Case: 2:14-cv-00125-WOB-JGW Doc #: 49 Filed: 11/04/15 Page: 1 of 2 - Page ID#: 594

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF KENTUCKY
NORTHERN DIVISION AT COVINGTON

CIVIL ACTION NO. 2:14-cv-125 (WOB-JGW)
UNITED STATES OF AMERICA

PLAINTIFF

VS.

ORDER

$11,000.00 IN UNITED
STATES CURRENCY

DEFENDANT

and
CHARLES L. CLARKE, III

This

matter

is

CLAIMANT

before

the

Court

on

the

Claimant’s

objections to the United States Magistrate Judge’s ruling on a
motion to compel (Doc. 44).
The

Court

held

a

hearing

on

these

objections

and

a

preliminary pretrial conference on Tuesday, November 3, 2015.
Brandnon

Fyffe

and

David

Olinger

represented

the

plaintiff.

Darpana Sheth, Renee Flaherty, and Christopher Wiest represented
the Claimant.

Official court reporter Joan Averdick recorded

the proceedings.
Having

discussed

this

matter

with

counsel,

the

Court

concludes that the most efficient means of proceeding is to
sever the question of whether the money in question is, in fact,
subject to forfeiture from the affirmative defenses raised by
Claimant.

This will streamline discovery and, possibly, obviate

 Case: 2:14-cv-00125-WOB-JGW Doc #: 49 Filed: 11/04/15 Page: 2 of 2 - Page ID#: 595

the need for any proceedings beyond this threshold question.
However, discovery on the affirmative defenses may continue at a
later time if appropriate.
Therefore, having heard the parties, and the Court being
sufficiently advised,
IT IS ORDERED that:
(1) Claimant’s objections to the Magistrate Judge’s Order
(Doc. 44) be, and are hereby, TAKEN UNDER SUBMISSION;
(2)

The

parties

shall

have

until

February

1,

2016

to

conduct discovery on the issue of whether Claimant’s money meets
the criteria for forfeiture under 21 U.S.C. § 881(a)(6), and all
other discovery is hereby STAYED pending further order of the
Court; and
(3) Dispositive motions on the forfeiture issue shall be
filed within forty-five (45) days of the close of this initial
discovery period; responses thereto shall be filed within thirty
(30) days; and any replies shall be filed within fifteen (15)
days thereafter.
This 4th day of November, 2015.

TIC: 40 min. 
2