Free Motion for Extension of Time - District Court of Connecticut - Connecticut

Case 3:00-cv-02007-EBB

Document 54

Filed 09/22/2005

Page 1 of 4

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT UNITED STATES OF AMERICA, Plaintiff, v. ONE 1999 CHEVROLET TAHOE, VIN 3GNEK18R7XG150578, WITH ALL APPURTENANCES AND ATTACHMENTS THEREON, ONE 1994 HARLEY DAVIDSON MOTORCYCLE, VIN 1HD1GEL15RY305363, WITH ALL APPURTENANCES AND ATTACHMENTS THEREON, Defendants. : : : : : : : : : : : : : : : : : :

Civil No. 3:00CV2007 (EBB)

September 22, 2005

FOURTH MOTION FOR EXTENSION OF TIME The Plaintiff, United States of America, hereby moves for a fourth extension of time within which to respond to the Motion for Summary Judgment filed by the Receiver-Claimants.1 Plaintiff requests from September 16, 2005 until January 20, 2006 to file a responsive pleading.

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.

1

Case 3:00-cv-02007-EBB

Document 54

Filed 09/22/2005

Page 2 of 4

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 and undersigned counsel is not aware that a new date has been set. 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
3

2

Case 3:00-cv-02007-EBB

Document 54

Filed 09/22/2005

Page 3 of 4

This is the fourth 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 FEDERAL BAR # ct23398

3

Case 3:00-cv-02007-EBB

Document 54

Filed 09/22/2005

Page 4 of 4

CERTIFICATE OF SERVICE This is to certify that a copy of the within and foregoing Fourth Motion for Extension of Time has been mailed, postage prepaid, this 22nd day of September, 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

4