Free Motion to Supplement - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona Reid C. Pixler Assistant U.S. Attorney Arizona State Bar No. 12850 Two Renaissance Square 40 North Central, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA UNITED STATES OF AMERICA, Plaintiff, v. 1. Lear Jet, Model 31A, Serial Number 31A-224, U.S. Registration # N224LJ; Defendant.
MOTION TO SUPPLEMENT THE RESPONSE OF THE GOVERNMENT REGARDING STAY AND QUASH

CIV-04-363-PHX-JWS

The plaintiff, United States of America, by and through its attorney, Reid C. Pixler,

16 Assistant United States Attorney, respectfully moves this Honorable Court to supplement the 17 government's responses to claimant Abed's Motions seeking to stay the civil forfeiture case and 18 to quash discovery served by plaintiff. 19 20 ARGUMENT The recent replies filed by counsel materially misstate numerous aspects of the present status

21 of the case including conversations with James Lacey, particularly regarding the failure of the 22 Abed claimants to engage in any form of realistic discovery. It is imperative that the Court rule 23 upon the pending motions in sufficient time for the discovery to be produced prior to the 24 deposition of Abed, scheduled for December 13, 2005. Plaintiff seeks to supplement the 25 response on the basis that oral arguments are not presently scheduled and this information must 26 be provided to the Court to correct the unsupported representations made by counsel in the 27 Replies. The supporting affidavits have only been recently executed and address issue raised 28 for the first time in the Replies.

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Local Rule 7.2 sets out the pleadings which may be filed: (b) Memorandum by Moving

2 Party; (c) Responsive Memorandum; (d) Reply Memorandum. The local rules make no 3 provision for the filing of Supplemental pleadings. Federal Rules of Civil Procedure 15(d) 4 requires Court approval before such pleadings are filed and only when the pleading sets, ".... 5 forth transactions or occurrences or events which have happened since the date of the pleading 6 sought to be supplemented." In this situation, the false information presented for the first time 7 in the Reply requires the supplement of the Response. The two affidavits included in the 8 Supplemental Responses have been obtained after the date the Replies were filed. Consistent 9 with the procedure tacitly approved by the Court, the Supplemental Response and exhibits is 10 included herewith. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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Respectfully submitted this 2nd , day of December, 2005. PAUL K. CHARLTON United States Attorney District of Arizona S/Reid C. Pixler REID C. PIXLER Assistant U.S. Attorney

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Douglas F Behm Jennings Strouss & Salmon PLC Collier Ctr 201 E Washington St, Ste 1100 Phoenix, AZ 85004-2385 [email protected] Cynthia Eva Hujar Orr Goldstein Goldstein & Hilley 2900 Tower Life Bldg 310 S St Mary's St, Ste 2900 San Antonio, TX 78205 [email protected] Allen B Bickart Law Office of Allen B Bickart PO Box 44005 Phoenix, AZ 85064 [email protected]

CERTIFICATE OF SERVICE
I.I hereby certify that on December 2, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants:

K Lawson Pedigo Miller Keffer & Pedigo 8401 N Central Expressway , Ste 630 Dallas, TX 75225 [email protected]

9I hereby certify that on December 2, 2005, I served the attached document by U.S. mail, who are not registered participants of the CM/ECF System:
Marc S. Nurik Ruden McClosky Smith Schuster & Russell, PA PO Box 1900 Ft Lauderdale, FL 33302 Leonard J McDonald, Jr Tiffany & Bosco PA Camelback Esplanade II 2525 E Camelback Rd 3rd Floor Phoenix, AZ 85016

S/

Victoria Tiffany Victoria Tiffany

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Case 2:04-cv-00363-JWS

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