USA v. 425 Thunderbird Drive, Cotopaxi, Colorado et al

Filing 41

ORDER Granting in part and Denying in part 19 Claimants Victor Garcia and Carmen Garcias Unopposed Motion to Stay Proceedings. It is GRANTED to the extent the motion requests a stay of all proceedings with respect to Claimants Victor and Carmen Garcia and the defendant properties they have claimed an interest in until resolution of the related criminal case. The motion is DENIED to the extent it requests a stay of all proceedings in this case, by Judge Wiley Y. Daniel on 4/13/2016.(evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior Judge Wiley Y. Daniel
Civil Action No. 16-cv-00220-WYD-MEH
UNITED STATES OF AMERICA,
Plaintiff,
v.
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425 THUNDERBIRD DRIVE, COTOPAXI, COLORADO,
$2,019.00 IN UNITED STATES CURRENCY,
$947.00 IN UNITED STATES CURRENCY,
7 ASSORTED FIREARMS WITH 1 ACCESSORY BARREL,
3 ASSORTED FIREARMS,
3 ASSORTED WATCHES,
163 ASSORTED PIECES OF MARIJUANA GROW EQUIPMENT,
6008 COPPER GULCH ROAD, COTOPAXI, COLORADO,
2015 MERCEDES-BENZ CLA-CLASS, VIN: WDDSJ4GB4FN182677,
10 ASSORTED FIREARMS,
PERAZZI MX2000/8 12-GAUGE SHOTGUN,
135 ASSORTED PIECES OF MARIJUANA GROW EQUIPMENT,
$9,000.00 IN UNITED STATES CURRENCY SEIZED FROM WELLS FARGO
SAFE DEPOSIT BOX # 4103,
1417 TEXAS CREEK LANE, COTOPAXI, COLORADO,
$2,000.00 IN UNITED STATES CURRENCY,
$1,471.00 IN UNITED STATES CURRENCY,
2 ASSORTED RIFLES,
379 HARMON DRIVE, COTOPAXI, COLORADO,
REMINGTON 870 EXPRESS SUPER MAGNUM 12-GAUGE SHOTGUN,
195 ASSORTED PIECES OF MARIJUANA GROW EQUIPMENT,
1089 COUNTY ROAD 310, WESTCLIFFE, COLORADO,
368 ASSORTED PIECES OF MARIJUANA GROW EQUIPMENT,
$21,350.00 IN UNITED STATES CURRENCY,
4 ASSORTED FIREARMS,
79 ASSORTED PIECES OF MARIJUANA GROW EQUIPMENT, and
271 ASSORTED PIECES OF MARIJUANA GROW EQUIPMENT,
Defendants.

ORDER

THIS MATTER is before the Court on Claimants Victor Garcia and Carmen
Garcia’s Unopposed Motion to Stay Proceedings filed March 1, 2016. Claimants Victor
and Carmen Garcia state therein that they have filed Verified Claims as to Defendant
properties numbers 1 through 6. They also assert that there is a related criminal case
pending in this district, and ask that the proceedings be stayed. I find that the motion
should be granted to the extent the Garcias seek to stay the proceedings as to them
and as to the defendant properties they have claimed an interest in. I deny the motion,
however, to the extent it seeks to stay this case in its entirety.
Accordingly, it is
ORDERED that Claimants Victor Garcia and Carmen Garcia’s Unopposed
Motion to Stay Proceedings (ECF No. 19) is GRANTED IN PART AND DENIED IN
PART. It is GRANTED to the extent the motion requests a stay of all proceedings with
respect to Claimants Victor and Carmen Garcia and the defendant properties they have
claimed an interest in until resolution of the related criminal case. The motion is
DENIED to the extent it requests a stay of all proceedings in this case.
Dated: April 13, 2016
BY THE COURT:
s/ Wiley Y. Daniel
Wiley Y. Daniel
Senior United States District Judge

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