1 SAIcGtiAngL U CnHitAedT STtAatHes Attorney 2 District of Nevada Nevada Bar No. 8264 3 DANIEL D. HOLLINGSWORTH Assistant United States Attorney 4 Nevada Bar No. 1925 501 Las Vegas Boulevard South, Suite 1100 5 Las Vegas, Nevada 89101 Tel: (702) 388-6336 6 Fax: (702) 388-6787 [email protected] 7 Attorneys for the United States 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 ORDER GRANTING 11 United States of America, 2:25-CV-310-APG-DJA 12 Plaintiff, Reply to Non-Response to United States of America’s Second Motion to Extend the 13 v. Time to Respond, ECF No. 28, to Oliver Jair Martinez-Mendez’s Motion to Set 14 $755,831 in United States Currency, Aside Clerk’s Default and to Dismiss the Forfeiture Complaint, ECF No. 23 15 Defendant, 16 Oliver Jair Martinez-Mendez, 17 Claimant. 18 The government certifies the Reply is filed timely. 1 19 The government replies to Oliver Jair Martinez-Mendez’s failure to respond to the 20 Government’s Motion to Extend the Time to Respond (Motion), ECF No. 28.2 The 21 government filed the Motion on August 4, 2025, and Mendez’s Response was due August 22 18, 2025. Because Mendez failed to respond to the government’s Motion, he consents to 23 granting the Motion.3 24 25 1 LR 7-2(b) and LCR 12-1(a)(3). 2 Motion, ECF No. 28. 26

-3 (formerly LCR 47-9) (“The failure of an opposing party to include points and authorities in response to any motion constitutes a consent to granting the motion”); United 27 States v. Martinez, Nos. 2:04-CR-00286-KJD-(GWF) and 2:05-CV-1527-KJD-(GWF), 2006

, 1 (D. Nev. May 2, 2006); United States v. Martinez-Rodriquez, No. 2:08-CR- 1 The government requested an extension of time to respond to, and to clarify the facts 2 and statements of, Mendez’s Motion to Set Aside Clerk’s Default and to Dismiss the 3 Forfeiture Complaint,4 to and including November 11, 2025. The government believes the 4 clarification will cause Mendez to withdraw his Motion. The government also agrees, per 5 Mendez’s request, this Court delay entering the Motion for Entry of Default Judgment of 6 Forfeiture, ECF No. 16, until after the resolution of Mendez’s Motion. 7 The grounds for Government’s request for the extension of time are as follows. 8 The government has been in process obtaining permission from the Court to provide 9 sealed documents on two related sealed cases. The one Court granted permission on one of 10 the related sealed cases, but the government waits on the Court for the other case. It is not 11 within the government’s control to obtain the Court’s permission to provide the documents. 12 The parties have originally agreed on Stipulations for Protective Orders. The 13 government believes the Stipulations are necessary to protect the disclosure of sensitive, law- 14 enforcement information in connection with any investigations. The Stipulations have been 15 in review with Mendez’s counsel, Richard Wynn and Ismail Amin without any progress 16 regarding one disputed issue. If Mendez’s counsel and the government have a point of 17 contention that cannot be resolved in the Stipulations, the government may pursue an 18 alternate route for the sealed documents. 19 CONCLUSION 20 Based on the foregoing, this Court should grant an extension of time to, and 21 including, November 11, 2025, for (1) the government to respond to the Mendez’s Motion 22 / / / 23 / / / 24 / / / 25 / / / 26

OMICS Group Inc., No. 2:16-CV-02022-GMN-VCF,

, 2 (D. Nev. Dec. 15, 27 2017). 28 4 Oliver Jair Martinez-Mendez’s Motion to Set Aside Clerk’s Default and to Dismiss the 1 || to Set Aside Clerk’s Default and to Dismiss the Forfeiture Compliant, if Mendez does not 2 || withdraw his Motion, and (2) for Mendez to respond to the Motion for Entry of Default 3 || Judgment of Forfeiture. 4 Dated: August 21, 2025. Respectfully submitted, ° SIGAL CHATTAH 6 Acting United States Attorney 7 /s/ Daniel D. Hollingsworth DANIEL D. HOLLINGSWORTH 8 Assistant United States Attorney 9 10 11 SO ORDERED: 12 Dated:_ August 22, 2025 13 14 15 ANDREW P. GORDON 6 CHIEF UNITED STATES DISTRICT COURT JUDGE

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