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

Case 1:04-cv-00125-RPM-CBS

Document 75

Filed 04/21/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-00125-RPM-CBS UNITED STATES OF AMERICA, Plaintiff, v. 770 LOOP ROAD, LEADVILLE, COLORADO; $10,846.00 IN UNITED STATES CURRENCY; and $6,546.06 IN UNITED STATES CURRENCY; Defendants.

UNOPPOSED MOTION FOR ADDITIONAL TIME TO FILE FORFEITURE DOCUMENTS

COMES NOW the United States of America, by and through United States Attorney William J. Leone and Assistant United States Attorney James S. Russell, and with the consent of all parties requests additional time in which to file for Final Order of Forfeiture. In support thereof, the Claimant states as follows: 1. On April 10, 2006, Magistrate Judge Craig Shaffer ordered that the parties are to

tender a signed copy of the settlement agreement and forfeiture documents to the Court, no later than April 21, 2006. 2. The United States and Claimants Gordon and Aurora Loan Services have reached an

agreement which settles all claims of the parties and is being filed contemporaneously herewith. 4. The terms of the Settlement Agreement allow Claimant Gordon to tender to the

United States the sum of $56,607.94 in lieu of forfeiting defendant Loop Road. 5. In this case, the terms of the settlement require claimant Gordon to pay to the United

Case 1:04-cv-00125-RPM-CBS

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States $56,607.94; this time frame is necessary for Gordon to refinance the property to obtain the necessary funds. Gordon has until June 30, 2006 so to refinance and pay the United States. As this is a civil forfeiture matter, settlement of this matter does not result in a dismissal of the action; rather the parties first file a Settlement Agreement, and subsequently move for entry of a Final Order of Forfeiture transferring title to property. Upon receipt of the funds by June 30, 2006, the United States will then be able to file its Motion for Final Order of Forfeiture. 6. Pursuant to D.C.COLO.LCivR 7.1, the undersigned counsel has conferred with

counsel for all parties and they have no objection to the granting of this motion. WHEREFORE, the undersigned requests that the time in which the parties must file its forfeiture documents be extended until close of business July 10, 2006. Dated this 21st day of April, 2006. Respectfully submitted WILLIAM J. LEONE United States Attorney By: s/ James S. Russell James S. Russell Assistant United States Attorney 1225 Seventeenth Street, Ste. 700 Denver, Colorado 80202 Telephone (303) 454-0100 FAX: (303) 454-0402 E-mail: [email protected] Attorney for Plaintiff

Case 1:04-cv-00125-RPM-CBS

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Filed 04/21/2006

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CERTIFICATE OF SERVICE I hereby certify that on this 21st day of April, 2006, I electronically filed the foregoing UNOPPOSED MOTION FOR ADDITIONAL TIME TO FILE FORFEITURE DOCUMENTS with the Clerk of Court using the ECF system which will send notification of such filing to the following e-mail addresses: [email protected] [email protected] s/ Pamela S. Jebens Pamela S. Jebens.