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

Case 3:00-cv-01910-EBB

Document 56

Filed 04/25/2006

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

: : Plaintiff, : : v. : : $140,000.00 IN UNITED STATES : CURRENCY SEIZED FROM ACCOUNT : NUMBER 1215701749, HELD IN THE : NAME OF ARTHUR F. GRANT, : AT BANK OF AMERICA, : ROLLING HILLS, CALIFORNIA, : : Defendant. : : [CLAIMANT: ARTHUR F. GRANT] :

UNITED STATES OF AMERICA,

Civil No. 3:00CV1910 (EBB)

April 25, 2006

THIRD MOTION TO EXTEND SCHEDULING DEADLINES The Plaintiff, United States of America, hereby respectfully requests that the deadlines in this case be extended to the following schedule: 1. 2. 3. 4. 5. 6. Complete discovery by: Disclosure of experts by: Disclosure of rebuttal experts by: Dispositive motions by: Pre-Trial Conference: Trial-Ready Date: June 26, 2006 August 9, 2006 August 23, 2006 September 7, 2006 September 21, 2006 October 25, 2006

Case 3:00-cv-01910-EBB

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The Receiver-Claimants1 and Counsel for Claimant Arthur Grant also join in this request. Additional time is needed in this case as the Receiver-Claimants' Joint Motion for Default Judgment on Cross-Claim Against Arthur F. Grant is still pending before the Court. Once the Court issues a ruling on that motion, the parties will assess the need for additional discovery, experts, or other dispostive motions. In addition to the pending motions, the proposed schedule will align with the other Frankel-related forfeiture actions.2 Also, there are two other Frankel-related cases, 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), in which there are additional victim-claimants.3 In those related cases, the parties have agreed to stay the cases 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

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. United States v. 889 Lake Avenue, 3:99CV979, United States v. $11,014,165.20, et al. 3:99CV2589, United States v. 1995 Turbo Commander Aircraft, et al., 3:99CV2590, United States v. 50 Cases of Wine, 3:00CV2008, United States v. `99 Chevy Tahoe, et al., 3:00CV2007, United States v. $596,013.77, et al., Civil No. 3:00CV2010, United States v. $662,310.79, et al., 3:00CV2009, United States v. $135,384.88, 3:04CV1083. 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-01910-EBB

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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. A hearing in the Mississippi case 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. Even though Peoples, Veterans and Settlers have not asserted claims in this case, the parties have agreed to hold off on moving forward with this case 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 these deadlines. Counsel for the Receiver-Claimants and the Claimant Arthur Grant concur with this request and support the granting of this motion.

Respectfully submitted, KEVIN J. O'CONNOR UNITED STATES ATTORNEY

JULIE G. TURBERT ASSISTANT U.S. ATTORNEY 157 CHURCH STREET NEW HAVEN, CT 06510 TEL. (203) 821-3700 FAX (203) 773-5373 FEDERAL BAR # ct23398 3

Case 3:00-cv-01910-EBB

Document 56

Filed 04/25/2006

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CERTIFICATE OF SERVICE This is to certify that a copy of the within and foregoing Third Motion to Extend Scheduling Deadlines has been mailed, postage prepaid, this 25th day of April, 2006, to: J. Stanley Sanders, Esq. 2015 Wellington Road Los Angeles, CA 90016-1824 Douglas J. Schmidt, Esq. Tessa K. Jacob, Esq. Terrance Summers, Esq. Blackwell Sanders Peper Martin, LLP 4801 Main Street, Suite 1000 Kansas City, MO 64112 Douglas S. Skalka, Esq. Neubert, Pepe & Monteith 195 Church Street New Haven, CT 06510 Graham Matherne, Esq. Wyatt Tarrant & Combs 2525 West End Avenue, Suite 1500 Nashville, Tennessee 37203 Charles G. Copeland, Esq. Copeland, Cook, Taylor & Bush, P.A. 1062 Highland Colony Parkway, Ste. 200 P.O. Box 6020 Ridgeland, Mississippi 39157 Andrew B. Campbell Wyatt, Tarrant & Combs 2525 W. End Avenue Suite 1500 Nashville, TN 37203 Susan Loving, Esq. Lest, Loving and Davies 1701 South Kellly Edmund, Oklahoma 73013

JULIE G. TURBERT ASSISTANT U.S. ATTORNEY

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