United States of America v. 2006 Mercedes Benz ML 350 Vin No. 4JGBB86E46A016429

Filing 18

ORDER re 17 Status Report. The Government is granted until 7/21/14 to complete the service of process on the remaining 69 victims and provide a status report to the Court. Signed by Judge Andrew P. Gordon on 5/22/14. (Copies have been distributed pursuant to the NEF - MMM)

1 DANIEL G. BOGDEN
United States Attorney
2 Nevada State Bar No. 2137
Michael A. Humphreys
3 Assistant United States Attorney
U.S. Attorney’s Office
4 333 Las Vegas Boulevard South, Suite5000
Las Vegas, Nevada 89101
5 Telephone: [phone]
Facsimile: 702-388-6787
6 Email: [e-mail]
Counsel for the United States of America
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

11 UNITED STATES OF AMERICA,
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Plaintiff,
v.

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) Case No. 2:12-cv-886-APG-VCF
) 2:12-CV-886-MMD-(VCF)
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14 2006 MERCEDES-BENZ ML350 VIN NO.
4JGBB86E46A016429,
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Defendant.
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STATUS REPORT
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COMES NOW the United States of America and provides a status report on this matter.

19 Background
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On March 19, 2014, the United States appeared before the Court for a status conference and

21 informed the Court that the Government was still in the process of notifying approximately 340
22 additional victims which had recently been identified as potential interest holders and claimants in the
23 2006 MERCEDES-BENZ ML350 VIN NO. 4JGBB86E46A016429. Accordingly, the Court ordered
24 that in 60 days a status report should be filed explaining the status of the service of process of the
25 additional 340 victims in this case.
26 . . .

1 Current Status
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Of the 367 victims that were identified by the United States, 269 have been successfully served

3 by regular U.S. Mail, certified U.S. Mail return receipt requested, express overnight mail, and/or
4 personal service, while the Government is still waiting to see if 52 of the items sent through these
5 exact same methods will be served successfully as well (it should be noted that 26 of the 52 victims
6 discussed above are being served outside of the United States).
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Of the original 367 victims that the United States attempted to serve, 17 were found to have

8 addresses that were no longer correct. As such, new addresses have been identified for these 17
9 victims and the Government has sent a second, and in some cases third, set of notices to them. The
10 Government is still waiting to see if the service on these 17 individuals will be successful.
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Finally, the Government has attempted to serve 29 of those victims with no success. The FBI

12 has exhausted all reasonable efforts in its attempts to locate and serve these 29 individuals; and will
13 provide this Court with a declaration describing the Government’s due diligence in attempting to serve
14 these individuals.
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Service Status

Victims

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Service successful:

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Service pending on first attempt:

52

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Service pending on second or third attempt:

17

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Whereabouts Unknown - Cannot be served:

29

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Total victims:

269

367

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The United States requests the Court to provide an addition 61 days, or until Monday, July 21,

24 2014, to further complete the service of process on the remaining 69 victims, at which time the
25 Government can provide a status report.
26 . . .
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If this Court has any questions regarding this matter, the undersigned counsel will make

2 himself available at this Court’s discretion to answer such questions.
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Dated this 21st day of May, 2014.
Respectfully submitted,

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DANIEL G. BOGDEN
United States Attorney

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/S/ Michael A. Humphreys
MICHAEL A. HUMPHREYS
Assistant United States Attorney

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ORDER

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IT IS SO ORDERED.

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Dated: May 22, 2014.

IT IS SO ORDERED:

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UNITED STATES DISTRICT JUDGE
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DATED:
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