United States of America v. Real Property and Improvements Located at 15000 Briceland Thorn Road, Whitehorn, California, Humbolt County, APN 215-172-045 et al

Filing 56

ORDER GRANTING 55 Stipulation to Continue Case Management Conference. Case Management Statement due by 3/11/2011. Case Management Conference set for 3/18/2011 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge JEFFREY S. WHITE on 10/22/10. (jjoS, COURT STAFF) (Filed on 10/22/2010)

United States of America v. Real Property and Improvements L...Humbolt County, APN 215-172-045 et al

Doc. 56

Case3:08-cv-03080-JSW Document55

Filed10/21/10 Page1 of 2

1 2 3 4 5 6 7

MELINDA HAAG (CSBN 132612) United States Attorney J. DOUGLAS WILSON (DCBN 412811) Acting Chief, Criminal Division SUSAN B. GRAY (CSBN 100374) Assistant United States Attorney 450 Golden Gate Ave., Box 36055 San Francisco, CA 94102 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Plaintiff

8 9 10 11 UNITED STATES OF AMERICA 12 13 14 15 16 17 18 19 20 21 22 23 Plaintiff, United States of America and claimants, Fowler Family Trust and Robert 24 Butler, by and through their respective attorneys, respectfully submit this request to continue the 25 Case Management Conference. 26 This matter is currently set for a Case Management Conference on October 29, 2010. The 27 parties stipulate and request a continuance for the reason set forth below. 28 ) ) Plaintiff, ) ) v. ) ) 1. REAL PROPERTY AND ) IMPROVEMENTS LOCATED AT 15000 ) BRICELAND THORN ROAD, ) WHITETHORN, CALIFORNIA, et.al., ) ) ) Defendants. ) ) ) Fowler Family Trust, Robert Butler, ) ) Claimants. ) ____________________________________) No. C 08-3080 JSW STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE and (Proposed) ORDER CMC Date: October 29, 2010 Time: 1:30 p.m. Courtroom 11, 19th Floor UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

-1Dockets.Justia.com

Case3:08-cv-03080-JSW Document55

Filed10/21/10 Page2 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

The claimants to the remaining property in this action, 441 Par Avenue and 488 Eel River, (the Fowler Family Trust and Robert Butler) are still involved in settlement discussions with the United States. These discussions have been hampered by the outstanding criminal charges pending against individuals who were, with Mr. Butler and Ms. Fowler, alleged coowners of an alleged large rural marijuana grow site, and the ongoing criminal investigation. The next appearance in the criminal cases pending before Judge Breyer is November 10, 2010. Although, neither of the claimants in this action have been charged yet, the United States and the remaining claimants agree that a final settlement in this case would be unlikely before the criminal cases are concluded. Absent a continuance, the claimants will seek a stay of the civil action so that they will not be forced to chose between complying with discovery in this case and exercising his privilege against self-incrimination in a criminal investigation The parties respectfully request that the case management conference set for October 29, 2010, be continued to allow for continued settlement discussions and the conclusion of the criminal cases. The parties have conferred regarding their respective schedules and suggest March 18, 2011, at 1:30 as an alternative date.

DATED: October 21, 2010 _________/s/_______________________ SUSAN B. GRAY Assistant United States Attorney DATED: October 21, 2010 ________/s/____________________________ EUGENE DENSON Attorney for Claimants Fowler Family Trust, and Syd and Barbara Green DATED: October 21, 2010 ________/s/____________________ MARK EIBERT Attorney for Claimant Robert Butler

-2-

Case3:08-cv-03080-JSW Document55-1

Filed10/21/10 Page1 of 1

1 2 3 4 5 6 7

MELINDA HAAG (CSBN 132612) United States Attorney J. DOUGLAS WILSON (DCBN 412811) Acting Chief, Criminal Division SUSAN B. GRAY (CSBN 100374) Assistant United States Attorney 450 Golden Gate Ave., Box 36055 San Francisco, CA 94102 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Plaintiff

8 9 10 11 UNITED STATES OF AMERICA 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: October 22, 2010 _______________________ JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE GOOD CAUSE APPEARING, the Case Management Conference scheduled for October 29, 2010, is continued to __________, 2011, at 1:30 p.m. _______. March 18 ) ) Plaintiff, ) ) v. ) ) 1. REAL PROPERTY AND ) IMPROVEMENTS LOCATED AT 15000 ) BRICELAND THORN ROAD, ) WHITETHORN, CALIFORNIA, et.al., ) ) ) Defendants. ) ) ) Fowler Family Trust, Robert Butler, ) ) Claimants. ) ____________________________________) No. C 08-3080 JSW (Proposed) ORDER CONTINUING CASE MANAGEMENT CONFERENCE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

-1-