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

Filing 20

ORDER re 19 Status Report. The Government is granted until 9/24/14 to further complete the service of process on the remaining eight victims and provide a status report to the Court. Signed by Judge Andrew P. Gordon on 7/23/14. (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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) 2:12-CV-886-MMD-(VCF)
-APG-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 . . .

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On May 21, 2014, a status report was filed regarding the status of the service of process in the

2 case (Status Report, ECF No. 17). At that point, 69 remaining victims had not yet been served. The
3 United States requested the Court give it until July 21, 2014, to continue to complete the additional
4 service, at which point it would provide a status report on the status of the service of process to the
5 Court.
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On May 22, 2014, the Court granted this request. Order, ECF No. 18.

7 Current Status
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Of the 356 victims that were identified by the United States, 311 have been successfully served

9 by regular U.S. Mail, certified U.S. Mail return receipt requested, express overnight mail, and/or
10 personal service, while the Government is still attempting to serve eight remaining victims.
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Finally, the Government has attempted to serve 37 of those victims with no success. The FBI

12 has exhausted all reasonable efforts in its attempts to locate and serve these 37 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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Still attempting service:

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Whereabouts Unknown - Cannot be served:

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Total victims:

311
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37
356

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The United States requests the Court to provide until Wednesday, September 24, 2014, to

23 further complete the service of process on the remaining eight victims, at which time the Government
24 can provide a status report.
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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 23rd day of July, 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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IT IS SO ORDERED:

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UNITED STATES DISTRICT JUDGE
July 23, 2014
DATED:

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