United States of America v. Approximately $26,805.00 in U.S. Currency, et al.

Filing 20

ORDER signed by District Judge Troy L. Nunley on 10/23/15 ORDERING that the deadline to file a joint status report is EXTENDED from 10/30/15 to 12/31/15. (Kastilahn, A)

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BENJAMIN B. WAGNER
United States Attorney
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]

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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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2:15-CV-01273-TLN-KJN

Plaintiff,

UNITED STATES’ REQUEST TO
EXTEND THE DEADLINE TO
SUBMIT A JOINT STATUS REPORT
FROM OCTOBER 30, 2015 TO
DECEMBER 31, 2015; PROPOSED
ORDER

v.
APPROXIMATELY $26,805.00 IN U.S.
CURRENCY, and

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2015 DODGE 1500 TRUCK, VIN:
3C6JR6AT5FG554362, CALIFORNIA
LICENSE NUMBER: 95046T1,

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Defendants.
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The United States submits the following Request to Extend the Deadline to file a Joint Status

21 Report (“JSR”) from October 30, 2015 to December 31, 2015. For the reasons set forth below, there is
22 good cause to continue the deadline to file a JSR.
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Introduction
On June 15, 2015, the United States filed a civil forfeiture complaint against the above-captioned

25 currency and defendant vehicle (“defendant assets”), based on its involvement in federal drug law
26 violations. All known potential claimants to the defendant assets were served in a manner consistent
27 with Dusenbery v. United States, 534 U.S. 161, 168 (2002) and the applicable statutory authority.
28 Additionally, public notice on the official internet government forfeiture site, www.forfeiture.gov, began
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United States’ Request to Extend the Deadline
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to Submit a Joint Status Report

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1 on June 20, 2015, and ran for thirty consecutive days, as required by Rule G(4)(a)(iv)(C) of
2 Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions. A Declaration of
3 Publication was filed on July 20, 2015.
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Good Cause

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The United States has diligently pursued its forfeiture case against the defendant assets and

6 noticed all known potential claimants as required by the Supplemental Rules governing forfeiture cases.
7 To date, no party has filed a claim or answer in this case. On July 24, 2015, clerk’s defaults were
8 entered against Daniel Potter, Susan Gee, Mark Spooner, Carole Loy, Roderick Battle and Brianna
9 Bennallack. On August 14, 2015, the United States filed a motion for default judgment and final
10 judgment of forfeiture against all potential claimants. On October 21, 2015, Judge Kendall J. Newman
11 signed the Findings and Recommendations recommending that the Court grant the Motion for Default
12 Judgment. Potential claimants have 14 days from October 21, 2015 to object to the Findings and
13 Recommendations. If no objections are filed, the pending Motion for Default Judgment, if/when
14 granted, would terminate the case.
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Accordingly, there is good cause to extend the deadline to file a joint status report in this case

16 from October 30, 2015 to December 31, 2015, or to a date the Court deems appropriate.
17 Dated: 10/22/15

BENJAMIN B. WAGNER
United States Attorney

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

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ORDER
The Court finds that there is good cause to extend the deadline to file a joint status report in this
case from October 30, 2015 to December 31, 2015.
IT IS SO ORDERED.

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27 Dated: October 23, 2015
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Troy L. Nunley
United States District Judge
United States’ Request to Extend the Deadline
to Submit a Joint Status Report