Filed: Jan. 28, 2015
Latest Update: Jan. 28, 2015
Summary: MILLER DEFENDANTS' MOTION FOR ORDER SHORTENING TIME TO RESPOND TO THEIR MOTION FOR RELIEF COMPELLING SALE OF VEHICLE AND RELEASE OF SHORTAGE OF FUNDS (FIRST REQUEST) RICHARD F. BOULWARE II, District Judge. Pursuant to Local Rule 6-1, Defendants Danelle Miller and Jason Miller (the "Miller Defendants"), by and through their undersigned counsel, hereby move this Court for the entry of an Order shortening time to respond to their Motion for Relief filed January 27, 2015 (Docket No. 106). The Moti
Summary: MILLER DEFENDANTS' MOTION FOR ORDER SHORTENING TIME TO RESPOND TO THEIR MOTION FOR RELIEF COMPELLING SALE OF VEHICLE AND RELEASE OF SHORTAGE OF FUNDS (FIRST REQUEST) RICHARD F. BOULWARE II, District Judge. Pursuant to Local Rule 6-1, Defendants Danelle Miller and Jason Miller (the "Miller Defendants"), by and through their undersigned counsel, hereby move this Court for the entry of an Order shortening time to respond to their Motion for Relief filed January 27, 2015 (Docket No. 106). The Motio..
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MILLER DEFENDANTS' MOTION FOR ORDER SHORTENING TIME TO RESPOND TO THEIR MOTION FOR RELIEF COMPELLING SALE OF VEHICLE AND RELEASE OF SHORTAGE OF FUNDS (FIRST REQUEST)
RICHARD F. BOULWARE II, District Judge.
Pursuant to Local Rule 6-1, Defendants Danelle Miller and Jason Miller (the "Miller Defendants"), by and through their undersigned counsel, hereby move this Court for the entry of an Order shortening time to respond to their Motion for Relief filed January 27, 2015 (Docket No. 106). The Motion for Relief asks this Court to order the Receiver and Federal Trade Commission ("FTC") to consent to the Miller Defendants' sale of their 2013 Ferrari 458 Spyder (the "Vehicle"). The Motion for Relief additionally requests that the Receiver and FTC release funds sufficient to cover any shortage incurred by the sale from the Miller Defendants' frozen assets.
The Miller Defendants respectfully request an order shortening time to respond to the Motion for Relief because the Miller Defendants currently have a time-sensitive offer pending on the sale of the Vehicle. Specifically, the Miller Defendants have received a $260,000 cash offer from a buyer in Arizona who is ready to close the deal and wire funds at any time. If the Motion for Relief were permitted to operate on the usual motions schedule, it is unlikely that the prospective buyer's offer will still be on the table by the time the court rules on the Motion for Relief. Additionally, it is likely that the car will be repossessed by the lien holder, Ally Bank, if the Miller Defendants are not able to promptly sell the Vehicle.
For the foregoing reasons, the Miller Defendants respectfully ask this Court to enter an Order scheduling the FTC and Receiver to file their responses no later than Friday, January 30, 2015, and for the Miller Defendants to file their reply no later than Tuesday, February 3, 2015.
ORDER
Having considered the Motion to Shorten Time filed by Danelle Miller and Jason Miller (the "Miller Defendants"), it is hereby
ORDERED that the Motion is GRANTED; and it is further
ORDERED that any Response filed by the Federal Trade Commission and the Receiver in response to the Miller Defendants' Motion for Relief (Docket No. 106) shall be filed no later than Friday, January 30, 2015; and it is further
ORDERED that the Miller Defendants' Reply in Support of their Motion for Relief shall be filed no later than Tuesday, February 3, 2015.
