United States of America v. $71,000.00 in U.S. Currency

Filing 42

ORDER denying 36 Claimant's Motion to Compel Discovery or in the Alternative Extend Discovery Deadlines by Chief Magistrate Judge Carmen E. Garza. (ag)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
UNITED STATES OF AMERICA,
Plaintiff,
v.

CV No. 17-1234 RB/CG

$71,000 IN U.S. CURRENCY,
Defendant-in-rem, and
JUSTIN MURPHY,
Claimant.
ORDER DENYING CLAIMANT’S MOTION TO COMPEL DISCOVERY
THIS MATTER is before the Court on Claimant’s Motion to Compel Discovery
Responses or in the Alternative Extend Discovery Deadline (the “Motion”), (Doc. 36),
filed November 19, 2018, and Plaintiff’s Response to Motion to Compel or Extend
Discovery Deadline, (Doc. 40), filed November 30, 2018. The Court conducted a
telephonic discovery hearing on December 12, 2018, (Doc. 39).
At the hearing, the Court found that Claimant’s counsel did not demonstrate due
diligence in attempting to satisfy the discovery deadline. As such, the Court concluded
there is not good cause to extend the discovery deadline.
IT IS THEREFORE ORDERED that Claimant’s Motion to Compel Discovery or in
the Alternative Extend Discovery Deadline, (Doc. 36), is DENIED.

______________________________________
THE HONORABLE CARMEN E. GARZA
CHIEF UNITED STATES MAGISTRATE JUDGE