U.S. v. Approximately $8,658.00 in U.S. Currency, 1:17-cv-00592-DAD-BAM. (2018)
Court: District Court, E.D. California
Number: infdco20180620936
Visitors: 12
Filed: Jun. 19, 2018
Latest Update: Jun. 19, 2018
Summary: ORDER APPROVING STIPULATION AND GRANTING STAY OF FURTHER PROCEEDINGS (Doc. No. 15) DALE A. DROZD , District Judge . On June 18, 2018, the parties filed a stipulation to stay further proceedings until January 18, 2019 due to the related criminal case currently pending against Jesus Velazquez-Juarez in United States v. Jesus Velazquez-Juarez, No. 1:16-cr-00189-DAD-BAM. (Doc. No. 15.) The parties have represented that a trial setting status conference is presently scheduled in that related
Summary: ORDER APPROVING STIPULATION AND GRANTING STAY OF FURTHER PROCEEDINGS (Doc. No. 15) DALE A. DROZD , District Judge . On June 18, 2018, the parties filed a stipulation to stay further proceedings until January 18, 2019 due to the related criminal case currently pending against Jesus Velazquez-Juarez in United States v. Jesus Velazquez-Juarez, No. 1:16-cr-00189-DAD-BAM. (Doc. No. 15.) The parties have represented that a trial setting status conference is presently scheduled in that related c..
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ORDER APPROVING STIPULATION AND GRANTING STAY OF FURTHER PROCEEDINGS (Doc. No. 15)
DALE A. DROZD, District Judge.
On June 18, 2018, the parties filed a stipulation to stay further proceedings until January 18, 2019 due to the related criminal case currently pending against Jesus Velazquez-Juarez in United States v. Jesus Velazquez-Juarez, No. 1:16-cr-00189-DAD-BAM. (Doc. No. 15.) The parties have represented that a trial setting status conference is presently scheduled in that related criminal case for August 1, 2018.
The parties request a stay of this in rem forfeiture action pursuant to 18 U.S.C. §§ 981(g)(1) and 981(g)(2). The parties contend that, because the United States intends to depose Mr. Velazquez-Juarez, he will be placed in the position of either invoking his Fifth Amendment right against self-incrimination and losing the ability to pursue any claim to the defendant currency, or waiving his Fifth Amendment rights and submitting to a deposition and potentially incriminating himself. (Doc. No. 15 at 2.) The United States further contends that deposing law enforcement officers regarding this claim, as Mr. Velazquez-Juarez intends to do, would impact the ability of such officers to investigate the alleged underlying criminal conduct. (Id.)
Having shown good cause and for the reasons stated above:
1. This matter is stayed pursuant to 18 U.S.C. §§ 981(g)(1) and 981(g)(2) until January 18, 2019 in accordance with the terms of this stipulation; and
2. The parties are directed to advise the court whether further stay is necessary by January 11, 2019.
IT IS SO ORDERED.
Source: Leagle
