Case 3:09-cv-00421-LRH-VPC         Document 76 Filed 02/22/12            Page 1 of 4

 

DANIEL G. BOGDEN

United States Attorney

 

HOLLY A. VANCE

Assistant United States Attorney

100 West Liberty Street, Suite 600

Reno, Nevada 89501

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 NEVADA

 

 

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 Nevada. (#74). Plaintiff seeks to compel NASA to disclose its assets so that he may attempt to collect on a $525.06 judgment for costs that this Court awarded to Plaintiff in this Freedom of Information Act case. This Court should deny the motion because NASA fully intends to pay Plaintiff and thus there is no need to require NASA to disclose its Nevada assets.

 


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 Nevada assets.

 

 

CONCLUSION

 

            For the reasons argued above, this Court should deny Plaintiff's Motion to Compel NASA to Disclose Assets in the State of Nevada. (#74).

 

 

Respectfully submitted,

DANIEL G. BOGDEN

United States Attorney

 

/s/ Holly A. Vance

 

HOLLY A. VANCE

Assistant United States Attorney

 

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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, Reno, Nevada and I am of such age and discretion as to be competent to serve papers. On February 22, 2012,1 served a copy of RESPONSE TO MOTION TO COMPEL NASA TO DISCLOSE ASSETS IN THE STATE OF NEVADA electronically or by U.S. Mail in a postpaid envelope, as appropriate, to the person named below at the stated address.

 

Addressee:

 

Jed Margolin

1981 Empire Road

VC Highlands, NV 89521

jmcase@jmargolin.com

 

/s/ Holly A. Vance

HOLLY A. VANCE

 

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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 Reno, Nevada. I have been employed in that capacity since October 2008.

 

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 Reno, Nevada.

 

 

Holly A. Vance

United States Attorney