IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
June 26, 2009
UNITED STATES OF AMERICA, PLAINTIFF,
REAL PROPERTY LOCATED AT 22 NELSIER PLACE, OROVILLE, CALIFORNIA, BUTTE COUNTY, APN: 078-040-022, (FORMERLY APN: 036-291-074) INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, DEFENDANT.
STIPULATION TO EXTEND STAY OF FURTHER PROCEEDINGS AND ORDER THEREON DATE: N/A TIME: N/A COURTROOM:
Plaintiff United States of America, claimant Rebecca Gayle Powell, and claimants/lienholder John and Yvonne Stanton, and claimant/judgment creditor Ford Motor Company, 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:
1. 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 Jess R. Brasier (who has filed a claim in the related case, U.S. v. 57 Nelsier Place, 2:08-cv-0236 LKK-GGH), about the claim he filed in that case and the facts surrounding the cultivation of marijuana plants at 22 and 57 Nelsier Place. Plaintiff also intends to depose Jess V. Brasier, the defendant in two pending criminal actions*fn1, 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, Jess V. Brasier would be placed in the difficult position of either invoking his Fifth Amendment right against self-incrimination and losing the ability to protect provide information that might support claimant Rebecca Powell's claim of ownership and/or her claim to be an innocent owner, or waiving his Fifth Amendment rights and submitting to depositions and potentially incriminating himself in the pending criminal matter. If Brasier invokes his Fifth Amendment rights, the United States will be deprived of the ability to explore the factual basis for the claim Rebecca Powell filed in this action and any defenses 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 Rebecca Gayle Powell
DATED: June 24, 2009 FREDERICK H. SCHILL Attorney for claimants John and Yvonne Stanton
DATED: June 24, 2009 NELSON & KENNARD ROBERT S. KENNARD Attorneys for claimant Ford Motor Credit Company
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.