EXHIBIT A

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NICOLA T. HANNA

United States Attorney

LAWRENCE S. MIDDLETON

Assistant United States Attorney

Chief, Criminal Division

STEVEN R. WELK

Assistant United States Attorney

Chief, Asset Forfeiture Section

JOHN J. KUCERA

Assistant United States Attorney

Asset Forfeiture Section

California Bar No. 274184

 Federal Courthouse, 14th Floor 312 North Spring Street Los Angeles, California 90012 Telephone: (213) 894-3391 Facsimile: (213) 894-0142 E-mail: John.Kucera@usdoj.gov

Attorneys for Plaintiff

UNITED STATES OF AMERICA

UNITED STATES DISTRICT COURT

FOR THE CENTRAL DISTRICT OF CALIFORNIA

IN THE MATTER OF THE SEIZURE OF:

ANY AND ALL FUNDS HELD IN 

REPUBLIC BANK OF ARIZONA 

ACCOUNTS XXXX1889; XXXX2592, 

XXXX1938, XXXX2912, AND 

XXXX2500.

No. CV 18-06742-RGK (MAAx)

GOVERNMENT’S EX PARTE APPLICATION 

TO EXTEND DEADLINE AND HEARING 

CURRENT DEADLINE AND HEARING

Opposition Deadline: 8/27/18

Hearing: 9/10/18

Hearing Time: 9:00 A.M.

PROPOSED

Opposition Deadline: 9/10/1

Hearing Deadline: 9/24/18

Location: Courtroom of the 

Hon. R. Gary 

Klausner

On August 1, 2018, James Larkin, defendant in the criminal case 

United States v. Michael Lacey, et al. CR 18-422-PHX-SPL, though his 

attorney of record Thomas H. Bienert, Jr., filed a Notice of Motion 

Case 2:18-cv-06742-RGK-PJW Document 40 Filed 08/27/18 Page 1 of 3 Page ID #:2771 Case 2:18-cr-00422-DJH Document 304-1 Filed 09/14/18 Page 2 of 4
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and Motion to Vacate or Modify Seizure Warrants, which motion was 

joined by defendants Lacy, Brunst, and Spear (“defendants’ Motion”). 

The matter was initially scheduled to be heard by the Honorable 

Patrick J. Walsh, United States Magistrate Judge for the Central 

District of California. However, on August 7, 2018, the matter was 

reassigned to the Honorable R. Gary Klausner, United States District 

Judge for the Central District of California. Thereafter, the Court 

vacated all dates set by Judge Walsh and set a hearing date for 

September 10, 2018.

On August 23, 2018, the parties jointly moved to extend the 

government’s opposition to defendants’ motion from August 17, 2018, 

to and including August 27, 2018, and further agreed to continue the 

related hearing from September 10, 2018, to September 17, 2018. To 

date, the Court has not issued an Order based on that stipulation.

Now, for the reason described below, the government hereby 

applies ex parte to extend until September 10, 2018, any government 

deadline to file an opposition to defendants’ Motion and to extend 

the hearing to September 24, 2018, at 9:00 a.m.

On August 27, 2018, the government filed its Application for 

Order Regarding Criminal Forfeiture of Property in Government Custody 

in the related criminal case CR 18-00422-PHX-SPL (BSB). See

Attachment A. Should that Order issue, the government intends to 

move this Court to find that defendants’ Motion is moot, and the 

government will not object to the filing of any related appropriate 

motion defendants may seek to file in the District of Arizona.

///

///

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The government has sought to contact defendants’ counsel, and 

those counsel with whom the government has spoken have indicated 

their opposition to this application.

Dated: August 27, 2018 Respectfully submitted,

NICOLA T. HANNA

United States Attorney

LAWRENCE S. MIDDLETON

Assistant United States Attorney

Chief, Criminal Division

STEVEN R. WELK

Assistant United States Attorney

Chief, Asset Forfeiture Section

 /s/John J. Kucera

JOHN J. KUCERA

Assistant United States Attorney

Attorneys for Plaintiff

UNITED STATES OF AMERICA

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