USA v. Citizens Bank Checking Account No. 3311521635 et al

Filing 23

ORDER denying 22 Motion to Stay. On or before October 18, 2010, Mascaritolo shall respond to the government's outstanding discovery requests. So Ordered by Magistrate Judge Landya B. McCafferty. (gla)

USA v. Citizens Bank Checking Account No. 3311521635 et al

Doc. 23

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE United States of America, Plaintiff v. Funds in Citizen Bank Checking Account No. 3311521635 in the name of Anthony Moscaritolo, et al., Defendants-in-Rem ORDER By prior order, the court directed the parties to show cause why this civil forfeiture proceeding should not be stayed until the underlying criminal prosecution against Anthony Moscaritolo was resolved, either by verdict or a guilty plea. On September Civil No. 09-cv-337-LM

1, 2010, Moscaritolo pled guilty to all pending federal charges against him. Later that day, the government submitted its

response to the show cause order, noting Moscaritolo's guilty plea and asserting that there was no longer any reason to stay or otherwise delay these civil forfeiture proceedings. agrees. Accordingly, Moscaritolo's motion to stay (document no. 22) is denied. On or before October 18, 2010, Moscaritolo shall The court

respond to the government's outstanding discovery requests (i.e., its first set of interrogatories and its request for production of documents). If, as a result of his incarceration, Moscaritolo

is unable to produce some of the requested documents, or if he

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has a well-founded and legitimate (i.e., based in law) objection to any of the government's interrogatories, he shall clearly and succinctly say so in his response to the government. Continued

failure to respond to the government's discovery requests shall, however, result in sanctions, which may include the striking of Moscaritolo's answer and claim. SO ORDERED. ____________________________ Landya B. McCafferty Magistrate Judge September 28, 2010 cc: Anthony Moscaritolo, pro se Aixa Moldonado-Quinones, Esq.

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