully resolved.
22 Accordingly, those claimants who no longer have an interest in the properties have filed stipulations to
23 withdraw their claims. See e.g., Dkt. 59, 64, 66-69, 79. The sole remaining claim will remain stayed
24 until the outcome of the criminal case.
25

The United States continues to work through the details of the stipulation to sell the remaining

26 defendant property, 6945 Nova Parkway, and the United States believes the property will soon be on
27 the market for sale, likely after Yichao Chen’s sentencing. The United States anticipates the stay in the
28

2

Joint Status Report

Case 2:16-cv-02259-KJM-CKD Document 98 Filed 09/07/21 Page 3 of 3

1 civil case will be lifted at the conclusion of Yichao Chen’s sentencing.
The parties will file another joint status report within 60 days, or within seven days after the

2

3 criminal case resolves, whichever comes first.
4 Dated:

8/23/2021

PHILLIP A. TALBERT
Acting United States Attorney

5
6

By:

7
8
9

Dated: 8/23/2021

/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
/s/ Mark J. Reichel
MARK J. REICHEL
Attorney for claimant Megan Liu

10

(Signature approved by email)

11
12
13
14

ORDER

15

For the reasons set forth above, this matter is stayed pursuant to 18 U.S.C. §§ 981(g)(1),

16 981(g)(2) and 21 U.S.C. § 881(i). The parties shall file a joint status report within 60 days or until the
17 resolution of United States v. Leonard Yang, et al., 2:16-CR-00189 KJM, whichever comes first.
18

IT IS SO ORDERED.

19 DATED: September 6, 2021.
20
21
22
23
24
25
26
27
28

3

Joint Status Report