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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, ) 2:05-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 further stay of

discovery 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

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28 Richard Marino is not a claimant in these proceedings. 1

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further discovery with respect to the Lincoln Street property. 

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. 

This Court had previously ordered a stay until July 14,

2006. For the reasons set forth below, the parties request a

further stay until the conclusion of the criminal case now

pending against Richard Marino (U.S. v. Richard Marino, Cr. S0009 LKK). Trial in that matter is currently scheduled to

commence on October 11, 2006.

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”). The 1

Lincoln Street property was leased to Mr. Marino by claimant

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3

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 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 at this time. 

3. On January 12, 2006, a 19-count indictment was returned

against Richard Marino on a variety of drug and money laundering

charges. Many of those charges relate to the distribution of

marijuana from the defendant real property on Lincoln Street in

Roseville.

4. In addition, Claimants Richard Ryan and Barbara Ryan

intend to depose Special Agents from the Drug Enforcement

Administration who were involved in the investigation of Richard

Marino. Allowing depositions of the law enforcement

investigators involved in the Marino investigation would

adversely affect the ability of the government to properly

prosecute the Marino case set for trial October 11, 2006.

5. In accordance with the previous Stipulation and Order

for Stay, plaintiff deposed claimant Barbara Ryan on January 13,

2006.

6. For the foregoing reasons, the parties jointly request

that this matter be stayed until the conclusion of the criminal

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case now pending against Richard Marino. 

Dated: August 15, 20006 McGREGOR W. SCOTT

United States Attorney

By

/s/Kristin S. Door

KRISTIN S. DOOR

Assistant U.S. Attorney

Attorneys for Plaintiff

Dated: August 15, 2006

/s/Victor S. Haltom

VICTOR S. HALTOM

Attorney for Claimants 

Richard Ryan and Barbara Ryan

Dated: August 15, 2006 DUTRA & OATES

By /s/ Paul J. Dutra

PAUL J. DUTRA

Attorneys for claimant

American River Bank

Dated: August 15, 2006 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 for the United States)

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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 the conclusion of the proceedings in

U.S. v. Marino, 2:06-CR-0009 LKK. 

IT IS SO ORDERED.

Dated: August 15, 2006

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