Free Reply to Response to Motion - District Court of Arizona - Arizona

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Gerald H. Goldstein TX Bar No. 08101000 Cynthia E. Orr TX Bar No. 15313350 Goldstein, Goldstein & Hilley 310 S. St. Mary's St., 29 th Floor San Antonio, Texas 78205 210-226-1463

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA UNITED STATES OF AMERICA, Plaintiff, versus 1. Lear Jet, Model 31A, Serial Number 31A-244, U.S. Registration No.N224LJ, Defendant. § § § § § § § §

CIV-04-363-PHX-JWS REPLY TO PLAINTIFF'S RESPONSE IN OPPOSITION TO MOTION TO QUASH

NOW COMES, ALBERTO ABED-SCHEBAIKAN, Calezar, Ltd., and Uptongrove, Ltd., [hereinafter, "Claimants"], and file this Reply to Plaintiff's Response in Opposition to Motion to Quash, and in support would show the Court as follows: 1. Why the motion is not filed in bad faith. The motion for stay is pending and allowing discovery1 directed solely at Alberto Abed-Schebaikan would burden his right against self-incrimination. See exhibits attached to Motion for Stay of Civil Forfeiture Proceedings. No corporate entities have asserted any claims in this regard as no discovery has been sent to them. Also, the fast track rule does not dispense with the sensible

21 application of Rule 26. Rule 26 is aimed at bringing order to discovery. The fast track 22 23 24 25 26 27 28
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designation is intended for cases which "usually are resolved on the pleadings." The fast track designation rule, Local Rule 16.2, states that a case management conference is not required. It does not eliminate the need for an initial meeting of counsel. Such a meeting

All discovery requests are directed solely at Alberto Abed-Schebaikan. 1

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could result in a far more orderly presentation to the Court of issues such as the present Motion to Stay. 2. This is not the typical fast track sort of forfeiture case where no claimant files an answer and the case is resolved on the pleadings. This case involves discovery in

Switzerland, France, Ireland, Mexico and other countries. It involves incarcerated witnesses in Mexico and foreign countries with different laws covering the disclosure of bank records. This case is as complex as many Track III cases filed in this District. 3. The meeting in Phoenix on October 27, 2004, was not a meeting to explore the service of discovery materials, nor was it an informal interview of Alberto Abed-Schebaikan. It was a settlement conference where counsel for the Claimant suggested resolution of the

11 case prior to discovery. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Respectfully submitted, GERALD H. GOLDSTEIN Bar No. 08101000 CYNTHIA EVA HUJAR ORR Bar No. 15313350 GOLDSTEIN, GOLDSTEIN & HILLEY 310 S. St. Mary's St. 29 th Floor Tower Life Bldg. San Antonio, Texas 78205 210-226-1463 210-226-8367 facsimile 2 4. Nothing in Local Rule 16 exempts the Government from its initial disclosure requirements under Rule 26. The Plaintiff has not provided the Claimants the initial disclosures minimally required by Rule 26. 5. Mr. Abed filed a timely motion for stay and to quash discovery. Abed incorporates by reference the arguments made in its' Reply in Support of Motion for Stay. WHEREFORE, PREMISES CONSIDERED, Movant prays that its' Motion to Quash be granted.

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BY: ______/s/______________________ Cynthia E. Orr CERTIFICATE OF SERVICE I HEREBY CERTIFY that on November 28 th , 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: Reid Pixler Assistant United States Attorney 2 Renaissance Sq. 40 N. Central, Ste. 1200 Phoenix, Arizona 85004-4408 [email protected] Allen B. Bickart 6508 N. 10 th Place Phoenix, Arizona 85014 [email protected] Douglas F. Behm Jennings Strouss & Salmon P.L.C. Collier Cntr. 201 E. Washington St., Ste. 1100 Phoenix, AZ 85004-2385 [email protected] Lawson Pedigo Miller, Keffer & Pedigo 8401 N. Central Expressway, Ste. 630 Dallas, Texas 75225 [email protected] and via U.S. Mail, first class, to the following who are not registered participants of the CM/ECF: Jennifer Collins Mark Hopson Sidley, Austin, Brown & Wood 1501 "K" Street, N.W. Washington, D.C. 20005 Geoffrey Young Ruden McClosky 150 2 nd Ave., Suite 1700 St. Petersburg, FL 33701 Marc S. Nurik, Esq. 3

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Ruden, McClosky, Smith, Schuster & Russell, P.A. 200 East Broward Blvd., Ste. 1500 P.O. Box 1900 Ft. Lauderdale, FL 33302 and Leonard J. McDonald, Jr. Tiffany & Bosco, P.A. 2525 E. Camelback Rd. Phoenix, AZ 86015-4237. __/s/_______________________________ Cynthia E. Orr

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