United States of America v. Marcu

Filing 47

ORDER re 44 Motion to Extend Time re Discovery. In light of Defendant's failure to oppose the instant motion and good cause appearing this Court Grants the Government's motion. Discovery due by 8/28/2015. Motions due by 9/29/2015. Proposed Joint Pretrial Order due by 10/27/2015. Discovery due by 8/28/2015. Signed by Magistrate Judge Carl W. Hoffman on 7/14/2015. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:14-cv-00159-RFB-CWH Document 44 Filed 06/11/15 Page 1 of 6

BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
WILLIAM C. PEACHEY
Director
COLIN A. KISOR
Deputy Director
J. MAX WEINTRAUB
Senior Litigation Counsel
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]
Attorneys for the United States.
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
UNITED STATES OF AMERICA,
Plaintiff,
v.
RAZVAN MARCU,
Defendant.

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CASE NO. 14-cv-00159-RFB-CWH

PLAINTIFF’S MOTION FOR A 60-DAY EXTENSION OF DISCOVERY
The United States requests a 60-day extension of discovery and provides a
proposed discovery order, pursuant to Federal Rule of Civil Procedure 26. The United
States, through Assistant United States Attorney, Roger Wenthe, submitted a proposed
Discovery Plan/Scheduling Order on October 21, 2014. On December 22, 2014, the
United States filed a motion for a 60-day extension of discovery because, while
Defendant (“Marcu”) was pro se, incarcerated, and subsequently residing in an

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undisclosed federal halfway house, all mail had to go through a federal inmate mailing
system, which significantly prolonged the procurement of discovery. Thereafter, on
January 15, 2015, attorney Dan M. Winder noticed his appearance on behalf of Marcu.
After several discovery disputes, counsel for both parties jointly filed a Stipulation for
Extension of Discovery for 90 days. Without an extension, discovery would close on
June 29, 2015. Therefore, the United States requests that the discovery deadline be
extended to July 29, 2015 for the reasons put forth below.
This is an action by the United States to revoke the naturalization of Marcu
pursuant to 8 U.S.C. § 1451. Marcu was incarcerated when this action commenced, but
is now residing in Las Vegas, Nevada.
The United States requests this extension for the following reasons:
•

Plaintiff’s lead counsel, Danielle K. Schuessler, deposed Marcu on May 28,
2015. During this deposition, Marcu, for the first time, indicated that two
banking transactions at issue were separate and independent from the
conspiracy for which Marcu was convicted and which forms the basis of this
denaturalization lawsuit. Ms. Schuessler has identified three witnesses who
have, or who are likely to have, documents that contradict Marcu’s deposition
testimony. Ms. Schuessler has spoken to two of the three witnesses and
requested those documents from them; Ms. Schuessler is still waiting to
receive those documents. Ms. Schuessler is also attempting to discover the
whereabouts of the third witness, and would require extra time to speak with
or depose that witness. Finally, Ms. Schuessler has thus far been unable to

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locate Marcu’s potential corroborating witness, and requests more time to do
so.
•

From May 27, 2015, through June 11, 2015, the United States issued eight
additional subpoenas for documents, but has only received a portion of the
documents requested, and therefore requires more time to receive and process
the outstanding responsive materials. Plaintiff sent four of the outstanding
subpoenas on June 11, 2015, based on full account numbers Ms. Schuessler
had only received that day (Ms. Schuessler had only partial account numbers
prior to June 11, 2015).

•

On June 4, 2015, Ms. Schuessler received a transcript of a sentencing hearing
in which Marcu admitted information that contradicts his deposition
testimony. Ms. Schuessler has requested the certified transcripts, but has not
yet received them.

•

Through discovery, Ms. Schuessler has learned that Marcu is separated from
his ex-fiancé and mother of his child, and Ms. Schuessler needs time to find
and contact this individual as a potential witness.

•

Upon Marcu’s repeated requests, the United States postponed his deposition
four times. Indeed, in the Joint Stipulation filed on March 24, 2015, the
Parties agreed that counsel for Marcu would not request any further
postponement or otherwise attempt to block the deposition from occurring.
Due to these postponements, Ms. Schuessler could not have obtained the
information requested earlier in the discovery period. Furthermore, Marcu has
not provided any discovery materials to the United States, [including initial

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disclosures pursuant to Rule 26,] which has prevented Ms. Schuessler from
obtaining information in a more timely manner.
Ms. Schuessler conferred with Marcu’s counsel on June 9, 2015, to request the
extension of discovery, given the deposition postponements, however counsel for Marcu
does not consent to an extension. Because Marcu is represented by counsel and no longer
incarcerated, an extension would not be prejudicial to him.

The United States therefore requests the following changes to the discovery
schedule:
Event

Current Due Date

REQUESTED DUE DATE

Discovery Closes

June 29, 2015

August 28, 2015

Dispositive Motions Due

July 31, 2015

September 29, 2015

Joint Pretrial Order Due
If no dispositive motions: August 28, 2015

October 27, 2015

If dispositive motions filed: 30 days after disposition

No Change Requested

ORDER
In light of Defendant's failure to oppose the instant motion, and good cause appearing,
this Court grants the instant motion.
government's motion.
IT IS SO ORDERED.
Dated: July 14, 2015
DATED:____________

________________________________
United States District/Magistrate Judge
United States Magistrate Judge

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Date: June 11, 2015

Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
Civil Division
WILLIAM C. PEACHEY
Director
COLIN A. KISOR
Deputy Director
J. MAX WEINTRAUB
Senior Litigation Counsel
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]
Counsel for Plaintiff

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CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing document was served on
Marcu’s counsel, Arnold Weinstock shown, through ECF:

Arnold Weinstock
3507 W. Charleston Blvd.
Las Vegas, NV 89102
[e-mail]
Dated: June 11, 2015
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]
Counsel for Plaintiff

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