United States of America v. Approximately $9,000.00 in U.S. Currency

Filing 10

ORDER signed by Chief Judge Morrison C. England, Jr on 7/8/14 ORDERING Good cause having been shown, the deadline to file a Joint Status Report currently set for July 3, 2014 is continued to October 2, 2014.(Becknal, R)

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
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

UNITED STATES OF AMERICA,

12

Plaintiff,

13
14
15
16

2:14-CV-01076-MCE-DAD
REQUEST AND ORDER TO
EXTEND DEADLINE TO FILE
JOINT STATUS REPORT

v.
APPROXIMATELY $9,000.00 IN U.S.
CURRENCY,
Defendant.

17
18

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

19 Status Report (“JSR”) from July 3, 2014 to October 2, 2014. For the reasons set forth
20 below, there is good cause to continue the deadline to file a JSR.
Introduction

21
22

On April 30, 2014, the United States filed a civil forfeiture complaint against the

23 above-captioned currency (“Defendant Currency”) based on its alleged involvement in
24 federal drug law violations.
25

All known potential claimants to the defendant properties were served in a manner

26 consistent with Dusenbery v. United States, 534 U.S. 161, 168 (2002) and the applicable
27 statutory authority. Additionally, public notice on the official internet government
28 forfeiture site, www.forfeiture.gov, began on May 13, 2014, and ran for thirty consecutive
29

1

Request and Order to Extend the Deadline to File a Joint Status
Report and Vacate Status Conference

1 days, as required by Rule G(4)(a)(iv)(C) of Supplemental Rules for Admiralty or Maritime
2 Claims and Asset Forfeiture Actions. A Declaration of Publication was filed on July 1,
3 2014.
4

On June 6, 2014, Beverly Faille (“Faille”) filed a claim to the Defendant Currency.

5 No other party has entered this case.
6

The United States has attempted to contact Faille to resolve this case and/or file a

7 JSR. To date, however, the United States has been unsuccessful. Faille is preceding pro
8 se, lives in Massachusetts, and has not provided a telephone number or email address.
9 The United States therefore requests an extension of 90 days, until October 2, 2014, to
10 file a JSR.
Good Cause

11
12

For these reasons stated herein, the United States believes there is good cause to

13 continue the deadline to file a JSR to October 2, 2014 (or to another date the Court deems
14 appropriate).
15 Dated: 7/2/2014
16

By:

17
18
19
20

BENJAMIN B. WAGNER
United States Attorney
/s/ Jeffrey A. Spivak
JEFFREY A. SPIVAK
Assistant U.S. Attorney

ORDER
Good cause having been shown, the deadline to file a Joint Status Report currently
set for July 3, 2014 is continued to October 2, 2014.

21

IT IS SO ORDERED.
22 Dated: July 8, 2014
23
24
25
26
27
28
29

2

Request and Order to Extend the Deadline to File a Joint Status
Report and Vacate Status Conference