United States District Court, D. Colorado
Laura B. Hurd Assistant United States Attorney United States Attorney’s Office Attorney for Plaintiff United States
Jason C. Eley, Esq. Tucker Burns Yoder & Hatfield Attorney for Claimant Margaret Spencer
STIPULATED SCHEDULING AND DISCOVERY ORDER
JOHN L. KANE, Senior Judge United States District Court
1. DATE OF CONFERENCE
The date of the Scheduling and Discovery Conference will occur on February 18, 2016, at 10:00 a.m.
2. STATEMENT OF CLAIMS AND DEFENSES
Do not quote from the complaint, answer or other pleading. State concisely and without boilerplate the essence of your case. Include the specific basis for the court’s jurisdiction.
a. Plaintiff’s statement:
The United States seeks forfeiture of defendant 905 Hallett Circle, Farmington, New Mexico, 87401, pursuant to 21 U.S.C. § 881(a)(7), as defendant 905 Hallett Circle was used, or intended to be used, to commit, or to facilitate the commission of a violation of 21 U.S.C.
§ 801, et seq. The Court has jurisdiction pursuant to 28 U.S.C. §§ 1345 and 1355, as some of the acts giving rise to forfeiture occurred in the District of Colorado. More specifically, defendant 905 Hallett Circle was used by Loyd Groomer to sell and store methamphetamine as part of a drug conspiracy occurring in southern Colorado and northern New Mexico.
b. Claimant’s statement:
Defendant 905 Hallett Circle, Farmington, New Mexico was not used, or intended to be used, to commit, or to facilitate the commission of a violation of 21 U.S.C.
§ 801. In the alternative, even if Defendant 905 Hallett Circle was used to commit or facilitate a violation of 21 U.S.C.
§ 801, no acts or occurrences occurred at 905 Hallett Circle in relation to any events giving rise to Jurisdiction in the District of Colorado pursuant to 28 U.S.C. §§ 1345 and 1355. In addition, claimant was a bona fide purchaser of 905 Hallett Circle pursuant to 21 U.S.C. § 853.
c. Other Parties’ statement: There are no other parties.
3. UNDISPUTED FACTS
The following facts are undisputed:
a. The defendant property is described as 905 Hallett Circle, Farmington, New Mexico, 87401, more specifically, Lot Six (6) of the Hicks Subdivision No. 1, as shown on the plat of said county of San Juan, State of New Mexico. It is titled in the name of Margaret A. Spencer and is unencumbered.
b. Defendant 905 Hallett Circle was previously owned by the Christine L. Groomer Living Trust. On March 4, 2013, Successor Co-Trustees of the Christine Groomer Living Trust, Margaret Spencer and Loyd Groomer transferred title to Loyd Groomer. On March 20, 2014, after Loyd Groomer’s arrest, he transferred defendant 905 Hallett Circle back to Successor Co-trustee, Margaret Spencer.
c. On or about September 29, 2015, Margaret Spenser explained the succession of ownership for defendant 905 Hallett Circle, during an interview.
4. COMPUTATION OF DAMAGES
a. The relief sought by the Plaintiff is an Order of Forfeiture, forfeiting defendant 905 Hallett Circle, Farmington, New Mexico to the United States, to be disposed of in accordance with law.
b. Claimant seeks reasonable attorney fees and other litigation costs reasonably incurred by the claimant and post-judgment interest pursuant to 28 U.S.C. §
5. REPORT OF PRE-CONFERENCE DISCOVERY & MEETING UNDER Fed.R.Civ.P. ...