United States of America v. Real Property located at 136 Sconce Way, Sacramento, California, Sacramento County, APN: 263-0327-002-0000 et al

Filing 15

ORDER signed by District Judge Troy L. Nunley on 12/23/14. The time to file a joint status report is extended to 3/19/15. (Manzer, C)

1 BENJAMIN B. WAGNER
United States Attorney
2 KEVIN C. KHASIGIAN
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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2:14-CV-01648-TLN-KJN

Plaintiff,
REQUEST AND ORDER TO EXTEND
DEADLINE TO FILE JOINT STATUS
REPORT

v.
REAL PROPERTY LOCATED AT 136
SCONCE WAY, SACRAMENTO,
CALIFORNIA, SACRAMENTO COUNTY,
APN: 263-0327-002-0000, INCLUDING ALL
APPURTENANCES AND IMPROVEMENTS
THERETO, and

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REAL PROPERTY LOCATED AT 3723 IVY
STREET, SACRAMENTO, CALIFORNIA,
SACRAMENTO COUNTY, APN: 252-0111007-0000, INCLUDING ALL
APPURTENANCES AND IMPROVEMENTS
THERETO,
Defendants.

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

24 (“JSR”) from December 19, 2014 to March 19, 2015. For the reasons set forth below, there is good
25 cause to continue the deadline to file a JSR.
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Introduction
On July 11, 2014, the United States filed a civil forfeiture complaint against the above-

28 captioned real properties (“defendant properties”) based on their alleged involvement in federal drug
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Request and Order to Extend the
Deadline to File a Joint Status Report

1 law violations. All known potential claimants to the defendant currency were served in a manner
2 consistent with Dusenbery v. United States, 534 U.S. 161, 168 (2002) and the applicable statutory
3 authority. Additionally, public notice on the official internet government forfeiture site,
4 www.forfeiture.gov, began on September 17, 2014, and ran for thirty consecutive days, as required by
5 Rule G(4)(a)(iv)(C) of Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture
6 Actions. A Declaration of Publication was filed on October 17, 2014.
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Good Cause

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

9 claimants Curtis Phillips and Michelle Davis Phillips have not filed a claim and the time to file a claim
10 has expired.
Clerk’s Defaults have been entered against Curtis Phillips and Michelle Davis Phillips and the

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12 United States has filed a motion for default judgment and final judgment of forfeiture against all
13 potential claimants. 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 Status Report

16 to March 19, 2015 (or to another date the Court deems appropriate).
17 Dated: 12/19/2014

BENJAMIN B. WAGNER
United States Attorney

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By:
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/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney

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ORDER

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Pursuant to the United States’ request and good cause appearing, the Court makes the following

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23 order:
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The deadline to file a Joint Status Report currently due on December 19, 2014 is extended to

25 March 19, 2015.
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IT IS SO ORDERED.

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Dated: December 23, 2014
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Troy L. Nunley
United States District Judge
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Request and Order to Extend the
Deadline to File a Joint Status Report