STIPULATION TO STAY

MARIA-ELENA JAMES, Magistrate Judge.

Potential claimant Anthony Keslinke and plaintiff United States of America, hereby jointly request that the above referenced civil forfeiture case be stayed and "administratively closed" for purposes of the Civil Justice Reform Act reporting requirements pending the completion of the related criminal prosecution.

The effect of an administrative closure is no different from a simple stay, except that it affects the count of active cases pending on the court's docket; i.e., administratively closed cases are not counted as active. See Lehman v. Revolution Portfolio LLC, 166 F.3d 389, 392 (1st Cir. 1999) ("This method is used in various districts throughout the nation in order to shelve pending, but dormant, cases.") In contrast, cases stayed, but not closed, are counted as active. This case still exists on the docket of the district court and may be reopened upon request of the parties or on the court's own motion.

Mire v. Full Spectrum Lending Inc., 389 F.3d 163, 167 (5th Cir. 2004); see also 18 U.S.C. § 981(g)(1); The Guide to Judiciary Policies & Procedures, Vol. 11, Chapter 14, Exhibit 1.

The parties submit that the record of this case provides facts sufficient to support administrative closure. Anthony Keslinke is currently under investigation by the Government and there is a pending related criminal prosecution before this Court. See United States v. Keslinke, CR 14-00237 JST. Because Anthony Keslinke is the subject of a related criminal case, continuation of the forfeiture proceeding will burden his right against self-incrimination in the related criminal case. Thus, Anthony Keslinke requests a stay pursuant to 18 U.S.C. § 981(g)(2). The United States requests a stay under 18 U.S.C. § 981(g)(1), as civil discovery would adversely affect the prosecution of the related criminal case.

[PROPOSED] ORDER TEMPORARILY ADMINISTRATIVELY CLOSING CASE

UPON CONSIDERATION of the parties Request for Temporary Administrative Closure, the entire record, and for good cause shown, it is by the Court on this 26th day of September, 2014

ORDERED that the instant case be, and hereby is STAYED and ADMINISTRATIVELY CLOSED for purposes of the Civil Justice Reform Act reporting requirements, until the resolution of United States v. Keslinke, CR 14-00237 JST;

IT IS FURTHER ORDERED this case still exists on the docket of the district court and may be reopened upon request of the United States or Anthony Keslinke or on the court's own motion.

IT IS SO ORDERED.