United States Of America v. Real Property and Improvement located at 951 La Gonda Way, Danville, CA 94526 et al

Filing 11

ORDER Magistrate Judge Maria-Elena James granting 10 Stipulation To Stay. (rmm2S, COURT STAFF) (Filed on 9/26/2014)

1 MELINDA HAAG (CABN 132612)
United States Attorney
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J. DOUGLAS WILSON (DCBN 412811)
3 Chief, Criminal Division
4 DAVID COUNTRYMAN (CABN 226995)
Assistant United States Attorney
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450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
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Telephone: [phone]
FAX: [phone]
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[e-mail]
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Attorneys for United States of America
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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UNITED STATES OF AMERICA,
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Plaintiff,
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v.
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THE REAL PROPERTIES AND
IMPROVEMENTS LOCATED AT 951 LA
GONDA WAY, DANVILLE, CA 94526; 87
PANORAMIC DRIVE, WALNUT CREEK,
CA 94595, AND 9005 NORTH LAKE
BOULEVARD, KINGS BEACH, CA 96143,
Defendants.

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) CASE NO. 14-03963 MEJ
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) STIPULATION TO STAY
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Potential claimant Anthony Keslinke and plaintiff United States of America, hereby jointly

23 request that the above referenced civil forfeiture case be stayed and “administratively closed” for
24 purposes of the Civil Justice Reform Act reporting requirements pending the completion of the related
25 criminal prosecution.
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REQUEST FOR ADMIN. CLOSURE
AND PROPOSED ORDER
CASE NO. 14-03963MEJ

The effect of an administrative closure is no different from a simple stay, except that it
affects the count of active cases pending on the court's docket; i.e., administratively
closed cases are not counted as active. See Lehman v. Revolution Portfolio LLC, 166
F.3d 389, 392 (1st Cir. 1999) ("This method is used in various districts throughout the
nation in order to shelve pending, but dormant, cases.") In contrast, cases stayed, but not
closed, are counted as active. This case still exists on the docket of the district court and
may be reopened upon request of the parties or on the court's own motion.

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5 Mire v. Full Spectrum Lending Inc., 389 F.3d 163, 167 (5th Cir. 2004); see also 18 U.S.C. § 981(g)(1);
6 The Guide to Judiciary Policies & Procedures, Vol. 11, Chapter 14, Exhibit 1.
The parties submit that the record of this case provides facts sufficient to support administrative

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8 closure. Anthony Keslinke is currently under investigation by the Government and there is a pending
9 related criminal prosecution before this Court. See United States v. Keslinke, CR 14-00237 JST.
10 Because Anthony Keslinke is the subject of a related criminal case, continuation of the forfeiture
11 proceeding will burden his right against self-incrimination in the related criminal case. Thus, Anthony
12 Keslinke requests a stay pursuant to 18 U.S.C. § 981(g)(2). The United States requests a stay under 18
13 U.S.C. § 981(g)(1), as civil discovery would adversely affect the prosecution of the related criminal
14 case.
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Dated: 9/18/2014
/S/___________________________________
MARTHA A. BOERSCH
Attorney for Potential Claimant

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Dated: 9/18/2014
/S/___________________________________
DAVID B. COUNTRYMAN
Assistant United States Attorney

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REQUEST FOR ADMIN. CLOSURE
AND PROPOSED ORDER
CASE NO. 14-03963MEJ

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[PROPOSED] ORDER TEMPORARILY
ADMINISTRATIVELY CLOSING CASE

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UPON CONSIDERATION of the parties Request for Temporary Administrative Closure, the

5 entire record, and for good cause shown, it is by the Court on this

26th
September
6 _________ day of ________________________________, 2014
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ORDERED that the instant case be, and hereby is STAYED and ADMINISTRATIVELY

8 CLOSED for purposes of the Civil Justice Reform Act reporting requirements, until the resolution of
United States v. Keslinke, CR 14-00237 JST;
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IT IS FURTHER ORDERED this case still exists on the docket of the district court and may be
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reopened upon request of the United States or Anthony Keslinke or on the court's own motion.
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IT IS SO ORDERED this 26th day of

September

2014.

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HONORABLE MARIA-ELENA JAMES
United States Magistrate Judge

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REQUEST FOR ADMIN. CLOSURE
AND PROPOSED ORDER
CASE NO. 14-03963MEJ

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CERTIFICATE OF SERVICE

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The undersigned hereby certifies that she is an employee of the Office of the United States

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Attorney for the Northern District of California and is a person of such age and discretion to be
competent to serve papers. The undersigned further certifies that she caused a copy of

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

Stipulation to Stay

7 to be served this date via United States first class mail delivery upon the person(s) below at the place(s)
8 and address(es) which is the last known address(es):
9 Kenneth Joriet
951 La Gonda Way
10 Danville, CA 94526
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Martha Boersch, Esq
Boersch Shapiro LLP
235 Montgomery Street, Suite 835
San Francisco, CA 94104
Attorney for Anthony Keslinke

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Kenneth Joriet
13 485 Railroad Avenue
Pittsburg, CA 94565-2246
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Aloha Property LLC
16 c/o Jason Gonzalez
87 Panoramic Way
17 Walnut Creek, CA 94595-1605

Wells Fargo Bank, N.A.
c/o NBS Default Services, LLC
301 E. Ocean Blvd., Suite 1720
Long Beach, CA 90802
The D. and G. Littman Trust
c/o Gloria Littman
P.O. Box 1768
Medford, OR 97501

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I declare under penalty of perjury under the laws of the United States of America that the

20 foregoing is true and correct to the best of my knowledge.
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Executed this 26th day of September, 2014, at San Francisco, California

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___/S/__________________________
CAROLYN JUSAY
Asset Forfeiture Unit
FSA Paralegal

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REQUEST FOR ADMIN. CLOSURE
AND PROPOSED ORDER
CASE NO. 14-03963MEJ