United States of America v. $91,110.00 in United States Currency, No. 2:2012cv01112 - Document 36 (D. Nev. 2016)

Court Description: ORDER granting 35 Unopposed Motion to Extend the Time for Show Cause Proceedings re ECF No. 30 Minute Order. Show Cause Response due by 9/30/2016. Signed by Judge Larry R. Hicks on 8/8/2016. (Copies have been distributed pursuant to the NEF - KR)
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United States of America v. $91,110.00 in United States Currency Doc. 36 Case 2:12-cv-01112-LRH-CWH Document 35 Filed 08/01/16 Page 1 of 6 DANIEL G. BOGDEN 1 United States Attorney District of Nevada 2 MICHAEL A. HUMPHREYS 3 Assistant United States Attorney 501 Las Vegas Boulevard South, Suite 1100 4 Las Vegas, Nevada 89101 Telephone: 702-388-6336 5 Facsimile: 702-388-6787 Email: Michael.humphreys@usdoj.gov 6 Attorneys for the United States of America 7 8 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 UNITED STATES OF AMERICA, 12 Plaintiff, 13 v. 14 $91,110.00 IN UNITED STATES 15 CURRENCY, 16 Defendant. 17 18 ) ) ) ) ) ) ) ) ) ) ) Case No: 2:12-cv-1112-LRH-(CWH) ORDER REGARDING: UNITED STATES’ UNOPPOSED MOTION TO EXTEND THE TIME FOR SHOW CAUSE PROCEEDINGS (THIRD REQUEST) 19 20 COMES NOW, the United States Attorney for the District of Nevada, and requests that 21 this Court continue this show cause proceeding for sixty days, or until September 30, 2016. The 22 grounds for this motion are that the parties have been engaged in good faith negotiations, and, in 23 fact, have agreed to the settle the case on terms agreed to by both parties, subject to the approval 24 of the probate court overseeing this matter. 25 / / / 26 / / / Dockets.Justia.com Case 2:12-cv-01112-LRH-CWH Document 35 Filed 08/01/16 Page 2 of 6 1 Noel Heard, the person from who the defendant currency was seized is deceased, and it is 2 his estate and, by extension, a Georgia state probate judge who must approve the terms of this 3 settlement. 4 As recently as a week ago, Georgia state probate Judge Hillary B. Cranford (Cranford 5 County) issued an order instructing that all heirs that had not been served with a copy of the 6 petition to compromise a disputed debt, be served forthwith and that objections, if any, be filed 7 within ten (10) business days. (See attached order of Judge Hillary B. Cranford, dated July 21, 8 2016). Further, Judge Cranford ordered that if no objections are filed (which is the expectation 9 of the counsel for the estate) that the Court “may” summarily grant the petition to Compromise a 10 Disputed Debt without a hearing. Once the probate court’s expected approval of the 11 Government-sponsored settlement agreement is executed, there will be no further impediment to 12 the settlement agreement being executed by the parties and filed with this Court for approval. 13 The representations in this motion as well as the attached order of the Georgia Probate 14 Court demonstrate that the parties have been, and continue to work toward a likely settlement of 15 this matter which will facilitate voluntary dismissal of this action. 16 As such, the Government requests that this Court grant the parties an additional sixty (60) 17 days, or until September 30, 2016, to finalize settlement negotiations in this case and, thereby, 18 collaterally making show cause proceedings moot. 19 Estate counsel for the decedent Noel Heard, in the person of Stan Faulkner, has requested 20 this extension and Government counsel joins in that request. 21 Dated: August 1, 2016 22 Respectfully submitted, 23 Daniel G. Bogden United States Attorney 24 25 26 By: /s/ Michael A. Humphreys Michael A. Humphreys Assistant United States Attorney 2 Case 2:12-cv-01112-LRH-CWH Document 35 Filed 08/01/16 Page 3 of 6 ATTACHMENT – Georgia Probate Court - Order For Service ATTACHMENT – Georgia Probate Court - Order For Service Case 2:12-cv-01112-LRH-CWH Document 35 Filed 08/01/16 Page 4 of 6 Case 2:12-cv-01112-LRH-CWH Document 35 Filed 08/01/16 Page 5 of 6 1 2 3 4 ORDER IT IS HEREBY ORDERED that the show cause proceeding in this matter is continued for sixty (60) days, or until September 30, 2016. DATED this 8th day of August, 2016. 5 6 _________________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3