United States of America v. Approximately $16,750.00 in U.S. Currency et al

Filing 18

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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2:14−CV−01661−TLN−KJN

UNITED STATES OF AMERICA,
Plaintiff,

REQUEST AND ORDER TO EXTEND
DEADLINE TO FILE JOINT STATUS
REPORT

v.
APPROXIMATELY $16,750.00 IN U.S.
CURRENCY,

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APPROXIMATELY $97,438.70 SEIZED FROM
WELLS FARGO BANK ACCOUNT NUMBER
7988959974,

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APPROXIMATELY $1,084.00 SEIZED FROM
WELLS FARGO BANK ACCOUNT NUMBER
7988948290,

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2009 HARLEY DAVIDSON ROAD KING
FLHRC MOTORCYCLE, VIN:
1HD1FR4399Y605921, CALIFORNIA
LICENSE NUMBER: 19S0357,
2009 DODGE CHALLENGER, VIN:
2B3LJ54T19H606557, CALIFORNIA LICENSE
NUMBER: 6HTR425, and
2005 GENERAL MOTORS HUMMER H2, VIN:
5GRGN22U75H108697, CALIFORNIA
LICENSE NUMBER: 7V53524,
Defendants.

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

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

2 (“JSR”) from December 19, 2014 to March 19, 2015. For the reasons set forth below, there is good
3 cause to continue the deadline to file a JSR.
Introduction

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On July 15, 2014, the United States filed a civil forfeiture complaint against the above-

6 captioned assets (“defendant assets”) based on their alleged involvement in federal drug law violations.
7 All known potential claimants to the defendant currency were served in a manner consistent with
8 Dusenbery v. United States, 534 U.S. 161, 168 (2002) and the applicable statutory authority.
9 Additionally, public notice on the official internet government forfeiture site, www.forfeiture.gov,
10 began on July 19, 2014, and ran for thirty consecutive days, as required by Rule G(4)(a)(iv)(C) of
11 Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions. A Declaration of
12 Publication was filed on August 22, 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

15 claimants Curtis Phillips, Michelle Davis Phillips and Deborah L. Pollard have not filed a claim and the
16 time to file a claim has expired.
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Clerk’s Defaults have been entered against Curtis Phillips, Michelle Davis Phillips and Deborah

18 L. Pollard and the United States has filed a motion for default judgment and final judgment of forfeiture
19 against all potential claimants. Such filings, if/when granted, would terminate the case.
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A claim has been filed by the lienholder on one of the assets and the United States will work out

21 an agreement with them as to their interest in the defendant asset.
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For these reasons, the United States seeks to continue the deadline to file a Joint Status Report

23 to March 19, 2015 (or to another date the Court deems appropriate).
24 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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Request and Order to Extend the
Deadline to File a Joint Status Report

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

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

5 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