STIPULATION TO STAY FURTHER PROCEEDINGS AND ORDER [PROPOSED]

WILLIAM B. SHUBB, District Judge.

The United States and Claimants Ethan Lee Stuart and Jamie Crantelle Merenda (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 in this civil forfeiture action until the proceedings in the related criminal case, United States v. Sean Farrell, et al., 2:12-CR-00076-WBS, have concluded. The parties request this stay for the following reasons:

1. Claimant Ethan Lee Stuart filed a claim on May 3, 2012 and answer on May 17, 2012. Claimant Jamie Crantelle Merenda filed a claim on May 21, 2012 and answer on June 14, 2012.

2. The stay is requested pursuant to 18 U.S.C. §§ 981(g)(1) and 981(g)(2). The United States contends that the defendant property was used to facilitate the cultivation of marijuana. Claimants deny these allegations.

3. The United States intends to depose claimants regarding their ownership of the defendant property, as well as their knowledge and participation in large scale marijuana cultivation, including the marijuana grow at the defendant property. The United States also intends on deposing others involved in the marijuana grow at the defendant property (and nearby properties) in October 2011. If discovery proceeds at this time, claimants will be placed in the difficult position of either invoking their Fifth Amendment rights against self-incrimination and losing the ability to pursue their claims to the defendant property, or waiving their Fifth Amendment rights and submitting to a deposition and potentially incriminating themselves. 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 the law enforcement officers involved in the criminal investigation. Allowing depositions of the law enforcement officers at this time would adversely affect the ability of federal authorities to investigate potential criminal violations in this case and others associated with the marijuana grows uncovered in October 2011. The same is true with respect to written discovery that could be issued by the United States and claimants.

5. Accordingly, the parties recognize that proceeding with this action at this time has potential adverse affects on the investigation of the underlying criminal conduct and/or upon the claimants' ability to prove their claims to the property and assert any defenses to forfeiture. For these reasons, the parties jointly request that this matter be stayed until the conclusion of the criminal case. At that time the parties will advise the court of the status of the criminal case and will advise the court whether a further stay is necessary. The Scheduling Conference date of January 22, 2013 is hereby vacated.

ORDER

For the reasons set forth above, this action is stayed pursuant to 18 U.S.C. § 981(g)(1), 18 U.S.C. § 981(g)(2), and 21 U.S.C. § 881(i) until the conclusion of the criminal case, at which time the parties will advise the Court whether a further stay is necessary.

IT IS SO ORDERED.