United States v. Ochescu et al

Filing 29

ORDER Granting 28 Unopposed Motion for Extension of Time re Discovery Deadlines. The parties are given two weeks from the date of this Order to conduct the conference and submit the discovery plan or take other appropriate action. Signed by Magistrate Judge George Foley, Jr on 8/12/2016. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:15-cv-02424-APG-GWF Document 28 Filed 08/11/16 Page 1 of 5

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CAROLINE D. CIRAOLO
Principal Deputy Assistant Attorney General
E. CARMEN RAMIREZ
Trial Attorneys, Tax Division
U.S. Department of Justice
P.O. Box 683
Ben Franklin Station
Washington, D.C. 20044-0683
Telephone:
[phone] (Ramirez)
Facsimile:
[phone]
[e-mail]
Attorneys for the United States of America
DANIEL J. BOGDEN
United States Attorney
District of Nevada
Of Counsel

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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UNITED STATES OF AMERICA,
Plaintiff,
v.
CONSTANTIN OCHESCU,
LILIANA COSMA,
DITECH FINANCIAL LLC, and
REPUBLIC SERVICES, INC.,
Defendants.

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Case No.: 2:15-cv-02424-APG-GWF
UNOPPOSED MOTION REGARDING
DEADLINES UNDER LR 26-1

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The discovery stay the United States previously requested will end on August 15, 2016. The
United States therefore moves that the Court order the parties that have appeared in the case to submit

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their joint discovery report, as required by LR 26-1, within two weeks of the Court’s order. Defendants

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Ditech Financial LLC (“Ditech”) and Republic Services Inc. (“Republic”) have consented to this

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motion; the other defendants have not yet appeared, and the Clerk has noted their default. (ECF No. 23).

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In support of its motion, the United States submits the following:
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BACKGROUND

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This is a civil action concerning federal income taxes. The Complaint (ECF No. 1) alleges that
defendant Constantin Ochescu failed to file his federal income tax returns for the 2002-2009 and 2011
tax years. The United States seeks a judgment against Mr. Ochescu for the taxes the IRS assessed for
those years, based on an examination the IRS conducted using W2 forms, reports from financial

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institutions, and similar sources. (See id. at 4). The Complaint also seeks to satisfy a portion of the

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judgment by foreclosing on real property that Mr. Ochescu transferred to his wife, defendant Liliana

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Cosma. The United States had previously filed tax liens on the property. Defendants Republic and

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Ditech were named because they may also have liens on the property.

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Mr. Ochescu and Ms. Cosma were difficult to serve. Because the Complaint centers on Mr.

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Ochescu’s conduct—his failure to pay his income taxes and his decision to transfer the property at issue
to his wife—the United States moved to stay scheduling matters and discovery for all parties until Mr.

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Ochescu and his wife were served and had time to respond. (ECF No. 14). The undersigned counsel

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then learned that Mr. Ochescu had attempted to submit tax returns for at least some of the years at issue.

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(See ECF No. 26 at 3). The United States requested an additional stay to provide time to review the

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returns, in the hopes that Mr. Ochescu had recognized the importance of his tax obligations and would
respond to the suit or otherwise cooperate. Meanwhile, the United States hoped to reach a stipulation
with Ditech and Republic that would resolve any claims between them without discovery.

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However, the additional stay the United States requested is expiring, and neither Mr. Ochescu or

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Ms. Cosma have contacted the United States or appeared in the suit. The United States intends to move

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for a default judgment against them. Counsel for the United States has been in touch with counsel for

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Ditech and Republic, but the parties have been unable to reach an agreement as to the claims between

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them.
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Case 2:15-cv-02424-APG-GWF Document 28 Filed 08/11/16 Page 3 of 5

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REQUEST FOR RELIEF
The United States respectfully submits that the parties that have appeared—the United States,
Ditech Financial LLC, and Republic Services, Inc.—should conduct a Fed. R. Civ. P. 26(f) conference,
and discuss the stipulated discovery plan and scheduling order called for under LR 26-1. The United
States requests that the parties be given two weeks from the date of the Court’s order on this motion to
conduct the conference and submit the discovery plan or take other appropriate action.

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Dated: August 11, 2016

Respectfully submitted,

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CAROLINE D. CIRAOLO
Principal Deputy Assistant Attorney General

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IT IS SO ORDERED:

/s/ E. Carmen Ramirez
E. CARMEN RAMIREZ
Trial Attorney, Tax Division
U.S. Department of Justice
P.O. Box 683
Ben Franklin Station
Washington, D.C. 20044-0683
Telephone: [phone]
Facsimile: [phone]

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Email: [e-mail]
[e-mail]
____________________________
UNITED STATES MAGISTRATE JUDGE

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DATED: August 12, 2016

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DANIEL BOGDEN
United States Attorney
District of Nevada

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Attorneys for the United States of America

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IT IS SO ORDERED
SEE ABOVE
____________________
United States District Judge

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Case 2:15-cv-02424-APG-GWF Document 28 Filed 08/11/16 Page 5 of 5

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CERTIFICATE OF SERVICE

IT IS HEREBY CERTIFIED that service of the foregoing is made this 11th day of August, 2016
on the following parties, by the following means:

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By U.S. Mail:
Constantin Ochescu
8064 Cetus Circle
Las Vegas, NV 89128
Liliana Cosma
8064 Cetus Circle
Las Vegas, NV 89128

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By ECF:
Republic Silver State Disposal, Inc. d/b/a Republic Services, Inc.
c/o Donald H. Williams
Williams & Associates
612 South Tenth St.
Las Vegas, NV 89101
Ditech Financial LLC
c/o Rebecca Kern
Aldrige Pite LLP
520 South 4th St., Suite 360
Las Vegas, Nevada 89101
/s/ E. Carmen Ramirez
E. CARMEN RAMIREZ
Trial Attorney, Tax Division
U.S. Department of Justice

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