United States of America v. The Real Property Commonly Known as 101 West Hermosa Drive, San Gabriel, California 91775 et al

Filing 18

ORDER re Government's 17 Status Report. All proceedings in this matter remain STAYED until the related criminal case, United States v. Shelburne, et al., CR17-0203-JCC, is resolved, either through a verdict or guilty pleas. The United States is DIRECTED to file a status report in six months from the date of this order. Signed by U.S. District Judge John C Coughenour. (TH)

THE HONORABLE JOHN C. COUGHENOUR

1
2
3
4
5
6

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

7
8
9

UNITED STATES OF AMERICA;

10

Plaintiff;

13
14
15
16
17
18

ORDER

v.

11
12

CASE NO. C17-1138-JCC

THE REAL PROPERTY COMMONLY
KNOWN AS 101 WEST HERMOSA DRIVE,
SAN GABRIEL, CALIFORNIA 91775, LOS
ANGELES COUNTY, PARCEL NO.
536021022, TITLED IN THE NAME OF DEK
GROUP, LLC;
ALL FUNDS CONTAINED IN WELLS
FARGO BANK ACCOUNT NUMBER
XXXXXX4582, HELD IN THE NAME OF
BRIAN K. BURNETT;

19

AND

20

ALL FUNDS CONTAINED IN BANK OF
AMERICA ACCOUNT NUMBER
XXXXXXXX9392, HELD IN THE NAME OF
DEK GROUP, LLC;

21
22
23

Defendants.

24
25
26

This matter comes before the Court on the Government’s status report (Dkt. No. 17). The
Court previously stayed all proceedings in the civil forfeiture case because the Government was
ORDER
C17-1178-JCC
PAGE - 1

1

prosecuting a related criminal case before the Court. See United States of America v. Alexandra

2

Shelburne, et al., CR17-0203-JCC, Dkt. No. 1 (W.D. Wash. 2017). The Court concluded that the

3

civil and criminal cases were sufficiently related and that civil discovery would adversely affect

4

the Government’s ability to investigate and prosecute the criminal case. (Dkt. No. 15 at 3) (citing

5

18 U.S.C. § 981(g)(1)). The Court granted a stay for six months and ordered the Government to

6

file a status report regarding the criminal case. (Id.)

7

In its status report, the Government notes that the criminal case is ongoing. (Dkt. No. 17

8

at 2.) Some, but not all, of the Defendants have pled guilty. (Id. at 2–3.) The Government is

9

continuing to prosecute individuals who may claim ownership to the properties at issue in this

10

civil forfeiture action. (Id. at 4.) Therefore, the Government asks the Court to continue the

11

current stay for an additional six months. (Id.)

12

The Court concludes that it is appropriate to continue its stay of proceedings. The

13

Government continues to investigate and prosecute the related criminal case. The Government

14

seeks forfeiture of some of the same assets named in the civil action. Shelburne, et al., CR17-

15

0203-JCC, Dkt. No. 48 at 15–17; (Dkt. No. 1 at 55–59.) Trial of the remaining defendants in the

16

criminal case is scheduled for August 13, 2018. (Id. at 3.) The Court finds that allowing civil

17

discovery in this case would adversely affect the government’s ongoing investigation and

18

prosecution in the criminal case. 18 U.S.C. § 981(g)(1).

19

All proceedings in this matter remain STAYED until the related criminal case, United

20

States v. Shelburne, et al., CR17-0203-JCC, is resolved, either through a verdict or guilty pleas.

21

The United States is DIRECTED to file a status report in six months from the date of this order.

22

DATED this 27th day of April 2018.

A

23
24
25

John C. Coughenour
UNITED STATES DISTRICT JUDGE

26
ORDER
C17-1178-JCC
PAGE - 2