The opinion of the court was delivered by: Gary S. Austin 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 (559) 497-4000 Telephone (559) 497-4099 Facsimile
STIPULATION TO STAY CASE AND TO VACATE SCHEDULING ORDER DATES; ORDER THEREON
IT IS HEREBY STIPULATED by and between the United States of America, claimant Nohemi Villareal Noriega, and her counsel of record, as follows:
1. Nohemi Villareal Noriega is presently facing federal criminal charges in the Eastern District of California, United States v. Nohemi Villareal Noriega, 1:12-CR-00009- LJO-DLB, related to transactions or events which also 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 Nohemi Villareal Noriega's right against self-incrimination in the related federal criminal case.
3. Publication of the civil forfeiture action has completed and to date only Nohemi Villareal Noriega has filed a claim and answer 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 Nohemi Villareal Noriega in the Eastern District of California;
2. All scheduling dates set forth in the Scheduling Order issued by the Court on September 28, 2011 (Doc. #37) and the following Stipulation to Continue FRCP Rule 16(b) Scheduling Order Dates and Order issued by the Court on January 18, 2012 (Doc. #39) be vacated; and,
3. The parties are to promptly notify the Court when the criminal case resolves.
Good cause showing as set forth above, this case is stayed. A Scheduling Conference shall issue once the Court has been advised that the criminal matter has been resolved.