The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge
Attorneys for the United States BENJAMIN B. WAGNER United States AttorneyHEATHER MARDEL JONES Assistant United States AttorneyUnited States Courthouse 2500 Tulare Street, Suite 4401Fresno, California 93721 Telephone: (559) 497-4000Facsimile: (559) 497-4099
STIPULATION TO STAY CASE AND TO VACATE SCHEDULING CONFERENCE; ORDER THEREON
IT IS HEREBY STIPULATED by and between Plaintiff, United States of America and Claimant Veronica Leon Abreo as follows:
1. Ivan Leon Abreo is presently facing federal criminal charges in the Eastern District of California, United States v. Ivan Leon Abreo, et al., No. 1:11-CR-00204-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 effects on the prosecution of the related criminal case and/or upon Ivan Leon Abreo's right against self-incrimination in the related federal criminal case.
3. Publication of the civil forfeiture action has completed and to date only Veronica Leon Abreo has filed a claim and answer in this action; Ivan Leon Abreo has not Stipulation to Stay Case and to Vacate 1 Scheduling Conference; Order Thereon file a claim or answer and a Certificate of Entry of Default was entered against him on December 30, 2011.
4. The parties request that the issue of an interlocutory sale be set aside from the stay in order to determine whether a preservation of the value of the defendant vehicle through such a sale is necessary.
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 Ivan Leon Abreo in the Eastern District of California, except the issue of an interlocutory sale of the vehicle will be excepted from the stay;
2. The Scheduling Conference in the civil case scheduled for March 13, 2012, at 9:30 a.m. in Courtroom 7 before Magistrate Judge Sheila K. Oberto be vacated; and,
3. The parties are to promptly notify the Court when the criminal case resolves. Respectfully submitted,
Stipulation to Stay Case and to Vacate 2 Scheduling Conference; Order Thereon
Good cause showing as set forth above, this case is stayed. A Scheduling Conference shall issue once the ...