United States v. Ochescu et al

Filing 66

ORDER Granting 65 Second Joint Motion to Extend Time to Make a Claim to Foreclosure Proceeds. Deadline: 14 day extension. Signed by Judge Andrew P. Gordon on 4/1/2019. (Copies have been distributed pursuant to the NEF - SLD)

1
2
3
4
5
6
7
8
9

RICHARD E. ZUCKERMAN
Principal Deputy Assistant Attorney General

Jory C. Garabedian
ALDRIDGE PITE, LLP
Nevada Bar No. 10352
520 South 4th St., Suite 360
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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 Defendant
Ditech Financial, LLC

Attorneys for the United States of America
NICHOLAS A. TRUTANICH
United States Attorney
District of Nevada
Of Counsel

10
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

11
12
13
14
15
16
17
18

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

)
)
)
)
)
)
)
)
)
)
)

Case No.: 2:15-cv-02424-APG-GWF
THE UNITED STATES’ AND DITECH
FINANCIAL LLC’S JOINT MOTION
TO EXTEND TIME FOR DITECH TO
MAKE A CLAIM TO FORECLOSURE
PROCEEDS
(Second Request)

19
20
21
22
23
24
17468644.1

1

The United States and Ditech Financial LLC (“Ditech”) jointly move for a 14-day extension of

2

time for Ditech to submit a claim to the proceeds from the sale of the property at issue in this matter.

3

The parties have been discussing a possible resolution, and believe the requested extension, from Friday

4

March 29, 2019, to Friday, April 12, 2019, will assist in that process, and might reduce the need for

5

further motions practice. In support of this request, the moving parties submit as follows:

6

1)

The United States brought this suit to obtain a judgment for defendant Constantin

7

Ochescu’s delinquent federal income taxes, and to foreclose on certain real property to help satisfy the

8

judgment. The United States named Ditech as a defendant because the United States believed Ditech

9

might claim a mortgage interest on the property.

10

2)

The Court issued an amended Order for Sale that allowed the United States to sell the

11

property. (ECF No. 54 (the “Amended Sale Order”)). The Order provided for the Court to issue a

12

subsequent order confirming the sale, once it had taken place, and allowed Ditech an additional 30 days

13

to make a claim to a portion of the sales proceeds. (Id. at 6-7). The United States would then have 30

14

days to respond or object to the claim. (See also ECF No. 62 at 5). The sale has been conducted, and

15

the Court has issued the confirmation Order on January 30, 2019. (See ECF 61; ECF 62).

16

3)

While the parties currently dispute the amount that should be paid to Ditech, if any, they

17

are negotiating in good faith to attempt a resolution. Ditech’s parent company recently filed for Chapter

18

11 bankruptcy, which has added to the time needed to finalize an agreement in this matter. However,

19

the parties believe the requested extension will allow them to continue their negotiations, potentially

20

saving the parties and the Court the burden and costs of additional motions practice.

21
22

4)

This motion is not made for delay, but to allow the parties time to reach a resolution, if

possible.

23
24

2
17468644.1

1
2
3

WHEREFORE, the United States and Ditech jointly request a 14-day extension for Ditech to
make a claim to the sales proceeds at issue in this case.
Dated: March 29, 2019

4

Respectfully submitted,

5

RICHARD E. ZUCKERMAN
Principal Deputy Assistant Attorney
General

6
7
8
9
10
11
12
13
14

/s/ Jory C Garabedian
Jory C. Garabedian
ALDRIDGE PITE, LLP
Nevada Bar No. 10352
520 South 4th St., Suite 360
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

/s/ E. Carmen Ramirez
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

Attorneys for Defendant Ditech Financial, LLC

NICHOLAS A. TRUTANICH
United States Attorney
District of Nevada
Of Counsel
Attorneys for the United States of America

15
16

IT IS SO ORDERED.

17
18
19
20

____________________
United States District Judge
April 1, 2019
DATED: _______________

21
22
23
24

3
17468644.1

1
2
3

CERTIFICATE OF SERVICE
IT IS HEREBY CERTIFIED that service of the foregoing is made this 29th day of March, 2019
on the following parties, by the following means:

4
5
6
7
8
9
10
11
12

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 Jory Garabedian and
Laurel Handley
Aldrige Pite LLP
520 South 4th St., Suite 360
Las Vegas, NV 89101
/s/ E. Carmen Ramirez
E. CARMEN RAMIREZ
Trial Attorney, Tax Division
U.S. Department of Justice

13
14
15
16
17
18
19
20
21
22
23
24

4
17468644.1