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United States v. Real Property Located at 57 Nelsier Place

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


June 26, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
REAL PROPERTY LOCATED AT 57 NELSIER PLACE, OROVILLE, CALIFORNIA, BUTTE COUNTY, APN: 078-040-036, (FORMERLY APN: 036-291-079) INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, DEFENDANT.

STIPULATION TO STAY FURTHER PROCEEDINGS AND ORDER THEREON DATE: N/A TIME: N/A COURTROOM: N/A

Plaintiff United States of America, claimant Jess R. Brasier, and claimants Albert and Georgene Brookman, request that the stay entered in the case on January 12, 2009, be extended to December 1, 2009. This request is based on the following:

The United States contends that the defendant real property was used to facilitate a violation of federal drug laws (cultivation of marijuana) and is therefore forfeitable to the United States. The United States intends to depose claimant Jess R. Brasier about the claim he filed in this case and the facts surrounding the cultivation of marijuana plants on this property. If claimant Jess R. Brasier is not the same person as defendant Jess V. Brasier, plaintiff will also need to depose defendant Jess V. Brasier. Jess V. Brasier is currently a defendant in two pending case, United States v. Jess Vernon Brasier and Dean Teskey, 2:08-cr-0453 LKK, and United States v. Jess Vernon Brasier, et al., 2:08-cr-518 LKK.

If discovery proceeds, claimant and/or defendant Jess V. Brasier would be placed in the difficult position of either invoking their Fifth Amendment rights against self-incrimination and losing the ability to protect their claimed interest in the defendant property, or waiving their Fifth Amendment rights and submitting to depositions and potentially incriminating themselves in the pending criminal matter. If claimant or defendant invokes his Fifth Amendment rights, the United States will be deprived of the ability to explore the factual basis for the claims they filed in this action and any defense raised in the Answer.

In addition, all claimants intend to depose law enforcement officers who were involved in the investigation that led to the search at the defendant property. Allowing depositions of these officers would adversely affect the ability of the United States to conduct its related criminal investigation.

Accordingly, the parties contend that proceeding with this action at this time has potential adverse affects on the investigation and possible prosecution of the related-criminal case and/or upon claimants' ability to prove their claim to the property and to contest the government's allegations that the property is forfeitable. For these reasons, the parties request that this matter be stayed until December 1, 2009. This court has entered a stay to December 1, 2009, in a related case (U.S. v. 2007 Yamaha Rhino, 2:09-cv-00684 LKK-GGH) and the parties suggest that it makes sense to get all the related cases on the same schedule. At that time the parties will advise the Court whether a further stay is necessary.

DATED: June 24, 2009 JOHN H. FEINER Attorney for claimant Jess R. Brasier

DATED: June 24, 2009 FREDERICK H. SCHILL Attorney for claimants Albert and Georgene Brookman

ORDER

For the reasons set forth above, this matter is stayed pursuant to 18 U.S.C. §§ 981(g)(1) and 981(g)(2) until December 1, 2009. The parties will advise the court at least 10 days prior to December 1, 2009, whether a further stay is necessary.

IT IS SO ORDERED.

20090626

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