United States of America v. Marcu

Filing 28

ORDER Granting 27 Motion to Extend Time. Discovery due by 3/31/2015. Motions due by 4/30/2015. Proposed Joint Pretrial Order due by 5/30/2015. Signed by Magistrate Judge Carl W. Hoffman on 12/23/2014. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:14-cv-00159-RFB-CWH Document 27 Filed 12/22/14 Page 1 of 5

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JOYCE R. BRANDA
Acting Assistant Attorney General
WILLIAM C. PEACHEY
Director
COLIN A. KISOR
Deputy Director
DANIELLE K. SCHUESSLER
Trial Attorney
United States Department of Justice
Civil Division
Office of Immigration Litigation
District Court Section
P.O. Box 868, Ben Franklin Station
Washington, DC 20044
Tel. [phone]
Fax [phone]
Email: [e-mail]

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DANIEL G. BOGDEN
United States Attorney
District of Nevada
ROGER W. WENTHE
Assistant United States Attorney
Nevada Bar No. 8920
United States Attorney’s Office
333 Las Vegas Boulevard South, Suite5000
Las Vegas, Nevada 89101
Tel: [phone]
Fax: [phone]
Email: [e-mail]

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Attorneys for the United States.

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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.
RAZVAN MARCU,
Defendant.

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CASE NO. 2:14-cv-159-RFB-CWH

PLAINTIFF’S MOTION FOR A SIXTY-DAY EXTENSION OF DISCOVERY
The United States, by its undersigned attorneys, hereby submits a Motion for a Sixty-Day
Extension of Discovery and Proposed Discovery Order, pursuant to Federal Rule of Civil

Case 2:14-cv-00159-RFB-CWH Document 27 Filed 12/22/14 Page 2 of 5

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Procedure 26. Discovery is currently scheduled to close on January 30, 2015. Therefore, the
Plaintiff requests that the discovery deadline be extended to March 31, 2015.

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MEMORANDUM OF POINTS AND AUTHORITIES

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This is an action by the United States to denaturalize the Defendant. The Defendant was

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incarcerated, but is now residing in a halfway house, through a federal residential reentry
program (“RRM Phoenix”), at an undisclosed address. Defendant’s mail must go through RRM
Phoenix, 230 N. First Ave., Suite 405, Phoenix, AZ 85003. As Defendant is not incarcerated, an

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extension would not prejudice him or the defense of his case.
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Plaintiff served Defendant, who is pro se, with discovery request on December 19, 2014,

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and has a deposition scheduled with Defendant for January 22, 2015. However, Plaintiff

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requests a sixty-day extension for the following reasons:

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

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Plaintiff’s lead counsel, Danielle K. Schuessler, is working with the Assistant U.S.
Attorney in the Southern District of New York, who was the lead attorney for

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Defendant’s conviction for Conspiracy to Commit Wire Fraud, in order to find co-

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conspirators, witnesses, and confirm further evidence. Ms. Schuessler has discovered
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a number of co-conspirators she would like find and speak with, but the Assistant

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U.S. Attorney has been in trial from about December 10, 2014, to December 18,

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2014, which has inhibited communication.

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

Ms. Schuessler has also submitted a request, through the U.S. Attorney’s Office for
the Southern District of New York, for a sealed list of victims from Defendant’s
conviction in that district, which will likely turn up witnesses with relevant
information.

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Case 2:14-cv-00159-RFB-CWH Document 27 Filed 12/22/14 Page 3 of 5



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Ms. Schuessler also sent an official written request to the Federal Parole and

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Probation Office of Nevada to obtain information about Defendant and a potential

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witness. Ms. Schuessler was able to speak with the parole officer of the potential

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witness, but needs time to contact and set up a meeting with the witness.

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

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Ms. Schuessler has requested, and is waiting to receive, Defendant’s Alien File (“AFile”) from the U.S. Department of Homeland Security, Immigration and Customs

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Enforcement, but has been informed that, given the amount of people out of office
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through the holidays, she will likely not receive it until after January 2, 2015.

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

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Through discovery, Ms. Schuessler has learned that Defendant is divorced from his

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spouse, who petitioned for his lawful permanent resident status, and needs time to

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find and contact her as a potential witness.

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As a result of these developments and the number of people with relevant
information that will be out of the office or unreachable through the holidays, Plaintiff requests
an extension of sixty days to complete discovery. Given that Defendant is no longer incarcerated,

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an extension would not be prejudicial.
Plaintiff therefore requests the following changes to the discovery schedule:

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Event

Current Due Date

REQUESTED DUE DATE

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Discovery Closes

January 30, 3015

March 31, 2015

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Dispositive Motions Due

March 2, 2015

April 30, 2015

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Joint Pretrial Order Due

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If no dispositive motions: April 1, 2015

May 30, 2015

If dispositive motions filed: 30 days after disposition

No Change Requested

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///

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Case 2:14-cv-00159-RFB-CWH Document 27 Filed 12/22/14 Page 4 of 5

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Date: December 22, 2014

Respectfully submitted,
JOYCE R. BRANDA
Acting Assistant Attorney General
Civil Division

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WILLIAM C. PEACHEY
Director

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COLIN A. KISOR
Deputy Director

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s/ Danielle K. Schuessler
DANIELLE K. SCHUESSLER
Trial Attorney
United States Department of Justice
Office of Immigration Litigation
District Court Section
450 5th Street, N.W.
Washington, D.C. 20001
202-305-9698/ [e-mail]

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DANIEL G. BOGDEN
United States Attorney

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/s/ Roger W. Wenthe
ROGER W. WENTHE
Assistant United States Attorney

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Attorneys for the United States
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IT IS SO ORDERED.
Date: December 23, 2014
United States District/Magistrate Judge
United States Magistrate Judge

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Case 2:14-cv-00159-RFB-CWH Document 27 Filed 12/22/14 Page 5 of 5

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CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing document was served on
the party shown, by the method shown, on the date shown.

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First Class Mail
Razvan Marcu
Register No. 46132-048
RRM Phoenix
230 N. First Ave., Suite 405
Phoenix, AZ 85003

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Dated: December 22, 2014
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s/ Danielle K. Schuessler
DANIELLE K. SCHUESSLER
Trial Attorney
United States Department of Justice
Office of Immigration Litigation
District Court Section
450 5th Street, N.W.
Washington, D.C. 20001
202-305-9698/ [e-mail]

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Counsel for Plaintiff

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