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

Filing 22

ORDER re the Government's 21 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. Signed by U.S. District Judge John C Coughenour. (TH)

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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UNITED STATES OF AMERICA;

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Plaintiff;

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ORDER

v.

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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;

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AND

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

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Defendants.

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This matter comes before the Court on the Government’s status report (Dkt. No. 21). The
Court previously stayed all proceedings in this civil forfeiture case because the Government was
ORDER
C17-1178-JCC
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prosecuting a related criminal case before the Court. See United States of America v. Alexandra

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

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

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

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

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file a status report regarding the criminal case. (Id.) On April 27, 2018, the Court extended the

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stay for an additional six months because the criminal case was ongoing. (Dkt. No. 18.) On

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October 30, 2018, the Court again extended the stay for an additional six months. (Dkt. No. 20.)

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In its status report, the Government notes that the criminal case is ongoing. (Dkt. No. 21

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at 3.) The Government is continuing to prosecute defendants who may claim ownership to the

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properties at issue in this civil forfeiture action. (Id.) Therefore, the Government asks the Court

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to continue the current stay for an additional six months. (Id.)

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

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

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

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CR17-0203-JCC, Dkt. No. 48 at 15–17; (Dkt. No. 1 at 55–59.) The Court finds that allowing

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

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

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

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

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The United States shall file a status report no later than six months from the date of this order.

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DATED this 26th day of April 2019.

A

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John C. Coughenour
UNITED STATES DISTRICT JUDGE

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ORDER
C17-1178-JCC
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