Opinion
1:20-cv-11973
07-29-2024
UNITED STATES OF AMERICA, Plaintiff, v. ONE THOUSAND SEVEN HUNDRED FIFTY-SIX DOLLARS AND THREE CENTS $1,765.03 IN U.S. CURRENCE FROM HUNTINGTON NATIONAL BANK ACCOUNT NO. XXXXXXX0024, et al. Defendants in Rem.
Steven L. Kessler LAW OFFICES OF STEVEN L. KESSLER Attorneys for Andrew and Tara Semenchuk
Steven L. Kessler LAW OFFICES OF STEVEN L. KESSLER Attorneys for Andrew and Tara Semenchuk
ORDER GRANTING IN PART CLAIMANT ANDREW SEMENCHUK AND CLAIMANT TARA SEMENCHUK'S JOINT MOTION FOR LEAVE TO FILE BRIEF IN EXCESS OF LOCAL RULE PAGE LIMIT
THOMAS L. LUDINGTON UNITED STATES DISTRICT JUDGE
On July 29, 2024, Andrew and Tara Semenchuk-Claimants in the above-captioned civil forfeiture case-sent the attached letter to the Court seeking to file a brief in support of a forthcoming motion in excess of Local Rule 7.1(d)(3)(A)'s 25-page limit. The Semenchuks' letter, construed as a motion, requests a 25-page extension, and seeks to file a 50-page brief in support of the Semenchuks' forthcoming motion to dismiss the civil forfeiture claims and to return their seized property. Having reviewed the attached motion and this Court being otherwise fully advised in the premises, this Court finds good cause to grant the Semenchuks a 15-page extension such that their forthcoming brief in support shall not exceed 40 pages.
Accordingly, it is ORDERED that Claimants Andrew and Tara Semenchuk's attached Motion for Leave to file a Brief in Excess of Local Rule 7.1(d)'s Page Limit is GRANTED IN PART, to the extent it seeks a page extension.
Further, it is ORDERED that Claimants Andrew and Tara Semenchuk's attached Motion for Leave to file a Brief in Excess of Local Rule 7.1(d)'s Page Limit is DENIED IN PART, to the extent it seeks a 25-page extension and leave to file a forthcoming 50-page brief in support.
Further, it is ORDERED that Claimants Andrew and Tara Semenchuk are DIRECTED to file their joint brief in support of their forthcoming motion, not to exceed 40 pages.
THE LAW OFFICES OF
STEVEN L. KESSLER
Via EMAIL
The Honorable Thomas L. Ludington United States District Court
Eastern District of Michigan 1000 Washington Ave., Room 214
Bay City, MI 48708
United States v. Jeffrey Bartlett, et al.
Case No. 1:23-cr-20676
Dear Judge Ludington:
This office represents Andrew Semenchuk and Tara Semenchuk, owners of nearly $5 million in seized and restrained property that the prosecution seeks to forfeit in both the civil forfeiture case and the criminal proceeding referenced above. This request for a page extension is respectfully submitted ex parte pursuant to Your Honor's Individual Practices and Local Rule 7.1.
As we previously informed the Court, the Semenchuks are preparing a motion for the release and return of their seized and restrained property. We have agreed to a motion schedule with the prosecution, pursuant to which our moving papers are to be filed by July 31, 2024. Given the nature of the motion, it necessarily spans both the criminal and civil forfeiture cases. Further, in addition to the seizure and restraint of the Semenchuks' liquid assets, the motion addresses the seizure of the Semenchuks' home, which the prosecution restrained five years ago using Michigan state law procedures, and which was recently identified as subject to forfeiture in the criminal case in the prosecution's Bill of Particulars (ECF No. 85). The Bill of Particulars also lists the Semenchuks' civilly restrained accounts as subject to criminal forfeiture.
Our submission also includes briefing on a separate ground for relief - dismissal of the civil forfeiture claims against the Semenchuks' seized and restrained assets. We address this issue because, during pre-motion discussions, the prosecution took the position that, in their view, a motion to dismiss is the only procedural vehicle available for the release of assets seized or restrained by civil seizure warrants. Therefore, because of the number of issues necessarily addressed in the motion, our memorandum in support is approximately 50 pages, exceeding the page limits set by L.R. 7.1.
We note that the only additional materials accompanying our motion are six exhibits totaling 20 pages. We understand that the page total requires submission of a printed courtesy copy in compliance with Your Honor's Individual Practices.
In light of the foregoing and the importance of the issues presented by the Semenchuks' motion, we respectfully request that this application for a page extension be granted.
Thank you.
Respectfully,