United States of America v. Approximately $227,555.00 in U.S. Currency et al

Filing 18

ORDER signed by Senior Judge William B. Shubb on 9/22/2017 GRANTING the 17 United States' Request to continue the deadline to file a Joint Status Report to 1/2/2018. The Scheduling Conference is continued to 1/16/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kirksey Smith, K)

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4 PHILLIP A. TALBERT United States Attorney KEVIN C. KHASIGIAN Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916) 554-2700 5 Attorneys for the United States 1 2 3 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 Plaintiff, 13 14 v. APPROXIMATELY $227,555.00 IN U.S. CURRENCY, et al., 2:17-CV-01204-WBS-KJN UNITED STATES’ REQUEST TO EXTEND THE DEADLINE TO SUBMIT A JOINT STATUS REPORT FROM SEPTEMBER 26, 2017 TO DECEMBER 26, 2017 15 Defendants. 16 17 The United States submits the following Request to Extend the Deadline to file a Joint Status 18 Report from September 26, 2017 to December 26, 2017. Introduction 19 20 On June 8, 2017, the United States filed a civil forfeiture complaint in rem against the above- 21 captioned currency (“defendant currency”), based on its involvement in federal drug law violations. All 22 known potential claimants to the defendant currency were served in a manner consistent with Dusenbery 23 v. United States, 534 U.S. 161, 168 (2002) and the applicable statutory authority. Additionally, public 24 notice on the official internet government forfeiture site, www.forfeiture.gov, began on June 16, 2017, 25 and ran for thirty consecutive days, as required by Rule G(4)(a)(iv)(C) of Supplemental Rules for 26 Admiralty or Maritime Claims and Asset Forfeiture Actions. A Declaration of Publication was filed on 27 July 17, 2017. 28 /// 29 30 1 United States’ Request to Extend the Deadline to Submit a Joint Status Report Good Cause 1 2 The United States has provided notice to all potential claimants pursuant to law. Specifically, 3 the United States served a copy of the complaint documents to potential claimants Daniel Munoz Acosta 4 and Ruby Delgadillo via certified and first class mail as well as personal service, but neither have filed a 5 claim. At this point, the time to file a claim and enter the case has expired. 6 Accordingly, the United States requested a Clerk’s Default against Daniel Munoz Acosta and 7 Ruby Delgadillo and the Court entered a Clerk’s Certificate of Entry of Default for Daniel Munoz 8 Acosta on July 21, 2017 and a Clerk’s Certificate of Entry of Default for Ruby Delgadillo on August 17, 9 2017. The United States has filed a motion for default judgment and final judgment of forfeiture with 10 the Court and such filings, if/when granted, would terminate the case. 11 No other party has entered this case. 12 For these reasons, the United States seeks to continue the deadline to file a Joint Status Report to 13 December 26, 2017 (or to another date the Court deems appropriate). 14 Thus, there is good cause to extend the deadline to file a joint status report in this case from 15 September 26, 2017 to December 26, 2017, or to a date the Court deems appropriate. 16 Dated: 9/22/2017 17 /s/ Kevin C. Khasigian KEVIN C. KHASIGIAN Assistant U.S. Attorney 18 19 20 21 PHILIPP A. TALBERT United States Attorney ORDER Pursuant to the United States’ request and good cause appearing, the Court makes the following 22 order: 23 The Scheduling Conference is continued to January 16, 2018 at 1:30 p.m. The deadline to file 24 a Joint Status Report currently due on September 26, 2017 is extended to January 2, 2018. 25 IT IS SO ORDERED. 26 Dated: September 22, 2017 27 28 29 30 2 United States’ Request to Extend the Deadline to Submit a Joint Status Report

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