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

Case 3:00-cv-02009-EBB

Document 68

Filed 06/16/2005

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT UNITED STATES OF AMERICA, : : 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. :

Civil No. 3:00CV2009 (EBB)

June 16, 2005

THIRD MOTION FOR EXTENSION OF TIME The Plaintiff, United States of America, hereby moves for a third extension of time within which to respond to the Motion for Summary Judgment filed by the Receiver-Claimants.1 Plaintiff requests from June 17, 2005 until September 16, 2005 to file a responsive pleading. 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

International Financial Services Life Insurance Company, Franklin Protective Life Insurance Company, Family Guaranty Life Insurance Company, First National Life Insurance Company, Franklin American Life Insurance Company, Farmers and Ranchers Life Insurance Company, and Old Southwest Life Insurance Company. 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."
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Case 3:00-cv-02009-EBB

Document 68

Filed 06/16/2005

Page 2 of 3

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 recently remanded from the Mississippi Supreme Court and is awaiting a decision. 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. This is the third motion for extension filed with respect to this deadline. Douglas Schmidt, Counsel for the Receiver-Claimants, has indicated that he has 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 FEDERAL BAR # ct23398

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Case 3:00-cv-02009-EBB

Document 68

Filed 06/16/2005

Page 3 of 3

CERTIFICATE OF SERVICE This is to certify that a copy of the within and foregoing Third Motion for Extension of Time has been mailed, postage prepaid, this 16th day of June, 2005, to: Susan B. Loving, Esq. Lester, Loving & Davies 1505 Renaissance Blvd. Edmond, OK 73013-3018 Douglas J. Schmidt, Esq. Blackwell Sanders Peper Martin, LLP 2300 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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