STIPULATION TO STAY FURTHER PROCEEDINGS AND ORDER

JOHN A. MENDEZ, District Judge.

The United States of America and claimants Sam Luigi Toccoli, Lisa Toccoli Stenard and Albert Toccoli, by and through their respective counsel, hereby stipulate that a stay is appropriate in the above-entitled action, and request that the Court enter an order staying further proceedings until November 6, 2012. The basis for the proposed stay is the related criminal action against two individuals charged with cultivating marijuana at the defendant property, United States v. Brandon Conley, Case No. 2:12-CR-00077-JAM, and the ongoing criminal investigation into marijuana cultivation at the defendant property.

1. The Beverly J. Toccoli Marital Deduction Trust U/A/D 8/11/99 is record owner of a one-half undivided seventh-eighths interest. The S.L. Toccoli Survivor Trust U/A/D 8/11/99 is the record owner of a one-half undivided seventh-eighths interest. Allyal Properties, a California General Partnership, is the record owner of an undivided one-eighth interest. Each of the claimants has filed a claim to the defendant property based on various interests connected to the above-identified trusts and/or business entities.

2. The stay is requested pursuant to 18 U.S.C. §§ 981(g)(1), 981(g)(2), and 21 U.S.C. § 881(i).

3. To date, two individuals have been charged with federal criminal crimes related to marijuana cultivation at the defendant property, United States v. Brandon Conley, Case No. 2:12-CR-00077-JAM. (None of the claimants have been charged with any criminal offense by state, local, or federal authorities.) It is the United States' position that the statute of limitations has not expired on potential criminal charges relating to the marijuana grow at the defendant property. The United States intends to depose those charged with crimes connected to the marijuana grow at the defendant property regarding their knowledge and/or participation in the large scale marijuana cultivation and property ownership. If discovery proceeds at this time, these individuals, or some of them, will be placed in the difficult position of either invoking their Fifth Amendment rights against self-incrimination or waiving their Fifth Amendment rights and submitting to a deposition and potentially incriminating themselves (at least one individual prior to a criminal trial). If they invoke their Fifth Amendment rights, the United States will be deprived of the ability to explore the factual basis for the claims they filed with this court.

4. In addition, claimants intend to depose, among others, the agents involved with this investigation, including but not limited to the agents with the Drug Enforcement Administration and the Internal Revenue Service. Allowing depositions of the law enforcement officers at this time would adversely affect the ability of the federal authorities to prepare for the criminal trial and/or further investigate the alleged underlying criminal conduct.1

5. The parties recognize that proceeding with these actions at this time could have potential adverse effects on the 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 November 6, 2012, in accordance with the terms of this stipulation. At that time the parties will advise the court of the status of the criminal investigation and will advise the court whether a further stay is appropriate.2

ORDER

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 November 6, 2012. On or before November 6, 2012, the parties will advise the court whether a further stay is appropriate.

IT IS SO ORDERED.