United States of America v. The Real Property Commonly Known as 101 West Hermosa Drive, San Gabriel, California 91775 et al
ORDER re the Government's 19 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 shall file a status report no later than six months from the date of this order. Signed by U.S. District Judge John C Coughenour. (TH)
THE HONORABLE JOHN C. COUGHENOUR
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
UNITED STATES OF AMERICA;
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
ALL FUNDS CONTAINED IN WELLS
FARGO BANK ACCOUNT NUMBER
XXXXXX4582, HELD IN THE NAME OF
BRIAN K. BURNETT;
ALL FUNDS CONTAINED IN BANK OF
AMERICA ACCOUNT NUMBER
XXXXXXXX9392, HELD IN THE NAME OF
DEK GROUP, LLC;
This matter comes before the Court on the Government’s status report (Dkt. No. 19). The
Court previously stayed all proceedings in this civil forfeiture case because the Government was
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prosecuting a related criminal case before the Court. See United States of America v. Alexandra
Shelburne, et al., CR17-0203-JCC, Dkt. No. 1 (W.D. Wash. 2017). The Court concluded that the
civil and criminal cases were sufficiently related and that civil discovery would adversely affect
the Government’s ability to investigate and prosecute the criminal case. (Dkt. No. 15 at 3) (citing
18 U.S.C. § 981(g)(1)). The Court granted a stay for six months and ordered the Government to
file a status report regarding the criminal case. (Id.) On April 27, 2018, the Court extended the
stay for an additional six months because the criminal case was ongoing. (Dkt. No. 18.)
In its status report, the Government notes that while some of the Defendants have pled
guilty and been sentenced, charges are still pending against some Defendants. (Dkt. No. 19 at 2.)
The Government is continuing to prosecute defendants who may claim ownership to the
properties at issue in this civil forfeiture action. (Id. at 4.) Therefore, the Government asks the
Court to continue the current stay for an additional six months. (Id.)
The Court concludes that it is appropriate to continue its stay of proceedings. The
Government continues to investigate and prosecute the related criminal case. The Government
seeks forfeiture of some of the same assets named in this civil forfeiture action. Shelburne, et al.,
CR17-0203-JCC, Dkt. No. 48 at 15–17; (Dkt. No. 1 at 55–59.) The Court finds that allowing
civil discovery in this case would adversely affect the government’s ongoing investigation and
prosecution in the criminal case. 18 U.S.C. § 981(g)(1).
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 shall file a status report no later than six months from the date of this order.
DATED this 30th day of October 2018.
John C. Coughenour
UNITED STATES DISTRICT JUDGE
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