United States v. Real Prop. Located at 3110 Morgan Hill Rd.

Full title: UNITED STATES OF AMERICA, Plaintiff, v. REAL PROPERTY LOCATED AT 3110…

Court: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Date published: Jan 10, 2012

2:10-CV-01894 WBS-JFM (E.D. Cal. Jan. 10, 2012)

Opinion

2:10-CV-01894 WBS-JFM

01-10-2012

UNITED STATES OF AMERICA, Plaintiff, v. REAL PROPERTY LOCATED AT 3110 MORGAN HILL ROAD, HAYFORK, CALIFORNIA, TRINITY COUNTY, APN: 017-430-25, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, Defendant.

BENJAMIN B. WAGNER United States Attorney KEVIN C. KHASIGIAN Assistant United States Attorney Attorneys for the United States

WILLIAM B. SHUBB

BENJAMIN B. WAGNER

United States Attorney

KEVIN C. KHASIGIAN

Assistant United States Attorney

Attorneys for the United States

STAY NO LONGER REQUIRED

OF FURTHER PROCEEDINGS

AND ORDER [PROPOSED]

The United States of America and claimant Jaime R. Serrano (hereafter "claimant") hereby advise the Court that a stay is no longer pertinent in this matter. As described more fully in the Orders Staying the Case entered on July 12, 2011 (Doc. 31) and November 16, 2011 (Doc. 34), this civil forfeiture case has been stayed pending the resolution of the related criminal charges filed against the claimant in Trinity County Superior Court.

The parties now submit that the criminal case filed against the claimant in the Trinity County Superior Court, i.e., the basis for the stay in the above-entitled case, has reached its conclusion. Per the Court's November 16, 2011 Order granting a further stay in the case, "the parties will advise the court of the status of the criminal case and will advise the court whether a further stay is necessary [within sixty days]." Accordingly, the stay is longer pertinent and the obligation to file a Joint Status Report is now active.

The parties submit:

1. The grounds forming the basis for the previous stay are no longer present and that a stay is no longer pertinent; and
2. The parties will file, fourteen days prior to the pretrial scheduling conference, a joint status report addressing the matters set forth in the July 9, 2010, Order Setting Status (Pretrial Scheduling) Conference.

BENJAMIN B. WAGNER

United States Attorney

By: ___________________

KEVIN C. KHASIGIAN

Assistant U.S. Attorney

By: ___________________

STEPHEN SWEIGART

Attorney for claimant

Jaime R. Serrano

(Signature retained by

attorney)

ORDER

For the reasons set forth above, the grounds forming the basis for the previous stay are no longer present and that a stay is no longer pertinent. On or before January 23, 2012, the parties will file a joint status report addressing the matters set forth in the July 9, 2010, Order Setting Status (Pretrial Scheduling) Conference. The Scheduling Conference now set for February 6, 2012 at 2:00 p.m. shall remain scheduled as previously ordered.

IT IS SO ORDERED.

________________________

WILLIAM B. SHUBB

UNITED STATES DISTRICT JUDGE