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

Filing 80

ORDER Granting 79 Motion to Continue File Date of Reply Memorandum. Reply Memorandum due by 5/4/2015. Signed by Magistrate Judge George Foley, Jr on 4/28/2015. (Copies have been distributed pursuant to the NEF - DC)

Case 2:13-cv-00100-JCM-GWF Document 88 Filed 04/27/15 Page 1 of 3

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DANIEL G. BOGDEN
United States Attorney
District of Nevada

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MICHAEL A. HUMPHREYS
Assistant United States Attorney
333 Las Vegas Boulevard South, Suite 5000
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: 702-388-6787
Email: [e-mail]

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Attorneys for the United States of America.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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UNITED STATES OF AMERICA,
Plaintiff,

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v.
$1,002,327.00 IN UNITED STATES
CURRENCY, et. al.,

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Defendants.

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) Case Nos.: 2:13-CV-00100-(JCM)-(GWF)
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and
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2:13-CV-00947-(JCM)-(GWF)
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UNITED STATES’ UNOPPOSED MOTION TO CONTINUE THE DATE
FOR THE U.S. TO FILE ITS REPLY MEMORANDUM UNTIL MAY 4, 2015

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The United States of America, by and through the United States Attorney for the Nevada, hereby

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requests additional time of a week, or until May 4, 2015, to file its reply memorandum to the Claimants’

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opposition to the United States’ Motion to Quash the Subpoenas of Dr. Terrance Boos and Dr. Arthur

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Berrier.

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While open to the Claimants’ discovery requests, generally, the United States has opposed the

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discovery of either Dr. Boos or Berrier (through a motion to quash their respective subpoenas) because:

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1. The United States has already designated its expert witnesses for this case, who stand, ready

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willing and able to be deposed and/or cross-examined on the question of whether XLR11 is

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Case 2:13-cv-00100-JCM-GWF Document 88 Filed 04/27/15 Page 2 of 3

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substantially similar to JWH-018. Thus, deposing other DEA employees gives latitude for

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the Claimants to select their own government witnesses in this case, which they are not

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entitled to do. In addition, deposing Drs. Boos and Berrier contravenes the Deliberative

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Process privilege and other regulatory prohibitions.

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2. Moreover, with respect to Dr. Berrier, any statement that he made with respect to UR-144 is

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not pertinent to this litigation because XLR11 is the relevant substance in this litigation; not

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UR-144.

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Counsel for the Government was out of the office on April 17, 2015, the date that the Claimants

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filed their Opposition memorandum. In addition, Government counsel was out of state on Government

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business travel for the entire week of April 20th through April 24th.
Counsel for the United States returned to the office on April 27, 2015, and needs and requests

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additional time to research and prepare a written Reply memorandum to the Claimants’ opposition.
On April 27, 2015, Counsel for the Government spoke to Greg Miller, counsel for the Claimants

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and Attorney Miller has given Government counsel permission to represent to this Court, through this

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motion, that he consents to this motion.

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Case 2:13-cv-00100-JCM-GWF Document 88 Filed 04/27/15 Page 3 of 3

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This motion is not submitted solely for the purpose to delay or for any other improper purpose.

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WHEREFORE, the United States moves this Court to grant a seven day continuance, or until

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May 4, 2015, for the United States to file its Reply Memorandum in this matter.
DATED this 27th day of April, 2015.

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Respectfully submitted,
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DANIEL G. BOGDEN
United States Attorney
/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 MAGISTRATE JUDGE
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DATED: April 28, 2015

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