United States of America v. Real Property and Improvements Located at 1292 Trestle Glen Road, Oakland, California, APN #024-0566-031

Filing 14

ORDER re 13 Granting Stipulation TO STAY PROCEEDINGS PURSUANT TO 18 U.S.C. § 981(g)). Signed by Judge Claudia Wilken on 9/7/2010. (ndr, COURT STAFF) (Filed on 9/7/2010)

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United States of America v. Real Property and Improvements Locate...lifornia, APN #024-0566-031 Doc. 14 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 MELINDA HAAG(CSBN 132612) United States Attorney BRIAN J. STRETCH (CSBN 163973) Chief, Criminal Division ARVON J. PERTEET (CSBN 242828) Special Assistant United States Attorney 450 Golden Gate Avenue, 11th Floor San Francisco, CA 94102 Telephone: 415.436.6598 Facsimile: 415.436.7234 Email: arvon.perteet@usdoj.gov Attorneys for United States of America UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, Plaintiff, v. REAL PROPERTY AND IMPROVEMENTS LOCATED AT 1292 TRESTLE GLEN ROAD, OAKLAND, CALIFORNIA, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) No. CV 10-2498 CW STIPULATION TO STAY PROCEEDING PURSUANT TO 18 U.S.C. 981(g) 1. IT IS HEREBY STIPULATED by and between Plaintiff UNITED STATES OF AMERICA and Claimants JEREMIAH THEDE and ANITA THEDE, through their counsel, that this matter be stayed pursuant to 18 U.S.C. 981(g)(2) and 21 U.S.C. 881(i). 2. There exists a state felony criminal prosecution of Claimant JEREMIAH THEDE in People v. Jeremiah Thede and Marlene Fritz, Contra Costa County Superior Court Case No. 2-305478-0. The facts of that case are related to this forfeiture proceeding. 3. If this case were to proceed, JEREMIAH THEDE'S and Marlene Fritz's Fifth Amendment rights against self-incrimination will be burdened in the related criminal case. Dockets.Justia.com 4. The provisions of 18 U.S.C. 981(g)(2), related to stays of civil forfeiture proceedings, 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 // // // // // // Stipulation and [Proposed] Order to Stay Proceeding No. CV 10- 2498 CW 2 Dated: September 1, 2010 /S/ David A. Kettel DAVID A. KETTEL Attorney for Claimants Jeremiah Thede and Anita Thede IT IS SO STIPULATED: Dated: September 1, 2010 MELINDA HAAG United States Attorney /S/ Arvon J. Perteet ARVON J. PERTEET Special Assistant United States Attorney Attorney for the United States of America provide that"[u]pon the motion of a claimant, the court shall stay the civil forfeiture proceeding if with respect to that claimant if the court determines that (A) the claimant is the subject of a related criminal investigation or case; (B) the claimant has standing to assert a claim in the civil forfeiture proceeding; and (C) continuation of the forfeiture proceeding will burden the right of the claimant against self-incrimination in the related investigation or case." 5. Pursuant to the above representations, and the provisions of 18 U.S.C. 981(g)(2), the parties hereby stipulate and agree to stay this civil forfeiture proceeding until the completion of the criminal case in Contra Costa County state court or until such earlier time as either party, or this Court, may request that the matter be heard. 6. The parties further stipulate and agree that the presently scheduled Case Management Conference of September 14, 2010, at 2:00 p.m. be taken off calendar. 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 ORDER 7th September IT IS SO ORDERED on this ____________ day of _______________, 2010, pursuant to the foregoing stipulation, that this civil forfeiture proceeding be stayed until the completion of the criminal proceedings in Contra Costa County state court, or until such earlier time as either party, or this Court may request that the matter be heard. IT IS FURTHER ORDERED that the presently scheduled Case Management Conference of September 14, 2010 at 2:00 p.m. is hereby taken off calendar. ________________________________ HONORABLE CLAUDIA WILKEN United States District Court Judge Stipulation and [Proposed] Order to Stay Proceeding No. CV 10- 2498 CW 3

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