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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 – MARCH 22, 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 November 19, 2012 Minute Order (Doc. 62), 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. 

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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.2

 

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 On November 20, 2012, the United States emailed counsel for Claimant Magnani, regarding 

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

month to maintain and sent a proposed motion and order. Counsel has not responded with a 

position. The United States will attempt to consult further with opposing counsel in light of the 

continuing rising costs to maintain custody and lack of occupancy of the defendant property. 

Case No. 1:11-cv-02106-PAB-CBS Document 65 filed 03/22/13 USDC Colorado pg 2 of 4
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8. On November 15, 2012, the United States filed an Unopposed Motion to 

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

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

was resolved. (Doc. 62).

10. 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. 

11. On February 21, 2013, in the related criminal case, defendant Richard 

Dalton and Marie Dalton, individually, entered into a plea agreement. 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.

12. The sentencing hearings in the related criminal case are currently 

scheduled for May 15, 2013. 

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

the sentencing hearings in the related criminal case. 

DATED this 22nd day of March, 2013.

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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 22nd day of March, 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

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