United States of America v. Approximately $9,990.00 in U.S. Currency

Filing 14

ORDER signed by Chief Judge Morrison C. England, Jr on 1/24/2014 ORDERING the deadline to file a joint status report is CONTINUED to 5/1/2014. (Donati, J)

1 BENJAMIN B. WAGNER
United States Attorney
2 JEFFREY A. SPIVAK
Assistant U.S. Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
5 Attorneys for the United States
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Plaintiff,

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2:13-CV-02452-MCE-DAD
REQUEST AND ORDER TO
EXTEND DEADLINE TO FILE
JOINT STATUS REPORT

v.
APPROXIMATELY $9,900.00 IN U.S.
CURRENCY,
Defendant.

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The United States requests that the Court continue the deadline to file a Joint

19 Status Report (“JSR”) from January 31, 2014 to May 1, 2014. For the reasons set forth
20 below, there is good cause to continue the deadline to file a JSR.
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Introduction
On November 25, 2013, the United States filed a civil forfeiture complaint against

23 the above-captioned currency (“defendant currency”) based on its alleged involvement in
24 federal drug law violations. All known potential claimants to the defendant properties
25 were served in a manner consistent with Dusenbery v. United States, 534 U.S. 161, 168
26 (2002) and the applicable statutory authority. Additionally, public notice on the official
27 internet government forfeiture site, www.forfeiture.gov, began on November 30, 2013,
28 and ran for thirty consecutive days, as required by Rule G(4)(a)(iv)(C) of Supplemental
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Request and Proposed Order to Extend the Deadline to File a
Joint Status Report and Vacate Status Conference

1 Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions. A Declaration of
2 Publication was filed on December 30, 2013.
Good Cause

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The United States has provided notice to all potential claimants pursuant to law.

5 Potential claimants Theodore Mihos and Travis Bookout have not filed a claim and the
6 time to file a claim has expired.
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The United States intends to request a Clerk’s Default against Theodore Mihos

8 and Travis Bookout and file a motion for default judgment and final judgment of
9 forfeiture. Such filings, if/when granted, would terminate the case.
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No other party has entered this case.

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For these reasons, the United States seeks to continue the deadline to file a Joint

12 Status Report to May 1, 2014 (or to another date the Court deems appropriate).
13 Dated:

1/23/2014

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BENJAMIN B. WAGNER
United States Attorney
By:

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/s/ Jeffrey A. Spivak
JEFFREY A. SPIVAK
Assistant U.S. Attorney

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ORDER

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Pursuant to the United States’ request and good cause appearing, the deadline to

21 file a Joint Status Report currently set for January 31, 2014, is hereby continued to May
22 1, 2014.
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IT IS SO ORDERED.

24 Dated: January 24, 2014
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Request and Proposed Order to Extend the Deadline to File a
Joint Status Report and Vacate Status Conference