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United States v. Real Property Located at 761 Magnolia Road

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


September 3, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
REAL PROPERTY LOCATED AT 761 MAGNOLIA ROAD, MARYSVILLE, CALIFORNIA, YUBA COUNTY, APN: 005-170-013, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, DEFENDANT.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

STIPULATION TO EXTEND STAY AND ORDER DATE: N/A TIME: N/A COURTROOM: N/A

The parties jointly request that the stay ordered on February 26, 2009, be extended for an additional three months. To date claimant Foster Cornelius, the owner of the property, has not been charged with any criminal offense by state, local, or federal authorities, and the statute of limitations has not expired on potential criminal charges relating to the marijuana. However, the federal investigation that led to the filing of the Complaint for Forfeiture In Rem against the defendant property is still underway.

The parties are concerned that due to the decline in real estate values in California, the defendant property may be worth less than the recorded liens. If so, it makes little economic sense to proceed with this forfeiture action. Accordingly, the parties request an additional three months stay. During this time the plaintiff will obtain an updated appraisal of the property. The parties will then be in a better position to decide how to proceed: whether to dismiss this action; ask that this case be fully scheduled; or ask for another stay while the criminal investigation continues.

The stay is requested pursuant to 18 U.S.C. §§ 981(g)(1), 981(g)(2), and 21 U.S.C. § 881(i).

ORDER

For the reasons set forth above, this matter is stayed pursuant to 18 U.S.C. §§ 981(g)(1), 981(g)(2) and 21 U.S.C. § 881(i) for an additional three months. On or before December 2, 2009, the parties will advise the Court whether a further stay is necessary.

IT IS SO ORDERED.

20090903

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