United States of America v. $285,450.00 in United States Currency, No. 3:2020cv00703 - Document 2 (D. Nev. 2020)
Court Description: ORDER granting ECF No. 1 Motion. The United States has to and including February 22, 2021 to file a civil complaint for forfeiture in rem of the $285,450. Signed by Chief Judge Miranda M. Du on 12/21/2020. (Copies have been distributed pursuant to the NEF - AB)
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United States of America v. &#036;285,450.00 in United States Currency Doc. 2 Case 3:20-cv-00703-MMD-CLB Document 2 Filed 12/21/20 Page 1 of 6 1 NICHOLAS A. TRUTANICH United States Attorney 2 District of Nevada Nevada Bar Number 13644 3 JAMES A. BLUM Assistant United States Attorney 4 501 Las Vegas Boulevard South, Suite 1100 Las Vegas, Nevada 89101 5 (702) 388-6336 james.blum@usdoj.gov 6 Attorneys for the United States 7 8 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 9 10 UNITED STATES OF AMERICA, 3:20-CV- 11 The United States of America’s Unopposed Motion to Toll the Time to File a Civil Complaint for Forfeiture in Rem of the Property (First Request) 12 Plaintiff, v. 13 $285,450.00 IN UNITED STATES CURRENCY, 14 Defendant. 15 16 This is the First Motion to Toll the Time to File a Civil Complaint for Forfeiture in 17 Rem of the Property (Motion). The United States of America requests that this Court toll 18 the time for the United States to file a civil complaint for forfeiture in rem of $285,450.00 in 19 United States Currency (the property) to and including February 22, 2021 (which is sixty 20 days after the current approximate filing deadline). The property was seized on or around 21 June 23 through 24, 2020 from a Federal Express parcel associated with putative Claimant 22 Thomas Patton. 23 This Motion is made pursuant to 18 U.S.C. § 983(a)(3)(a) and Local Rule LR IA 6- 24 1. The grounds for this Motion are: (1) the United States and putative Claimant are 25 engaged in settlement negotiations; (2) the United States and putative Claimant are 26 conducting additional investigation and gathering additional information to inform those 27 settlement negotiations; (3) the United States and putative Claimant agree that a sixty-day 28 extension of the filing deadline for this civil in rem forfeiture matter will provide a fair Dockets.Justia.com Case 3:20-cv-00703-MMD-CLB Document 2 Filed 12/21/20 Page 2 of 6 1 opportunity to further the additional investigation, additional information gathering, and 2 settlement negotiations; and (4) tolling the time with respect to all filings stands to save the 3 United States, putative Claimant, and the Court substantial time and resources. Counsel 4 for the United States and counsel for putative Claimant have discussed this matter, and the 5 parties are in agreement that the Court’s granting of this Motion would facilitate settlement 6 negotiations and potential litigation efficiencies. The current deadline for filing a civil 7 complaint for forfeiture in rem of the property is on or about December 23, 2020. 8 9 10 11 12 Dated this 18th day of December 2020. NICHOLAS A. TRUTANICH United States Attorney /s/ James A. Blum____ JAMES A. BLUM Assistant United States Attorney 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case 3:20-cv-00703-MMD-CLB Document 2 Filed 12/21/20 Page 3 of 6 1 2 3 MEMORANDUM OF POINTS AND AUTHORITIES I. STATEMENT OF FACTS On or about June 23 through 24, 2020, $285,450 in United States currency was 4 seized from a Federal Express parcel associated with putative Claimant in Washoe County, 5 Nevada. 6 The $285,450 was subject to administrative summary forfeiture proceedings; 7 however, putative Claimant filed an administrative claim on or about September 24, 2020, 8 for the property. The government and putative Claimant are engaged in settlement 9 negotiations. 10 11 II. ARGUMENT This Court should grant this application for an extension of time to file a civil 12 complaint for forfeiture in rem of the $285,450 because putative Claimant has agreed to 13 such an extension. See 18 U.S.C. § 983(a)(3)(A); Local Rule LR IA 6-1. 14 15 16 17 18 [T]he Government shall file a complaint for forfeiture in the manner set forth in the Supplemental Rules for Certain Admiralty and Maritime Claims . . . , a court in the district in which a complaint will be filed may extend the period for filing a complaint for good cause shown or upon agreement of the parties. 18 U.S.C. § 983(a)(3)(A) (brackets and ellipsis added). The filing of a civil complaint for forfeiture in rem, pursuant to 18 U.S.C. § 983, 19 starts a civil forfeiture in rem action. A district court has the authority under 18 U.S.C. 20 § 983(a)(3)(A) to extend the period of time to file a civil complaint for forfeiture in rem 21 based on the agreement of the parties. Doing otherwise could interfere with the settlement- 22 negotiation process and prompt unnecessary litigation. 23 On December 16, 2020, putative Claimant’s counsel, Jacek Lentz, agreed to the 24 extension of time and authorized counsel for the United States to file this unopposed 25 Motion with this Court. Because the parties have agreed that the United States should be 26 allowed an extension of time to file its civil complaint for forfeiture in rem, the government 27 asks this Court to grant its Motion pursuant to 18 U.S.C. § 983(a)(3)(A). 28 3 Case 3:20-cv-00703-MMD-CLB Document 2 Filed 12/21/20 Page 4 of 6 1 This Application is not submitted solely for the purpose of delay or for any other 2 improper purpose. 3 III. CONCLUSION 4 This Court should grant an extension of time to and including February 22, 2021 for 5 the United States to file a civil complaint for forfeiture in rem of the $285,450 because the 6 parties have agreed to the extension and the request for the extension is supported by good 7 cause. 8 9 10 11 12 13 14 15 16 The United States has served putative Claimant, via his attorney, with this Motion simultaneously upon the filing of the Motion, and the United States will serve putative Claimant, via his attorney, with any Order issued by this Court on the Motion. Dated this 18th day of December 2020. Respectfully submitted, NICHOLAS A. TRUTANICH United States Attorney /s/ James A. Blum____ JAMES A. BLUM Assistant United States Attorney 17 18 19 20 IT IS SO ORDERED: 21 22 23 24 UNITED STATES DISTRICT JUDGE December 21, 2020 DATED: _____________________________ 25 26 27 28 4 Case 3:20-cv-00703-MMD-CLB Document 2 Filed 12/21/20 Page 5 of 6 1 2 CERTIFICATE OF SERVICE On December 18, 2020, a copy of the foregoing United States of America’s 3 Unopposed Motion to Toll the Time to File a Civil Complaint for Forfeiture in Rem 4 was served upon counsel of record via following methods: 5 6 7 8 9 10 11 12 13 USPS First Class Mail and Electronic Mail: Jacek W. Lentz, Esq. The Lentz Law Firm, P.C. 9171 Wilshire Boulevard Suite 500 Beverly Hills, CA 90210 (213) 250-9200 jwl@lentzlawfirm.com Attorneys for Claimant /s/ Maritess Recinto MARITESS RECINTO Paralegal Specialist US Attorney’s Office 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 Case 3:20-cv-00703-MMD-CLB Document 2 Filed 12/21/20 Page 6 of 6 CIVIL COVER SHEET JS 44 (Rev. 06/17) The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.) I. (a) PLAINTIFFS DEFENDANTS United States of America $285,450.00 in United States Currency (b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant (EXCEPT IN U.S. PLAINTIFF CASES) NOTE: (c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known) James A. Blum, 501 Las Vegas Boulevard South, Suite 1100, Las Vegas, Nevada 89101, 702-388-6336 II. BASIS OF JURISDICTION (Place an “X” in One Box Only) u 1 U.S. Government Plaintiff u 3 Federal Question (U.S. Government Not a Party) u 2 U.S. Government Defendant u 4 Diversity (Indicate Citizenship of Parties in Item III) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff IV. NATURE OF SUIT (Place an “X” in One Box Only) CONTRACT u u u u u u u u u u u u TORTS 110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment & Enforcement of Judgment 151 Medicare Act 152 Recovery of Defaulted Student Loans (Excludes Veterans) 153 Recovery of Overpayment of Veteran’s Benefits 160 Stockholders’ Suits 190 Other Contract 195 Contract Product Liability 196 Franchise u u u u u u u u u u u u u u u u REAL PROPERTY 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property u u u u u u u PERSONAL INJURY 310 Airplane 315 Airplane Product Liability 320 Assault, Libel & Slander 330 Federal Employers’ Liability 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury 362 Personal Injury Medical Malpractice CIVIL RIGHTS 440 Other Civil Rights 441 Voting 442 Employment 443 Housing/ Accommodations 445 Amer. w/Disabilities Employment 446 Amer. w/Disabilities Other 448 Education V. ORIGIN (Place an “X” in One Box Only) u 1 Original Proceeding u 2 Removed from State Court u 3 (For Diversity Cases Only) PTF Citizen of This State u 1 DEF u 1 Citizen of Another State u 2 u 2 Incorporated and Principal Place of Business In Another State u 5 u 5 Citizen or Subject of a Foreign Country u 3 u 3 Foreign Nation u 6 u 6 FORFEITURE/PENALTY PERSONAL INJURY u 365 Personal Injury Product Liability u 367 Health Care/ Pharmaceutical Personal Injury Product Liability u 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY u 370 Other Fraud u 371 Truth in Lending u 380 Other Personal Property Damage u 385 Property Damage Product Liability PRISONER PETITIONS Habeas Corpus: u 463 Alien Detainee u 510 Motions to Vacate Sentence u 530 General u 535 Death Penalty Other: u 540 Mandamus & Other u 550 Civil Rights u 555 Prison Condition u 560 Civil Detainee Conditions of Confinement Remanded from Appellate Court Washoe (IN U.S. PLAINTIFF CASES ONLY) IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. u 625 Drug Related Seizure of Property 21 USC 881 u 690 Other LABOR u 710 Fair Labor Standards Act u 720 Labor/Management Relations u 740 Railway Labor Act u 751 Family and Medical Leave Act u 790 Other Labor Litigation u 791 Employee Retirement Income Security Act and One Box for Defendant) PTF DEF Incorporated or Principal Place u 4 u 4 of Business In This State Click here for: Nature of Suit Code Descriptions. BANKRUPTCY u 422 Appeal 28 USC 158 u 423 Withdrawal 28 USC 157 PROPERTY RIGHTS u 820 Copyrights u 830 Patent u 835 Patent - Abbreviated New Drug Application u 840 Trademark SOCIAL SECURITY u 861 HIA (1395ff) u 862 Black Lung (923) u 863 DIWC/DIWW (405(g)) u 864 SSID Title XVI u 865 RSI (405(g)) FEDERAL TAX SUITS u 870 Taxes (U.S. Plaintiff or Defendant) u 871 IRS—Third Party 26 USC 7609 IMMIGRATION u 462 Naturalization Application u 465 Other Immigration Actions u 4 Reinstated or Reopened OTHER STATUTES u 375 False Claims Act u 376 Qui Tam (31 USC 3729(a)) u 400 State Reapportionment u 410 Antitrust u 430 Banks and Banking u 450 Commerce u 460 Deportation u 470 Racketeer Influenced and Corrupt Organizations u 480 Consumer Credit u 490 Cable/Sat TV u 850 Securities/Commodities/ Exchange u 890 Other Statutory Actions u 891 Agricultural Acts u 893 Environmental Matters u 895 Freedom of Information Act u 896 Arbitration u 899 Administrative Procedure Act/Review or Appeal of Agency Decision u 950 Constitutionality of State Statutes u 5 Transferred from Another District u 6 Multidistrict Litigation Transfer (specify) Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): u 8 Multidistrict Litigation Direct File 28 U.S.C 1345ff VI. CAUSE OF ACTION Brief description of cause: Drug Interdiction. u CHECK IF THIS IS A CLASS ACTION VII. REQUESTED IN UNDER RULE 23, F.R.Cv.P. COMPLAINT: VIII. RELATED CASE(S) (See instructions): IF ANY JUDGE DATE DOCKET NUMBER SIGNATURE OF ATTORNEY OF RECORD /s/ James A. Blum 12/18/2020 FOR OFFICE USE ONLY RECEIPT # CHECK YES only if demanded in complaint: u Yes u No JURY DEMAND: DEMAND $ AMOUNT APPLYING IFP JUDGE MAG. JUDGE
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