United States of America v. $1,002,327.00 in United States Currency et al

Filing 46

ORDER Denying without prejudice 45 Ex Parte Motion to Stay Discovery. Signed by Magistrate Judge George Foley, Jr on 11/20/2014. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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UNITED STATES OF AMERICA,
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Plaintiff,
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v.
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$177,844.68 in UNITED STATES
CURRENCY,

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and

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$296,746.66 in UNITED STATES
CURRENCY,

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Defendants.
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Case No.: 2:13-cv-00100-JCM-GWF
Consolidated Case:
Case No.: 2:13-cv-00947-JCM-GWF
ORDER
Requests to Stay Discovery

This matter is before the Court on the United States’ Ex Parte Second Request to Stay

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Discovery, Docket No. 51 in Case No. 2:13-cv-100-JCM-GWF, and Docket No. 45 in Case No.

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2:13-cv-947-JCM-GWF. The Government has filed its Request under seal, and asks that it remain

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sealed, and apparently asks the Court to further stay discovery in these actions without affording the

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Claimants an opportunity to respond.

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On August 15, 2014, the Court granted the Government’s prior motion to stay discovery in

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these actions through November 17, 2014. See Order (#46) in Case No. 2:13-cv-100-JCM-GWF.

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Prior to that order, the Court directed the Government to file and serve redacted versions of its

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motions for stay on the Claimants and thereafter conducted a hearing on the Government’s motion.

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The Claimants are also entitled to an opportunity to respond to the Government’s Second Request

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to Stay Discovery. The information set forth in the Government’s Second Request to Stay

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Discovery and in the attached Affidavit of Special Agent Robert Norris does not appear, by and

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large, to constitute confidential information whose disclosure to the Claimants or public would

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prejudice ongoing criminal prosecutions or investigations. The Court will, however, give the

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Government the opportunity to file a publicly available motion for a continuance of the stay of

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discovery in these actions and to request leave to file under seal information in support of the

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motion that actually does disclose confidential information regarding the status of ongoing criminal

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investigations. Accordingly,

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IT IS HEREBY ORDERED that the United States’ Ex Parte Second Request to Stay

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Discovery, Docket No. 51 in Case No. 2:13-cv-100-JCM-GWF, and Docket No. 45 in Case No.

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2:13-cv-947-JCM-GWF are denied, without prejudice. The Government may file an unsealed

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motion to continue the stay of discovery in these actions in accordance with the foregoing

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provisions of this order.
DATED this 20th day of November, 2014.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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