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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 – NOVEMBER 13, 2012

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, Richard L. Hathaway and Christine E. 

Kenney, and in compliance with Magistrate Judge Shaffer’s May 21, 2012 Minute Order 

(Doc. 55), submits the following Status Report.

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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. 

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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 March 12, 2012, the Court granted an Order Authorizing the 

Interlocutory Sale of defendant Cole Street. (Doc. 40). However, before the United 

States could sell defendant Cole Street, claimant George Magnani recorded a civil 

judgment against Marie Dalton on defendant Cole Street; thus, preventing the United 

States from being able to provide a clean title to any future buyer and, therefore, 

preventing any future sale of defendant Cole Street until Claimant Magnani’s claim is 

resolved.

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5. On April 12, 2012, claimant George Magnani filed a claim as to defendant 

Cole Street. (Doc. 47).

6. 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). 

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

defendant 2008 Toyota Highlander. (Doc. 56). As outlined in that motion, because no 

third parties have filed a timely claim as to this defendant, an order of default may be 

entered. 

 2 The United States intends to further consult with counsel for Claimant Magnani, regarding their 

consent to interlocutory sale as the property is currently costing approximately $350.00 a month 

to maintain. Claimant Magnani has previously not responded to the government’s request for 

his position on this matter.

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8. The related criminal case is currently scheduled for a three-week trial to 

begin on March 4, 2013. All pre-trial motions are currently due by December 7, 2012. 

Pending those dates, the United States is involved in plea negotiations with both 

defendants, Richard Dalton and Marie Dalton.

9. Accordingly, the United States intends to move for an extension of the 

stay in this case by November 17, 2012. 

DATED this 13th day of November, 2012.

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

s/ Richard L. Hathway

rich.hathaway@usdoj.gov

s/ Christine E. Kenney

christine.kenney@usdoj.gov

Special Attorneys

444 SE Quincy, Suite 290

Topeka, KS 66683

Telephone: (785) 295-2850

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CERTIFICATE OF SERVICE

I hereby certify that on this 13th day of November, 2012, 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

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