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McGREGOR W. 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

Attorney for Plaintiff

IN THE UNITED STATES DISTRICT COURT FOR THE 

EASTERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

Plaintiff,

v.

REAL PROPERTY LOCATED AT 11550

MUSHROOM TRAIL, GRASS VALLEY,

NEVADA COUNTY, CALIFORNIA, APN:

53-130-31, INCLUDING ALL

APPURTENANCES AND IMPROVEMENTS

THERETO,

Defendant.

CIV. S-04-2470 LKK/KJM

STIPULATION FOR PROTECTIVE

ORDER AND ORDER

Date: June 1, 2005

Time: 10:00 a.m.

Courtroom: #26

DAVID McELVAIN,

 Claimant.

Plaintiff United States of America and claimant David McElvain

hereby stipulate to the following protective order:

1. Claimant David McElvain [hereafter "claimant"] is the

owner of the defendant real property.

2. Plaintiff United States of America has served discovery

requests on claimant, and intends to depose him, in connection with

this civil forfeiture action.

3. Responding to the plaintiff's discovery requests may

cause claimant to incriminate himself, but asserting his Fifth

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Amendment right against self-incrimination would substantially

interfere with his ability to contest this forfeiture action. 

4. Plaintiff agrees that no testimony or documents claimant

produces in this civil forfeiture action, whether by way of

discovery responses, deposition testimony, or trial testimony,

shall be used by federal, state, or local authorities in connection

with any criminal prosecution. 

5. Plaintiff agrees not to provide discovery documents,

discovery responses, or deposition or trial testimony to any

federal, state, or local prosecutor for use in a criminal

prosecution, and agrees that this material shall be used only for

the purposes of the prosecution, defense, or settlement of this

action, and for no other purpose.

6. Claimant understands that the material produced in

discovery may be reviewed by paralegal or secretarial staff in the

U.S. Attorney's Office or by law enforcement agents (federal,

state, or local) solely for purposes of the prosecution, defense,

or settlement of this civil forfeiture action, and for no other

purpose. 

7. Nothing in this stipulation is intended to prevent a

federal, state, or local law enforcement officer from attending

claimant's deposition or the deposition of any witness. 

8. Nothing in this stipulation is intended to prevent the

plaintiff from filing claimant's discovery responses or deposition

testimony in court as exhibits to a motion such as a motion for

summary judgment or motion to compel discovery, provided however

that plaintiff will request said filings to be sealed.

 //

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9. This order shall survive the final disposition of this

case, and the Court shall retain jurisdiction to resolve any

dispute concerning the use of information produced hereunder. 

Dated: May 24, 2005 McGREGOR W. SCOTT

United States Attorney

By: /s/ kdoor 

KRISTIN S. DOOR

Assistant U.S. Attorney

(Original signature on file

in attorney's office)

Dated: May 24, 2005 /s/ Victor C. Haltom 

VICTOR S. HALTOM

Attorney for claimant

David McElvain

(Original signature on file

in attorney's office)

IT IS SO ORDERED.

Dated: June 23, 2005.

______________________________________

UNITED STATES MAGISTRATE JUDGE

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