Opinion
No. 2:05-CV-2526 WBS/KJM.
February 10, 2006
McGREGOR W. SCOTT, United States Attorney, KRISTIN S. DOOR, SBN 84307, Assistant United States Attorney, Sacramento, CA, Attorneys for Plaintiff, United States of America.
Danny D. Brace, Jr., Attorney for Claimants, Tinamarie Flores and Jesus Castillo Flores.
JOINT REQUEST FOR STAY AND ORDER THEREON [PROPOSED]
Plaintiff United States of America and claimants Tinamarie Flores and Jesus Castillo Flores, [hereafter "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 all further proceedings pending the outcome of a related criminal case.
1. Claimants filed their claims on January 11, 2006, and filed an Answer to the Verified Complaint For Forfeiture In Rem on January 25, 2006. Claimant Jesus Castillo Flores is currently a defendant in U.S. v. Ojeda, et al., 2:05-CR-290 WBS. No other parties have filed a claim in this forfeiture action. Claimant Tinamarie Flores is Jesus Flores' wife.
2. Pursuant to 18 U.S.C. §§ 981(g)(1), 981(g)(2) and 21 U.S.C. § 881(i) the parties seek a stay of discovery in this case. The United States contends inter alia that the defendant vehicle was used to facilitate the distribution of methamphetamine and that it was purchased with drug proceeds.
3. The United States intends to depose claimant Jesus Flores and question him about various topics, including but not limited to his use of the defendant vehicle to transport methamphetamine to a meeting with an informant where the government alleges he (Flores) delivered methamphetamine to an informant. Counsel for Mr. Flores has informed counsel for the government that if discovery proceeds, Mr. Flores would be placed in the difficult position of either invoking his Fifth Amendment right against self-incrimination and losing the ability to protect his interest in the defendant vehicle, or waiving his Fifth Amendment right and submitting to a deposition and potentially incriminating himself in the related criminal investigation. If Mr. Flores invokes his Fifth Amendment right, the United States will be deprived of the ability to explore the factual basis for the claim he filed with this Court.
4. In addition, Claimants intend to depose law enforcement officers involved in the investigation that led to the indictment in U.S. v. Ojeda, et al. Allowing depositions of the law enforcement investigators involved in this investigate would adversely affect the ability of the government to properly investigate and prosecute the Ojeda case.
5. Accordingly, the parties to this stipulation recognize that proceeding with discovery in this civil forfeiture action at this time has potential adverse affects on the investigation and potential prosecution of the related criminal case and/or upon Claimants' ability to prove their claims to the defendant vehicle. For these reasons, Claimants and the plaintiff United States of America jointly request that this matter be stayed until the conclusion of the related criminal case, U.S. v. Ojeda, et al., 2:05-CR-290 WBS.
IT IS SO ORDERED. The Clerk is ordered to administratively close the file in this case, subject to its being reopened upon the application of either party to be made after the conclusion of criminal case No. 05-CR-290.