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1

McGREGOR SCOTT 

United States Attorney

KRISTIN S. DOOR, SBN 84307

Assistant U.S. Attorney

501 I Street, Suite 10-100

Sacramento, CA 95814

Telephone: (916)554-2723

Facsimile: (916)554-2900

Attorney for Plaintiff

IN THE UNITED STATES DISTRICT COURT FOR THE

EASTERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA, ) 2:04-CV-1867 WBS/JFM 

)

Plaintiff, ) JOINT REQUEST FOR STAY

) AND ORDER THEREON

v. )

)

REAL PROPERTY LOCATED AT 2363 )

FAIRVIEW LANE, PLACER COUNTY, )

NEWCASTLE, CALIFORNIA, BEARING )

APN:032-253-036, INCLUDING ALL )

APPURTENANCES AND IMPROVEMENTS ) DATE: N/A

THERETO, ) TIME: N/A

) COURTROOM: N/A

REAL PROPERTY LOCATED ON LINCOLN )

STREET, PLACER COUNTY, ROSEVILLE, )

CALIFORNIA, BEARING )

APN: 012-200-010, INCLUDING ALL )

APPURTENANCES AND IMPROVEMENTS )

THERETO, )

)

Defendants. )

___________________________________)

Plaintiff United States of America and claimants Richard

Ryan, Barbara Ryan, City of Roseville Redevelopment Agency, and

American River Bank [hereafter “Claimants”], by and through their

respective counsel, hereby stipulate that a stay is necessary

with respect to the proceedings involving the real property

located on Lincoln Street, Roseville, California, and request

that the Court enter an order staying all further proceedings

Case 2:04-cv-01867-WBS -JFM Document 57 Filed 01/17/06 Page 1 of 5
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28 Richard Marino is not a claimant in these proceedings. 1

2

with respect to the Lincoln Street property (except as provided

below in ¶ 4 with respect to Barbara Ryan. The parties to the

stipulation do not intend that this stay affect the proceedings

regarding the real property located at 2363 Fairview Lane,

Newcastle, California. 

1. Claimants Richard Ryan and Barbara Ryan each filed a

Claim on November 5, 2004, and filed an Answer to the Verified

Complaint For Forfeiture In Rem on November 24, 2004. Claimant

American River Bank filed its Claim and Answer to the Verified

Complaint on September 30, 2004. Claimant City of Roseville

Redevelopment Agency filed its Claim and Answer to the Verified

Complaint on October 7, 2004. No other parties have filed a

claim in this forfeiture action to the Lincoln Street property.

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 with respect

to the Lincoln Street property. The United States contends that

the Lincoln Street property is forfeitable to the United States

pursuant to 21 U.S.C. § 881(a)(7) because a so-called "medicinal

marijuana" dispensary was being operated on the premises by

Richard Marino dba Capitol Compassionate Care (“CCC”). A 1

criminal investigation concerning CCC, in which Mr. Marino is a

target, is currently underway. The Lincoln Street property was

leased to Mr. Marino by claimant Richard Ryan. Claimants Richard

Ryan and Barbara Ryan have asserted ownership interests in the

property. The United States intends to subpoena Richard Ryan to

appear for a deposition so the United States can question him

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3

about various topics, including but not limited to his knowledge

as to whether Richard Marino was operating a marijuana dispensary

on the Lincoln Street property and his involvement, if any, in

the operation of the business. Counsel for Mr. Ryan has informed

counsel for the government that, based upon information counsel

for Mr. Ryan has received, Mr. Ryan would invoke his privileges

under the Fifth Amendment if his deposition were conducted. 

3. In addition, Claimants Richard Ryan and Barbara Ryan

intend to depose Special Agents from the Drug Enforcement

Administration who have been involved in the investigation of

Richard Marino. On October 31, 2005, the United States was

served with deposition notices for four Drug Enforcement

Administration agents and two local law enforcement officers. 

The depositions are noticed for December 9, December 16, and

December 21, 2005. Allowing depositions of the law enforcement

investigators involved in the Marino investigation would

adversely affect the ability of the government to properly

investigate and possibly prosecute the Marino case.

4. The parties to this stipulation agree that the

deposition of Barbara Ryan can go forward on a date mutually

acceptable to the parties. The parties are not concerned that

Barbara Ryan will incriminate herself if she testifies. 

According to the Status (Pretrial Scheduling) Order signed by

this court on April 13, 2005, all discovery is to be completed by

January 16, 2005. The parties will depose claimant Barbara Ryan

before January 16, 2006. 

5. For the foregoing reasons, the parties jointly request

that this matter be stayed initially for a period of six months. 

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4

If at the end of six months no charges have been filed against

any individual, discovery will commence again and the parties

will seek a new scheduling order from this court. Conversely, if

charges have been filed, the parties will then evaluate whether a

further stay is necessary.

Dated: 1/12/06 McGREGOR W. SCOTT

United States Attorney

By

/s/ Kristin S. Door

KRISTIN S. DOOR

Assistant U.S. Attorney

Attorneys for Plaintiff

Dated: 1/12/06

/s/ Kristin S. Door for

VICTOR S. HALTOM

Attorney for Claimants 

Richard Ryan and Barbara Ryan

Dated: 1/10/06 DUTRA & OATES

By /s/ Paul J. Dutra

PAUL J. DUTRA

Attorneys for claimant

American River Bank

Dated: MARK J. DOANE

City Attorney

/s/ Michelle Sheidenberger

MICHELLE SHEIDENBERGER

Associate City Attorney

Attorneys for the City of Roseville

Redevelopment Agency

(Original signatures retained by

attorney)

//

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ORDER

Pursuant to the stipulation of the parties and good cause

having been shown, discovery with respect to the Lincoln Street

property is stayed until _July 14, 2006____, except that

plaintiff may depose claimant Barbara Ryan on a mutually

agreeable date prior to January 16, 2006. 

IT IS SO ORDERED.

Dated: January 12, 2006

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