UNITED STATES OF AMERICA v. ALL FUNDS ON DEPOSIT AT

Filing 992

ORDER granting 860 claimant Pavel Lazarenko's motion for reconsideration seeking authorization to plead an excessive fines affirmative defense; and granting in part and denying in part 877 motion of claimants Alexander, Ekaterina and Lecia Lazarenko for leave to file an answer to the amended complaint. Signed by Judge Paul L. Friedman on August 3, 2017. (MA)

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) ) ) Plaintiff, ) ) v. ) ) ALL ASSETS HELD AT BANK JULIUS, ) Baer & Company, Ltd., Guernsey ) Branch, account number 121128, in the ) Name of Pavlo Lazarenko et al., ) ) Defendants In Rem. ) ____________________________________) UNITED STATES OF AMERICA, Civil Action No. 04-0798 (PLF) ORDER For the reasons set forth in the Opinion issued this same day, it is hereby ORDERED that Claimant Pavel Lazarenko’s Motion for Reconsideration Seeking Authorization to Plead an Excessive Fines Affirmative Defense [Dkt. 860] is GRANTED; it is FURTHER ORDERED that on or before August 18, 2017, Claimant Pavel Lazarenko shall file on the public docket an amended Answer consistent with this Opinion that is identical to his current amended Answer (Feb. 3, 2017) [Dkt. 882] but adds an Eighth Amendment excessive fines affirmative defense containing the facts substantiating that defense; it is FURTHER ORDERED that the Motion of Claimants Alexander, Ekaterina, and Lecia Lazarenko for Leave to File an Answer to the Amended Complaint [Dkt. 877] is GRANTED IN PART and DENIED IN PART; and it is FURTHER ORDERED that on or before August 18, 2017, Claimants Alexander, Ekaterina, and Lecia Lazarenko shall file on the public docket a new Answer consistent with this Opinion that is identical to their current proposed Answer (Feb. 3, 2017) [Dkt. 877-2], but omits their Eighth Amendment excessive fines and failure to state a claim affirmative defenses. SO ORDERED. /s/ PAUL L. FRIEDMAN United States District Judge DATE: August 3, 2017

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