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 23 Status Report. All proceedings in this matter remain STAYED until the related criminal case, Shelburne, CR17-0203-JCC, is resolved, either through a verdict or guilty plea. The United States shall file a status report no later than May 8, 2020. 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. 23). The
Court previously stayed all proceedings in this civil forfeiture case because the Government was
PAGE - 1
prosecuting a related criminal case before the Court. See United States of America v. Alexandra
Shelburne, et al., Case No. 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 has granted three extensions of the
stay. (Dkt. Nos. 18, 20, 22.)
In its status report, the Government notes that the criminal case is ongoing. (Dkt. No. 23
at 3.) The Government is continuing to prosecute a defendant who may claim ownership of the
properties at issue in this civil forfeiture action. (Id.); see also Shelburne, CR17-0203-JCC, Dkt.
No. 268. Therefore, the Government asks the Court to continue the current stay. (Dkt. No. 23 at
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,
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, Shelburne,
CR17-0203-JCC, is resolved, either through a verdict or guilty plea. The United States shall file
a status report no later than May 8, 2020.
DATED this 11th day of March 2020.
John C. Coughenour
UNITED STATES DISTRICT JUDGE
PAGE - 2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?