REQUEST TO EXTEND DEADLINE TO FILE A JOINT STATUS REPORT

GARLAND E. BURRELL, JR., Senior District Judge.

The United States and claimants Northpointe Bank, Velocity Commercial Capital LLC, and Cenlar FSB submit the following Request to Extend the Deadline to file a Joint Status Report from July 26, 2018 to September 27, 2018. No other party has appeared in this action.

Introduction

This case involves a criminal defendant that chose to flee this jurisdiction to avoid criminal prosecution for his gambling crimes. As set forth in the Verified Complaint, the defendant assets were purchased by this individual with criminal proceeds and are therefore subject to forfeiture to the United States. ECF No. 1, 4. The United States has defaulted the defendant in this civil case, ECF No. 20, and subsequently moved to sell the properties to preserve equity for forfeiture. See ECF No. 24. This Court granted the motion and the U.S. Marshals are currently in the process of selling the properties.

On February 8, 2018, the United States filed a civil forfeiture complaint in rem against the above-captioned assets ("defendant assets"), based on their involvement in violations of federal gambling laws. All known potential claimants to the defendant property were served in a manner consistent with Dusenbery v. United States, 534 U.S. 161, 168 (2002) and the applicable statutory authority.1 Additionally, public notice on the official internet government forfeiture site, www.forfeiture.gov, began on March 21, 2018, and ran for thirty consecutive days, as required by Rule G(4)(a)(iv)(C) of Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions. A Declaration of Publication was filed on May 2, 2018. ECF No. 16.

Good Cause

The United States has diligently pursued its forfeiture case against the defendant assets and noticed all known potential claimants as required by the Supplemental Rules governing forfeiture cases. On March 16, 2018, Northpointe Bank filed a claim in the forfeiture action alleging a loan interest in the defendant property located at 925 East 11th Avenue. ECF No. 13. The Bank filed an answer on April 5, 2018. ECF No. 15. On May 14, 2018, Velocity Commercial Capital LLC filed a claim in the forfeiture action alleging a loan interest in the defendant property located at 2040 Solano Way. ECF No. 23. On June 8, 2018, Cenlar FSB filed a claim in the forfeiture action alleging a loan interest in the defendant property located at 832-836 7th Avenue. ECF No. 26. Cenlar FSB filed an answer on June 14, 2018. ECF No. 29. No other party has entered this case claiming an interest in the defendant assets.

As explained briefly above, this case presents the unique circumstance of the primary potential claimant, Yaniv Gohar, having fled this jurisdiction to avoid criminal prosecution. See United States v. Yaniv Gohar, et al., Case 2:17-CR-00232-GEB. The United States has obtained Clerk's Defaults against Yaniv Gohar, Eran Berkovich (registered owner of the Mastercraft boat) and United Home SF, Inc. (Mr. Gohar's company which holds an interest in some of the defendant assets). On June 15, 2018, an Order Granting the United States Motion for Interlocutory Sale of the Real Properties was entered and the defendant real properties are in the process of being sold by the United States Marshals Service.

The United States has filed a motion for default judgment and final judgment of forfeiture against all potential claimants that have not filed claims to this action. See ECF No. 40. If granted, the motion would close the case.

Accordingly, there is good cause to extend the deadline to file a joint status report in this case from July 26, 2018 to September 27, 2018, or to a date the Court deems appropriate.

ORDER

Pursuant to the United States' request and good cause appearing, the Court makes the following order:

The deadline to file a Joint Status Report currently due on July 26, 2018 is extended to September 27, 2018.

IT IS SO ORDERED.