United States of America v. $257,497.93 in United States Currency

Filing 23

ORDER Granting 22 Motion to Strike the Computer-Generated Discovery Plan/Scheduling Order Due Date re Docket Entry 20 Answer to Complaint. Signed by Magistrate Judge George Foley, Jr on 5/30/14. (Copies have been distributed pursuant to the NEF - MMM)

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1 DANIEL G. BOGDEN United States Attorney 2 Nevada State Bar No. 2137 MICHAEL A. HUMPHREYS 3 Assistant United States Attorney Lloyd D. George United States Courthouse 4 333 Las Vegas Boulevard South, Suite 5000 Las Vegas, Nevada 89101 5 Telephone: (702) 388-6336 Facsimile: (702) 388-6787 6 Counsel for Plaintiff 7 8 9 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 UNITED STATES OF AMERICA, 13 Plaintiff, 14 v. 15 $257,497.93 IN UNITED STATES 16 CURRENCY, 17 18 Defendant. ) ) ) ) ) 2:13-CV-1691-LDG-(GWF) ) ) ) ) ) 19 UNITED STATES OF AMERICA’S MOTION TO STRIKE THE COMPUTER GENERATED DISCOVERY PLAN/SCHEDULING ORDER DUE BY JUNE 26, 2014, FROM THE NOTICE OF ELECTRONIC FILING IN ECF NO. 20 20 The United States of America (“United States”), by and through Daniel G. Bogden, United States 21 Attorney for the District of Nevada, and Michael A. Humphreys, Assistant United States Attorney, 22 respectfully moves this Honorable Court for an Order striking the Computer Generated Discovery 23 Plan/Scheduling Order due by June 26, 2014, from the Notice Of Electronic Filing in ECF No. 20. 24 Answer to Complaint (ECF No. 20) in Forfeiture. 25 . . . 26 . . . 1 The basis is as follows. Fed. R. Civ. P. 16(b) authorizes exemption of Discovery Plan/Scheduling 2 Order under local rules. A civil forfeiture in rem action is exempt from a Discovery Plan/Scheduling 3 Order under LR 16-1. “[I]n forfeiture…actions, no discovery plan is required.” LR 16-1. 4 On May 28, 2014, the United States contacted Patricia A. Marr, attorney for Feng Zheng, Tony H. 5 Xie, Xin Hui Liu, Neng M. Ren, Shui Ying Zou, and Lan Qing Lio, who does not object to this Motion. 6 This Motion is not submitted solely for the purpose of delay or for any other improper purpose. 7 DATED this 29th day of May, 2014. 8 DANIEL G. BOGDEN United States Attorney 9 10 /s/Michael. A. Humphreys MICHAEL A. HUMPHREYS Assistant United States Attorney 11 12 13 14 IT IS SO ORDERED: 15 ____________________________________ GEORGE FOLEY, JR. UNITED STATES DISTRICT JUDGE United States Magistrate Judge DATED: May 30, 2014 16 17 18 19 20 21 22 23 24 25 26 2

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