United States of America v. 116850 in US Currency

Filing 160

ORDER granting 152 Motion to Stay, denying without prejudice and with leave to refile 147 Supplemental MOTION for Attorney Fees Costs and Interest. Signed by Honorable Joseph F. Anderson, Jr. on 06/27/2016.(bshr, )

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
United States of America,

C/A No. 3:14-CV-01794-JFA

vs.
$116,850 in United States Currency,

ORDER

Defendant in Rem.

This matter is before the Court pursuant to Claimant’s Supplemental Motion for Attorney’s
Fees, Costs, and Interest Pursuant to 28 USC § 2465(b)(1) (ECF No. 147) and the Government’s
Motion to Stay Proceedings to Enforce Judgment (ECF No. 152). The motions have been fully
briefed, and this matter is ripe for review.
First, Government asks this Court to stay its order dated April 25, 2016, pending appeal to
the Fourth Circuit. See ECF No. 149 and 157. On June 24, 2016, the Government filed its Notice
of Appeal. ECF No. 158. Because of the novelty of the issue in this Circuit and the split of authority
among the courts of other circuits, the Court finds a stay in proceedings to be appropriate.
Accordingly, the Court GRANTS the Government’s motion and ORDERS a stay in the
proceedings appending appeal to the Fourth Circuit.
Secondly, Claimant seeks statutory attorney’s fees for the period of September 15, 2015 to
April 13, 2016. The Court respectfully DENIES Claimant’s motion without prejudice and
specifically gives Claimant leave to refile pending disposition on appeal.
IT IS SO ORDERED.
June 27, 2016
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge