Free Motion for Extension of Time to File Response/Reply to Motion - District Court of Connecticut - Connecticut

Case 3:00-cv-02009-EBB

Document 76

Filed 01/20/2006

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT : : Plaintiff, : : v. : : $662,310.79 IN UNITED STATES : CURRENCY SEIZED FROM ACCOUNT : NUMBER 100080907, HELD IN THE : NAME OF FRANKLIN CREDIT : SERVICES, INC., AT FIRST : TENNESSEE BANK, FRANKLIN, : TENNESSEE, ET AL : : Defendants. : UNITED STATES OF AMERICA,

Civil No. 3:00CV2009 (EBB)

January 20, 2006

FIFTH MOTION FOR EXTENSION OF TIME The Plaintiff, United States of America, hereby moves for a fifth extension of time within which to respond to the Motion for Summary Judgment filed by the Receiver-Claimants.1 Plaintiff requests from January 20, 2006 until July 19, 2006 to file a responsive pleading.

Kim Holland, Commissioner of Insurance for the State of Oklahoma, in her capacity as Receiver of Farmers and Ranchers Life Insurance Company; W. Dale Finke, Director of the Missouri Department of Insurance, in his capacity as Receiver of International Financial Services Life Insurance Company; Paula A. Flowers, Commissioner of Commerce and Insurance for the State of Tennessee, in her capacity as Receiver of Franklin American Life Insurance Company; Julie Benafield Bowman, Commissioner of Insurance for the State of Arkansas, in her capacity as Receiver of Old Southwest Life Insurance Company; and George Dale, Commissioner of Insurance for the State of Mississippi, in his capacity as Liquidator of Family Guaranty Life Insurance Company, Franklin Protective Life Insurance Company, and First National Life Insurance Company of America.

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Case 3:00-cv-02009-EBB

Document 76

Filed 01/20/2006

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This case is related to several other civil forfeiture cases2 in which there are additional victim-claimants.3 In those related cases, the parties have agreed to extend certain deadlines pending a decision from this Court, as well as the Mississippi Liquidation Court, on the Receiver-Claimants' Motion to Dismiss, which is currently pending in both courts. In the Mississippi case, Peoples, Veterans and Settlers have appealed their priority assigned by the Liquidation Court in connection with the losses sustained by various insurance and re-insurance companies as a result of the fraudulent scheme conducted by Martin Frankel and others. That case was remanded from the Mississippi Supreme Court and is awaiting a decision. A hearing in the Mississippi was scheduled for September 1, 2005, but due to Hurricane Katrina, the hearing was postponed. A new hearing date is currently scheduled for May 1, 2006. In the $29,035,500.00 & $3,241,500.00 and 277 Diamonds, et al. cases before this Court, Receiver-Claimants have moved to dismiss the claims of Peoples, Veterans and Settlers on the grounds that they lack standing to assert their constructive trust claims in those cases. Even though Peoples, Veterans and Settlers have not asserted claims in this case, the parties have agreed to hold off on moving forward with the summary judgment motion because the decisions in both courts on the Receiver-Claimants' motions to dismiss will have an impact on all of the related civil forfeiture actions.

United States v. $29,035,500.00 & $3,241,500.00, Civil No. 3:01CV1515 (EBB); United States v. 277 Diamonds, et al., Civil No. 3:02CV889 (EBB). Peoples Benefit Life Insurance Company, Veterans Life Insurance Company, and Huff Cook, Inc. (Settlers), collectively "Peoples, Veterans and Settlers." 2
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Case 3:00-cv-02009-EBB

Document 76

Filed 01/20/2006

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This is the fifth motion for extension filed with respect to this deadline. Counsel for the Receiver-Claimants have indicated that they have no objection to the granting of this motion. Respectfully submitted, KEVIN J. O'CONNOR UNITED STATES ATTORNEY

JULIE G. TURBERT ASSISTANT U.S. ATTORNEY UNITED STATES ATTORNEYS OFFICE P.O. BOX 1824 NEW HAVEN, CT 06510 (203) 821-3700 FEDERAL BAR # ct23398

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Case 3:00-cv-02009-EBB

Document 76

Filed 01/20/2006

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CERTIFICATE OF SERVICE This is to certify that a copy of the within and foregoing Fifth Motion for Extension of Time has been mailed, postage prepaid, this 20th day of January, 2006, to: Susan B. Loving, Esq. Lester, Loving & Davies 1505 Renaissance Blvd. Edmond, OK 73013-3018 Douglas J. Schmidt, Esq. Blackwell Sanders Peper Martin, LLP 4801 Main, Suite 1100 Kansas City, MO 64108 Andrew B. Campbell, Esq. Wyatt, Tarrant & Combs 2525 W. End Avenue, Suite 1500 Nashville, TN 37203 Douglas S. Skalka, Esq. Neubert, Pepe & Monteith 195 Church Street, 13th Floor New Haven, CT 06510-2026 Charles G. Copeland, Esq. Copeland, Cook, Taylor & Bush 200 Coucourse 1062 Highland Colony Parkway, Suite 200 Ridgeland, MS 39157 Steve A. Uhrynowycz, Esq. 1200 West Third Street, Room 340 Little Rock, Arkansas 72201-1904

JULIE G. TURBERT ASSISTANT U.S. ATTORNEY

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