United States of America v. Approximately $10,500.00 in U.S. Currency

Filing 11

ORDER signed by District Judge John A. Mendez on 12/21/2017 ORDERING the deadline to file a Joint Status Report is EXTENDED to 2/28/2018. (Zignago, K.)

4

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

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 $10,500.00 IN U.S.
CURRENCY,

2:17-CV-02129-JAM-DB
UNITED STATES’ REQUEST TO
EXTEND THE DEADLINE TO
SUBMIT A JOINT STATUS REPORT
FROM DECEMBER 29, 2017 TO
FEBRUARY 28, 2018

15
Defendant.
16
17

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

18 Report from December 29, 2017 to February 28, 2018.
19

Introduction

20

On October 13, 2017, the United States filed a civil forfeiture complaint in rem against the

21 above-captioned currency (“defendant currency”), based on its involvement in federal drug law
22 violations. All known potential claimants to the defendant currency were served in a manner consistent
23 with Dusenbery v. United States, 534 U.S. 161, 168 (2002) and the applicable statutory authority.
24 Additionally, public notice on the official internet government forfeiture site, www.forfeiture.gov, began
25 on October 18, 2017, and ran for thirty consecutive days, as required by Rule G(4)(a)(iv)(C) of
26 Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions. A Declaration of
27 Publication was filed on November 17, 2017.
28 ///
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 claimant Stacey Cheatham via
4 certified and first class mail as well as personal service, but he has not filed a claim. At this point, the
5 time to file a claim and enter the case has expired.
6

Accordingly, the United States requested a Clerk’s Default against Stacey Cheatham and the

7 Court entered a Clerk’s Certificate of Entry of Default on December 21, 2017. The United States will
8 file a motion for default judgment and final judgment of forfeiture with the Court and such filings,
9 if/when granted, would terminate the case. No party has entered this case claiming an interest in the
10 defendant currency.
11

For these reasons, the United States seeks to continue the deadline to file a Joint Status Report to

12 February 28, 2018 (or to another date the Court deems appropriate).
13

Thus, there is good cause to extend the deadline to file a joint status report in this case from

14 December 29, 2017 to February 28, 2018, or to a date the Court deems appropriate.
15 Dated:

12/21/2017

16

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

17
18
19
20

PHILLIP A. TALBERT
United States Attorney

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

21 order:
22

The deadline to file a Joint Status Report currently due on December 29, 2017 is extended to

23 February 28, 2018.
24

IT IS SO ORDERED.

25
26 Dated: 12/21/2017
27

/s/ John A. Mendez____________
JOHN A. MENDEZ
United States District Court Judge

28
2

United States’ Request to Extend the Deadline
to Submit a Joint Status Report