STIPULATION TO STAY PROCEEDINGS AND PROPOSED ORDER
The United States and Claimants Damrong Pattanumotana, Darrin Pattanumotana, Gavin Pattanumotana, Goon Pattanumotana, Somluck Pattanumotana, and the Pattanumotana Family Limited Partnership (collectively the "claimants"), by and through their respective counsel, hereby stipulate that a stay is necessary in the above-entitled action, and request that the Court enter an order staying proceedings until September 1, 2012 due to an on-going criminal investigation into marijuana cultivation at real property located at 11150 E. California Avenue, Sanger, California also known as 745 S. Indianola, Sanger, California, APN: 314-062-17 (hereafter "defendant California property") and real property located at 890 S. Armstrong Avenue, Fresno, California, APN: 313-040-50 (hereafter "defendant Armstrong property")(collectively the "defendant properties).
1. Each of the claimants has filed claims and answers to the defendant properties.
i. Damrong Pattanumotana, Darrin Pattanumotana, Gavin Pattanumotana, Goon Pattanumotana, Somluck Pattanumotana, and the Pattanumotana Family Limited Partnership, each filed claims to the defendant Armstrong property. Damrong Pattanumotana and Somluck Pattanumotana each assert a general partner interest under the Limited Partnership. Darrin Pattanumotana, Gavin Pattanumotana, and Goon Pattanumotana each assert a 5% interest pursuant to the Limited Partnership. The Limited Partnership makes a separate claim to the defendant Armstrong property.
i. Goon Pattanumotana filed a claim to the defendant California property as its sole owner.
2. The stay is requested pursuant to 18 U.S.C. §§ 981(g)(1), 981(g)(2), and 21 U.S.C. § 881(i). The United States contends that the defendant properties were used to facilitate the cultivation of marijuana.
3. To date, several individuals have been charged with federal crimes relating to marijuana cultivation at defendant California property, United States v. Douangchanh Keovilayvanh, 1:10-CR-00476-LJO, and marijuana cultivation at the defendant Armstrong property, United States v. Bouasangouane, et al., 1:11-CR-00357-AWI. None of the claimants have been charged with any criminal offense by federal authorities.
4. A stay is warranted because if discovery proceeds at this time in the civil in rem case, claimants would be entitled to depose, among others, the agents and deputies involved with this investigation, including but not limited to Drug Enforcement Administration agents and Fresno County Sheriff's Office deputies. Allowing depositions of the law enforcement officers at this time could adversely affect the ability of the federal authorities to prosecute and investigate those charged with marijuana cultivation in violation of federal law -- United States v. Douangchanh Keovilayvanh, 1:10-CR-00476-LJO and United States v. Bouasangouane, et al., 1:11-CR-00357-AWI.
5. The parties recognize that proceeding with these actions at this time could have adverse effects on the criminal investigation of the underlying criminal conduct and/or upon the claimants' ability to prove their claim to the property and to assert any defenses to forfeiture. For these reasons, the parties jointly request that these matters be stayed until September 1, 2012, pursuant to this stipulation. At that time the parties will advise the court of the status of the criminal investigation, if any, and whether a further stay is necessary.
Respectfully submitted, Dated: 3/12/12 BENJAMIN B. WAGNER United States Attorney /s/ Kevin C. Khasigian_________ KEVIN C. KHASIGIAN Assistant United States Attorney Dated: 3/12/12 /s/ Stephanie Hamilton Borchers DONALD R. FISCHBACH STEPHANIE HAMILTON BORCHERS MATTHEW T. BESMER Attorneys for Claimants Darrin Pattanumotana, Damrong Pattanumotana, Gavin Pattanumotana, Goon Pattanumotana, Somluck Pattanumotana, and the Pattanumotana Family Limited Partnership (Authorized by email)
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) until September 1, 2012. On or before September 1, 2012, the parties ...