United States of America v. $91,110.00 in United States Currency

Filing 38

ORDER granting 37 Unopposed Motion To Extend The Time For Show Cause Proceedings, giving the parties an additional 60 days, until 11/30/2016, to finalize settlement negotiations in this case. Signed by Judge Larry R. Hicks on 9/30/2016. (Copies have been distributed pursuant to the NEF - KR)

Case 2:12-cv-01112-LRH-CWH Document 37 Filed 09/28/16 Page 1 of 4

1 DANIEL G. BOGDEN

United States Attorney
2 District of Nevada
3 MICHAEL A. HUMPHREYS

Assistant United States Attorney
4 501 Las Vegas Boulevard South, Suite 1100

Las Vegas, Nevada 89101
5 Telephone: [phone]

Facsimile: 702-388-6787
6 Email: [e-mail]
7 Attorneys for the United States of America
8
9
10

UNITED STATES DISTRICT COURT

11

DISTRICT OF NEVADA

12
13
14
15
16
17

UNITED STATES OF AMERICA,

)
)
Plaintiff,
)
)
v.
)
)
$91,110.00 IN UNITED STATES CURRENCY, )
)
)
Defendant.

Case No: 2:12-cv-1112-LRH-(CWH)

United States’ Unopposed Motion To
Extend The Time For Show Cause
Proceedings (Fourth Request)
AND ORDER THEREON

COMES NOW, the United States Attorney for the District of Nevada, and requests that

18 this Court continue this show cause proceeding for sixty days, or until November 30, 2016. The
19 grounds for this motion are that the parties have been engaged in good faith negotiations, and, in
20 fact, have agreed to the settle the case on terms agreed to by both parties, subject to the approval
21 of the probate court overseeing this matter.
22

Noel Heard, the person from whom the defendant currency was seized is deceased, and it

23 is his estate and, by extension, a Georgia state probate judge who must approve the terms of this
24 settlement.
25

The legal representatives of Heard’s estate are the Broel Law Group located in Marrieta,

26 Georgia. Since the parties first commenced settlement discussions several months ago, Stan

Case 2:12-cv-01112-LRH-CWH Document 37 Filed 09/28/16 Page 2 of 4

1 Faulkner was the lawyer at Broel who represented the interests of the estate. Based on
2 representations by Attorney Faulkner it was understood that the heirs had agreed to the
3 settlement and that all that remained was for the probate court to approve the settlement. Based
4 on that understanding the parties filed a stipulation to continue the show cause matter for sixty
5 days, or until September 30, 2016, so that the Georgia Probate Court could act, presumably in
6 favor of approving the settlement between the parties. Within the past thirty days Government
7 counsel has made repeated, unsuccessful attempts to contact Attorney Faulkner by phone and e8 mail.
9

Apparently, Mr. Faulkner recently left the firm and the case has yet to be formally

10 assigned to a new attorney. The interim attorney, Stephanie Banks, has explained to counsel for
11 the Government, that the new attorney will need to investigate the matter both with the
12 Administratrix, any interested heirs and the state probate court to assure that all entities are in
13 accord with regard to the disposition of this matter. Attorney Banks also informed counsel for the
14 Government that it was her understanding that a settlement agreement had been sent to the firm
15 by the Administratrix and was imminently expected. Once that is done, the newly-assigned
16 attorney will need to confirm with both the heirs and the court that all necessary due process
17 steps have been taken to assure the rights/interests of those heirs.
18

Attorney Banks has represented that all of the above-discussed matters can be achieved in

19 sixty (60) days and that settlement of this matter is still the projected outcome of this litigation.
20

The representations in this motion as well as the attached order of the Georgia Probate

21 Court demonstrate that the parties have been, and continue to work toward a likely settlement of
22 this matter which will facilitate completion of this action.
23

As such, the Government requests that this Court grant the parties an additional sixty (60)

24 days, or until November 30, 2016, to finalize settlement negotiations in this case, thereby making
25 show cause proceedings moot.
26 / / /

2

Case 2:12-cv-01112-LRH-CWH Document 37 Filed 09/28/16 Page 3 of 4

1

Estate counsel for the decedent Noel Heard, in the person of Stephanie Banks, has

2 consented and stipulated to this motion to continue show cause proceedings.
3

Dated: September 28, 2016

4

Respectfully submitted,

5

Daniel G. Bogden
United States Attorney

6
7
8

By:_Michael A. Humphreys_____
Michael A. Humphreys
Assistant United States Attorney

9
10
11
12
13
14

ORDER
IT IS HEREBY ORDERED that the parties shall have an additional sixty (60) days, or
until November 30, 2016, by which to finalize settlement negotiations in this case.
DATED this 30th day of September, 2016.

15

__________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

16
17
18
19
20
21
22
23
24
25
26

3