United States v. Approximately $28,360.00 in U.S. Currency ( 2021 )

11 McGREGOR W. SCOTT United States Attorney 22 KEVIN C. KHASIGIAN Assistant U.S. Attorney 33 501 I Street, Suite 10-100 Sacramento, CA 95814 44 Telephone: (916) 554-2700 55 Attorneys for the United States 66 77 88 IN THE UNITED STATES DISTRICT COURT 99 EASTERN DISTRICT OF CALIFORNIA 1100 1111 UNITED STATES OF AMERICA, 2:20-CV-02043-WBS-AC 1122 Plaintiff, UNITED STATES’ REQUEST TO 1133 v. EXTEND THE DEADLINE TO SUBMIT A JOINT STATUS REPORT 1144 APPROXIMATELY $28,360.00 IN U.S. FROM JANUARY 19, 2021 TO APRIL CURRENCY, 12, 2021 1155 Defendant. 1166 1177 The United States submits the following Request to Extend the Deadline to file a Joint Status 1188 Report from January 19, 2021 to April 12, 2021. 1199 Introduction 2200 On October 13, 2020, the United States filed a civil forfeiture complaint in rem against the 2211 above-captioned currency (“defendant currency”), based on its involvement in federal drug law 2222 violations. All known potential claimants to the defendant currency were served in a manner consistent 2233 with Dusenbery v. United States, 534 U.S. 161, 168 (2002) and the applicable statutory authority. 2244 Additionally, public notice on the official internet government forfeiture site, www.forfeiture.gov, began 2255 on October 23, 2020, and ran for thirty consecutive days, as required by Rule G(4)(a)(iv)(C) of 2266 Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions. A Declaration of 2277 Publication was filed on November 21, 2020. 11 Good Cause 22 The United States has provided notice to all potential claimants pursuant to law. Specifically, 33 the United States served a copy of the complaint documents to potential claimant Christopher Reyes via 44 certified and first class mail. To date, Mr. Reyes has not filed a claim. At this point, the time to file a 55 claim and enter the case has expired. 66 The U.S. Marshals Service (“USMS”) is also in the process of providing complaint documents to 77 Mr. Reyes via personal service. However, the USMS recently learned that Mr. Reyes is incarcerated at 88 Alamance County Detention Center in Graham, North Carolina, and therefore the USMS anticipates 99 completing personal service in short order and once proper protocols are satisfied. 1100 Accordingly, the United States filed a Clerk’s Default against Christopher Reyes on January 22, 1111 2021. Once the Clerk enters a Certificate of Default against Christopher Reyes and the personal service 1122 issue is resolved, the United States anticipates filing a motion for default judgment and final judgment of 1133 forfeiture with the Court and such filings, if/when granted, would terminate the case. No party has 1144 entered this case claiming an interest in the defendant currency. 1155 For these reasons, the United States seeks to continue the deadline to file a Joint Status Report to 1166 April 12, 2021 (or to another date the Court deems appropriate). 1177 Thus, there is good cause to extend the deadline to file a joint status report in this case from 1188 January 19, 2021 to April 12, 2021, or to a date the Court deems appropriate. 1199 Dated: 1/22/2021 McGREGOR W. SCOTT United States Attorney 2200 /s/ Kevin C. Khasigian 2211 KEVIN C. KHASIGIAN Assistant U.S. Attorney 2222 2233 ORDER 2244 Pursuant to the United States’ request and good cause appearing, the Court makes the following 2255 order: 2266 The deadline to file a Joint Status Report currently due on January 19, 2021 is extended to April 2277 12, 2021. The Scheduling Conference is reset for April 26, 2021 at 1:30 p.m. 1 IT IS SO ORDERED. 2 Dated: January 22, 2021 3 ht hte A, hd. WILLIAM B. SHUBB 4 UNITED STATES DISTRICT JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28