IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
November 23, 2010
UNITED STATES OF AMERICA, PLAINTIFF,
REAL PROPERTY LOCATED AT 1904 LEE STREET, ALEXANDRIA, LOUISIANA, RAPIDES PARISH, APN: 24-0389-35143-000101, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, AND REAL PROPERTY LOCATED AT 1740 MONROE STREET, ALEXANDRIA, LOUISIANA, RAPIDES PARISH, APN: 24-039-35186-000202, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, DEFENDANTS.
The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge
STIPULATION TO STAY CASE AND TO VACATE SCHEDULING CONFERENCE; ORDER THEREON
IT IS HEREBY STIPULATED by and between Plaintiff, United States of America and Potential Claimants Edwan Dablan and Millenium 1, LLC as follows:
1. Potential Claimant Edwan Dablan is presently facing federal criminal charges in the Eastern District of California, United States v. Edwan Dablan, et al., 1:10-CR-00173-AWI, allegedly relating to transactions or events which form the basis for this civil forfeiture action.
2. The parties recognize that proceeding with this action has potential adverse affects on the prosecution of the related criminal case and/or upon Potential Claimant Edwan Dablan's right against self-incrimination in the related federal criminal case.
3. Publication of the civil forfeiture action has completed and to date neither Edwan Dablan, Millenium 1, LLC, nor any other potential claimants have filed claims, answers, or otherwise appeared in this action.
THEREFORE, the parties to this action stipulate and request as follows:
1. Pursuant to 18 U.S.C. § 981(g), this action be stayed pending the conclusion of the federal criminal action presently pending against Edwan Dablan in the Eastern District of California;
2. The Scheduling Conference in the civil case scheduled for February 14, 2011, at 9:00 a.m. in Courtroom 10 before Magistrate Judge Gary S. Austin be vacated; and,
3. The parties are to promptly notify the Court when the criminal case resolves.
Dated: November 18, 2010
BENJAMIN B. WAGNER United States Attorney
KELLI L. TAYLOR Assistant United States Attorney
Dated: November 12, 2010
DANIEL A. BACON Attorney for Potential Claimants Edwan Dablan and Millenium 1, LLC (Original signature retained by attorney)
IT IS SO ORDERED.
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