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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02106-PAB-CBS

UNITED STATES OF AMERICA,

Plaintiff,

v.

927 COLE STREET, GOLDEN, COLORADO, and

2008 TOYOTA HIGHLANDER, VIN # JTEES42A182076495,

Defendants.

______________________________________________________________________

STATUS REPORT – JUNE 7, 2013

______________________________________________________________________

The United States of America, by and through Attorney General of the United 

States Eric Holder, Barry R. Grissom, United States Attorney for the District of Kansas, 

through Special Attorneys, Tonya S. Andrews, and in compliance with Magistrate Judge 

Shaffer’s May 22, 2013 Minute Order (Doc. 66), submits the following Status Report.1

1. On August 11, 2011, the United States filed a Verified Complaint for 

Forfeiture In Rem against the above defendants. (Doc. 1).

2. On September 21, 2011, Marie Dalton, a title owner of defendant 927 Cole 

Street, Golden, Colorado (defendant Cole Street), filed a claim as to defendant Cole 

Street. (Doc. 16). 

 1 The United States notes that many other pleadings and events other than those articulated 

herein have occurred in this case. However, in an effort to be brief, the United States has only 

referenced those pleadings it believes are necessary to give the Court an accurate and useful 

status of the case. 

Case No. 1:11-cv-02106-PAB-CBS Document 67 filed 06/07/13 USDC Colorado pg 1 of 3
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3. On January 18, 2012, Richard Dalton signed a Consent to Forfeiture, 

waiving any rights to the defendant assets. (Doc. 39).

4. On May 16, 2012, the United States moved to stay the proceedings in this 

matter in light of the related criminal case, United States v. Richard Dalton, et al, 11-cr430-CMA. (Doc. 53). On May 21, 2012, the Court granted the motion to stay and 

stayed these proceedings for 180 days, that is until November 17, 2012. (Doc. 55). 

5. On June 29, 2012, the United States filed a motion for default as to 

defendant 2008 Toyota Highlander. (Doc. 56). On February 5, 2013, the Court 

entered an Order for default judgment as to defendant 2008 Toyota Highlander. (Doc. 

63). On February 7, 2013, the Clerk of the Court entered a Judgment as to Final Order 

of Forfeiture for defendant 2008 Toyota Highlander. (Doc. 64). Accordingly, defendant 

927 Cole Street, Golden, Colorado is the only remaining asset pending in this case.

6. On November 15, 2012, the United States filed an Unopposed Motion to 

Extend the Stay of the Proceedings. (Doc. 60).

7. On November 19, 2012, the Court granted the stay until the criminal case 

was resolved. (Doc. 62).

8. In the related criminal case, defendant Richard Dalton and Marie Dalton, 

individually, entered into plea agreements. Both of the defendants agreed to the 

forfeiture of defendant 927 Cole Street, Golden, Colorado and other assets in their

respective plea agreements. However, the criminal forfeiture does not become final as 

to the defendants Richard and Marie Dalton until sentencing.

Case No. 1:11-cv-02106-PAB-CBS Document 67 filed 06/07/13 USDC Colorado pg 2 of 3
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9. The sentencing hearings in the related criminal case are currently 

scheduled for June 10, 2013. 

10. Accordingly, the United States intends to move to lift the stay shortly after 

the sentencing hearings in the related criminal case. 

DATED this 7th day of June, 2013.

Respectfully submitted,

ERIC H. HOLDER, JR.

ATTORNEY GENERAL OF THE UNITED STATES

&

BARRY R. GRISSOM, # 10866

UNITED STATES ATTORNEY

DISTRICT OF KANSAS

barry.grissom@usdoj.gov

By:

s/ Tonya S. Andrews

tonya.andrews@usdoj.gov

Special Attorney

1225 17th Street, Suite 700

Denver, CO 80202

Telephone: (303) 454-0210

CERTIFICATE OF SERVICE

I hereby certify that on this 7th day of June, 2013, I electronically filed the 

foregoing with the Clerk of Court using the ECF system which will send notice to all 

counsel of record.

s/ Tonya S. Andrews

Special Attorney

1225 17th Street, Suite 700

Denver, CO 80202

Telephone: (303) 454-0210

Case No. 1:11-cv-02106-PAB-CBS Document 67 filed 06/07/13 USDC Colorado pg 3 of 3