Case 3:09-cv-00421-LRH-VPC Document 76 Filed 02/22/12 Page 1 of 4
DANIEL G. BOGDEN
HOLLY A. VANCE
Assistant
Tel: (775) 784-5438
Fax: (775) 784-5181
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Case No. 3:09-CV-00421-LRH-VPC
RESPONSE
TO MOTION TO COMPEL NASA TO DISCLOSE ASSETS IN THE STATE OF
JED MARGOLIN,
Plaintiff
v.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION,
Defendant.
COMES NOW Defendant, National Aeronautics and Space Administration
("NASA"), and submits this response to Plaintiff's Motion to Compel NASA
to Disclose Assets in the State of
Case 3:09-cv-00421-LRH-VPC Document 76 Filed 02/22/12 Page 2 of 4
ARGUMENT
This Court awarded Plaintiff $525.06 in costs in an order dated November 3,
2011. (#73). NASA had 60 days to appeal from that
order. F.R.A.P. 4(a) (giving federal agency 60 days to file notice of appeal).
NASA did not complete its evaluation of whether to appeal from the judgment
awarding Plaintiff costs until early January 2012. (Vance
Dec. ¶ 4). Moreover, the government generally requires at least eight
weeks to process a judgment for payment. (Vance Dec. ¶ 5). Given the 60-day appeal time and the
eight-week period to process the judgment for payment, NASA anticipates that
Plaintiff will be paid in March 2012. (Vance Dec. ¶ 6).
Because NASA fully intends to pay Plaintiff, there is no need to require NASA
to disclose its
CONCLUSION
For the reasons argued above, this Court should deny Plaintiff's Motion to
Compel NASA to Disclose Assets in the State of
Respectfully submitted,
DANIEL G. BOGDEN
/s/ Holly A. Vance
HOLLY A. VANCE
Assistant
2
Case 3:09-cv-00421-LRH-VPC Document 76 Filed 02/22/12 Page 3 of 4
CERTIFICATE OF SERVICE
Case No. 3 :09-CV-00421-LRH-VPC
JED MARGOLIN,
Plaintiff,
v.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION,
Defendant.
I hereby certify that I am an employee in the office of the United States
Attorney,
Addressee:
Jed Margolin
1981 Empire Road
VC
jmcase@jmargolin.com
/s/ Holly A. Vance
HOLLY A. VANCE
3
Case 3:09-cv-00421-LRH-VPC Document 76 Filed 02/22/12 Page 4 of 4
DECLARATION OF HOLLY A. VANCE
I, Holly A. Vance, hereby declare as follows pursuant to 28 U.S.C. § 1746:
1.
I serve as an Assistant United States Attorney with the Department
of Justice, United States Attorney's Office in
2. I have been assigned to defend the litigation entitled Margolin v. NASA, 3:09-CV-421-LRH-VPC.
3. On November 3, 2011, this Court awarded $525.06 in costs to Plaintiff. (#73).
4. The National Aeronautics and Space Administration ("NASA") did not complete its evaluation of whether to appeal from that cost award until early January 2012. At that time, NASA decided that it would not appeal from the cost award.
5. Accordingly, NASA fully intends to pay the award, as ordered by this Court. It generally takes about eight weeks, however, to process a judgment for payment.
6. Given the 60-day appeal time and the eight-week period to process the judgment for payment, NASA anticipates that Plaintiff will be paid in March 2012.
I declare under penalty of perjury that the foregoing is true and correct.
Executed this 22nd day of February, 2012, in
Holly A. Vance