Free Pretrial Order - District Court of Colorado - Colorado

Case 1:04-cv-00125-RPM-CBS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No.

04-cv-0125-RPM-CBS

UNITED STATES OF AMERICA, Plaintiff, v. 770 LOOP ROAD, LEADVILLE, COLORADO 80461, $10,846.00 IN UNITED STATES CURRENCY, and $6,546.06 IN UNITED STATES CURRENCY, Defendants, SCOTT GORDON, Claimant. ______________________________________________________________________________ FINAL PRETRIAL ORDER ______________________________________________________________________________ 1. DATE AND APPEARANCES The Final Pretrial Conference was held on March 20, 2006 at 9:30 a.m. Representing the United States was Assistant United States Attorney James S. Russell. Representing claimant Scott Gordon was Dennis Hartley, Esq. 2. JURISDICTION This Court has jurisdiction in this civil forfeiture action pursuant to 28 U.S.C. §§1345 and 1355. 3. CLAIMS AND DEFENSES a. United States: 1

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The United States seeks forfeiture of Defendant 770 Loop Road and Defendant currency as involved in and as the proceeds of the illegal marijuana growing and distribution operation of claimant Scott Gordon. One hundred seven growing marijuana plants, in varying stages of growth and size, extensive marijuana growing materials and equipment, and up to ten pounds of dried marijuana were found in Defendant Loop Road property. Claimant Scott Gordon pleaded guilty in state court to possession of over eight ounces of marijuana. b. Claimant Scott Gordon: Claimant Gordon asserts ownership of Defendant real property and currency, alleges that he conducted a marijuana grow operations, but not distribution, further alleges that the search was illegal, and asks that there be no forfeiture. c. Aurora Loan Services: Aurora Loan Services services the mortgage loan of Defendant Loop Road property on behalf of Lehman Brothers Bank, FSB. The United States and Aurora Loan Services have entered into a Stipulated Expedited Settlement Agreement, a copy of which was filed with this Court on August 25, 2005. It is not anticipated that Aurora Loan Services will participate in the trial. 4. STIPULATIONS a. This Court has jurisdiction. b. Venue is proper. c. d. e. The description of defendant assets is accurate. Defendant currency was seized. Multiple marijuana plants and marijuana grow equipment were found in Defendant 2

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Loop Road property. f. g. Claimant Scott Gordon cultivated marijuana at Defendant Loop Road property. Claimant Scott Gordon pleaded guilty in state court to possession of over eight

ounces of marijuana. 5. PENDING MOTIONS None. 6. WITNESSES FOR THE UNITED STATES a. Nonexpert witnesses: (1) Witnesses who will be present at trial: Special Agent Vince Sanchez Drug Enforcement Administration 115 Inverness Drive East Englewood, Colorado 80112 Testimony - Investigation of claimant Gordon' marijuana s operation; search of Defendant 770 Loop Road, Leadville, Colorado. Lake County Sheriff Ed Holt P.O. Box 255 Leadville, Colorado 80461 Testimony - Investigation of claimant Gordon' marijuana s operation; search of Defendant 770 Loop road, Leadville, Colorado. Lake County Deputy Sheriff Amy Reyes P.O. Box 255 Leadville, Colorado 80461 Testimony - Investigation of claimant Gordon' marijuana s operation; search of Defendant 770 Loop road, Leadville, 3

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Colorado.

Scott Gordon 770 Loop Road Leadville, Colorado Testimony - Marijuana operation at Defendant 770 Loop Road. Robert Einung 770 Loop Road Leadville, Colorado Testimony - Marijuana operation at Defendant 770 Loop Road. Clifford Daigle Leadville, Colorado Testimony - Marijuana operation of Scott Gordon. Michael Flynn Leadville, Colorado Testimony - Marijuana operation of Scott Gordon.

Julie Washburn Leadville, Colorado Testimony - Marijuana operation of Scott Gordon. Any witness endorsed by claimant. (2) Witnesses who may be present at trial if the need arises: Lake County Deputy Sheriff Mark Werts P.O. Box 603 152 Walden St. Center, Colorado 81125

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Testimony - Investigation of claimant Gordon' marijuana s operation; search of Defendant 770 Loop road, Leadville, Colorado. Colorado State Patrol Sgt. Tom Ivonella 617 Raton Ave. La Junta, Colorado 81050 Testimony - Investigation of claimant Gordon' marijuana s operation; search of Defendant 770 Loop road, Leadville, Colorado. Colorado State Trooper Clay Lebet 393 Riverside Parkway, Suite B Evans, Colorado 80620 Testimony - Investigation of claimant Gordon' marijuana s operation; search of Defendant 770 Loop road, Leadville, Colorado. (3) deposition: None FOR CLAIMANT SCOTT GORDON (1) Witnesses who will be present at trial. Any witness endorsed by the United States. (2) Witnesses who may be present at the trial if the need arises. Deputy Kenny Ryan Lake County Sheriff' Office s P.O. Box 255 Leadville, Colorado 80461 Daryl Sparkman 316 Alder Leadville, Colorado 80461 Witnesses where testimony is expected to be presented by means of a

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Geoff Miller 211 W. 4th Street Leadville, Colorado 80461

(3) deposition.

Witnesses where testimony is expected to be presented by means of a

None b. List the expert witnesses to be called by each party.

FOR THE UNITED STATES (1) Witnesses who will be present at trial: Amy J. Beatty, or Representative of Colorado Bureau of Investigation. Lab No. D-033026. (2) Witnesses who may be present at trial: None. (3) deposition. None. Witnesses where testimony is expected to be presented by means of a

FOR CLAIMANT SCOTT GORDON (1) Witnesses who will be present at trial: None

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(2)

Witnesses who may be present at trial: None

(3) deposition.

Witnesses where testimony is expected to be presented by means of a

None. 7. EXHIBITS (1) Plaintiff - United States a. Court documents (Complaint and Docket Judgment) People v. Scott Gordon, Lake County District Court Case No. 03-CR-98. b. Amended Verified Complaint. c. Claimant Gordon' Answer to Verified Complaints. s d. Photographs of Loop Road property taken during search, showing marijuana operation. e. Claimant Scott Gordon' Response to plaintiff' First Set of Interrogatories, s s Requests for Admission, and Requests for Production of Documents. f. Deposition of Scott Gordon, September 6, 2005. g. Deposition of Robert Einung, September 8, 2005. h. Inventory of items seized in search of Defendant 770 Loop Road. i. Inventory of denominations of currency seized. j. Corporate documents - White Knuckle Inc. k. 2002 White Knuckle Inc., tax return form 1120. l. Internal Revenue Service Form 1040 for claimant Scott Gordon, 1998 - 2002. 7

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m. Internal Revenue Service information for claimant Scott Gordon, 1998 - 2002. n. Receipt from The Grow Store. o. Claimant Gordon' letter to the Leadville Chronicle. s p. Lab report on seized marijuana - Colorado Bureau of Investigation. Lab No. D-03-3026. q. Any exhibit listed by claimant Scott Gordon (2) Claimant Scott Gordon a. Closing and mortgages documents for Defendant 770 Loop Road. b. Credit card documents. c. Loan documents for Defendant 770 Loop Road. d. Any exhibit listed by the United States.

(3)

None

b. Copies of listed exhibits must be provided to opposing counsel and any pro se party no later than five days after the final pretrial conference. The objections contemplated by Fed. R. Civ. P. 26(a)(3) shall be filed with the clerk and served by hand delivery or facsimile no later than 11 days after the exhibits are provided.

8. DISCOVERY Discovery has been completed. 9. SPECIAL ISSUES None. 10. SETTLEMENT a. Counsel for the parties have met in person and spoken by telephone numerous

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times, most recently March 14, 2006, to discuss in good faith the settlement of the case. b. The parties in the settlement conference included counsel.

c. The parties were promptly informed of all offers for settlement. d. Counsel for the parties do intend to hold future settlement conferences. e. It appears from the discussions by all counsel that there is some possibility of settlement. f. The date of the next settlement conference before the magistrate judge or other alternative dispute resolution method - none. A settlement conference with the Magistrate Judge is set for March 23, 2006 at 3:30 pm. g. Counsel for the parties considered ADR in accordance with D.C.COLO.LCivR.16.6. 11. OFFER OF JUDGMENT Counsel acknowledge familiarity with the provision of Rule 68 (Offer of Judgment) of the Federal Rules of Civil Procedure. Counsel have discussed it with the clients against whom claims are made in this case. 12. EFFECT OF FINAL PRETRIAL ORDER Hereafter, this Final Pretrial Order will control the subsequent course of this action and the trial, and may not be amended except by consent of the parties and approval by the court or by order of the court to prevent manifest injustice. The pleadings will be deemed merged herein. This Final Pretrial Order supersedes the Scheduling Order. In the event of ambiguity in any provision of this Final Pretrial Order, reference may be made to the record of the pretrial conference to the extent reported by stenographic notes and to the pleadings. 9

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13. TRIAL AND ESTIMATED TRIAL TIME; FURTHER TRIAL PREPARATION PROCEEDINGS Trial to the Court is anticipated to last three days in front of Judge Richard Matsch in Denver, Colorado. DATED this 20th day of March 2006.

BY THE COURT:

s/ Craig B. Shaffer United States Magistrate Judge

APPROVED:

s:James S. Russell James S. Russell Assistant United States Attorney James S. Russell 1225 17th Street, Suite 700 Denver, Colorado (303) 454-0100 Fax: (303) 454-0100 Email: [email protected] Attorney for Plaintiff

s:Dennis W. Hartley Dennis Hartley, Esq. 1749 South Eight Street, Suite 5 Colorado Springs, Colorado (719) 635-5521 Fax: 719-635-5760 Email:[email protected] Attorney for Defendant

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