EX PARTE APPLICATION AND ORDER TO CONTINUE STATUS CONFERENCE
The United States of America, by and through its counsel, applies ex parte for an Order to Continue the Status Conference currently set for September 22, 2008. The reasons are as follows:
1. The United States commenced this in rem civil forfeiture action on or about February 21, 2008. Wachovia Mortgage, FSA FKA World Savings Bank, FSB filed a timely claim and answer to the Complaint on or about March 26, 2008. The Court's Order to Continue Dates for Notice and Joint Status Report filed June 25, 2008 set a Status Conference date of September 22, 2008, at 2:00 p.m.
2. The United States entered into a Stipulation for Final Judgment of Forfeiture with Wachovia on July 18, 2008. Thereafter, on July 23, 2008, the assigned Magistrate Judge held a hearing on the government's Motion for Default Judgment. After hearing, Magistrate Judge Mueller took the Default Judgment Motion under submission and has yet to issue Findings and Recommendations to this Court. No other parties have appeared in the action and the government's Motion for Default Judgment, if granted, would resolve this case in its entirety.
3. For these reasons, the government believes it is premature to conduct a Status (pretrial scheduling) Conference in this matter. It therefore requests that the Court continue the Status Conference in this matter for approximately sixty (60) days from the date of this Order and further provide that any Status Reports shall be filed not less than ten (10) calendar days prior to that date.
Dated: September 11, 2008
McGREGOR W. SCOTT United States Attorney
COURTNEY J. LINN Assistant U.S. Attorney
For good cause shown, and notwithstanding the Court's Order to Continue Dates for Notice and Joint Status Report filed June 25, 2008, the Status Conference in this matter is hereby continued from September 22, 2008 to December 8, 2008 at 1:30 p.m. Status reports shall be filed not less than ten (10) calendar days prior to that date.
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