Opinion
2:08-CR-064-JCM-EJY
01-25-2023
UNITED STATES OF AMERICA, Plaintiff, v. EVE E. MAZZARELLA, and MELISSA R. BEECROFT, Defendants.
JASON M. FRIERSON United States Attorney DANIEL D. HOLLINGSWORTH Assistant United States Attorney
JASON M. FRIERSON United States Attorney
DANIEL D. HOLLINGSWORTH Assistant United States Attorney
GOVERNMENT'S UNOPPOSED MOTION TO EXTEND TIME TO FILE ITS MOTIONS REGARDING HONEYCUTT, THOMPSON, AND THE EIGHTH AMENDMENT AS APPLIED TO THE DEFENDANTS OR TO SETTLE UNDER ECF NO. 691
(ELEVENTH REQUEST)
JAMES C. MAHAN UNITED STATES DISTRICT COURT JUDGE
This Motion to Extend Time is the eleventh request. LR IA 6-1.
The United States of America respectfully moves this Court for an Order extending the time for the government to file its Motions Regarding Honeycutt, Thompson, Prasad, and the Eighth Amendment as Applied to the Defendants or to Settle under ECF No. 691. The reason is the parties are engaged in negotiations to resolve the forfeiture matters and they agreed to the extension. The current deadline is February 3, 2023. The government requests an extension until August 3, 2023.
Honeycutt v. United States, 581 U.S. 443 (2017); United States v. Thompson, 990 F.3d 680 (9th Cir. 2021); and United States v. Prasad, 18 F.4th 313 (9th Cir. 2021).
The forensic review of the records is completed. Calculations for each defendant's liability are ongoing. The parties continue to negotiate the settlement of their respective forfeiture amounts. Beecroft has agreed to a dollar amount and is in process of negotiating the stipulation. Mazzarella's attorney has provided her position as to the money judgment amount.
On January 23, 2023, Angela Dows, counsel for Melissa R. Beecroft, agreed to this extension. On January 23, 2023, John D. Kirby, counsel for Eve E. Mazzarella, agreed to this extension.
Because of the foregoing reasons, the government requests the extension of time until August 3, 2023, for the defendants and the government to settle, and if settlements do not occur, to place the required documents on a computer program as evidence, to file motions, responses, replies, and to have a forfeiture hearing.
This Motion is not submitted solely for the purpose of delay or for any other improper purpose.
This Court should grant an extension of time to, and including, August 3, 2023.
IT IS SO ORDERED: