Motion to Extend Time to File Petition — USA v. Stanley et al. (Dkt. 55, N.D. Fla.)

Record facts

U.S. District Court for the Northern District of Florida · No. 4:22-cr-00032-MW-MAF · Doc. 55 · 2023-02-03 · Docket on CourtListener

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50224329 v1
UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF FLORIDA 
TALLAHASSEE DIVISION 
UNITED STATES OF AMERICA, 
v.  
FELICIA 
TIFFANY 
JACKSON- 
STANLEY AND 
WILBERT JEAN STANLEY, III, 
Defendants. 
___________________________________/
Case 
No.: 
4:22-cr-00032-
MW/MAF 
UNOPPOSED MOTION BY THIRD PARTY AMERICAN COMMERCE 
BANK, N.A. FOR EXTENSION OF TIME TO FILE PETITION 
ADJUDICATING INTEREST IN PROPERTY SUBJECT  
TO THE COURT’S PRELIMINARY ORDER OF FORFEITURE  
Third Party, American Commerce Bank, N.A. (“American Commerce 
Bank”), pursuant to Fed. R. Crim. P. 45 and N.D. Fla. Loc. R. 6.1, respectfully 
moves for an extension of time within which to file a petition under 21 U.S.C. 
§ 853(n)(2) and Fed. R. Crim. P. 32.2(a)(1)(A) asserting a legal interest in 
certain real property subject to the Preliminary Order of Forfeiture (Dkt. 41), 
to and through February 17, 2023.  The United States concurs with the 
requested relief. 
On November 29, 2022, this Court entered a Preliminary Order of 
Forfeiture identifying several parcels of real property as well as various items 
of personal property subject to forfeiture. (Dkt. 41) American Commerce Bank 
has an interest in certain of the parcels identified in the Preliminary Order 
Case 4:22-cr-00032-MW-MAF     Document 55     Filed 02/03/23     Page 1 of 4

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of Forfeiture and intends to assert its rights thereto. On or about January 5, 
2023, pursuant to 21 U.S.C. § 853(n), the United States Attorney’s Office for 
the Northern District of Florida sent via certified mail notice to American 
Commerce Bank of the pending forfeiture action with instructions for filing a 
claim. Thirty days from the date of such mailing would fall on Saturday 
February 4, 2023. Thus, under Fed. R. Crim. P. 45(a)(1)(C), the deadline to 
file a petition asserting an interest in the identified property in the 
Preliminary Order of Forfeiture falls on the next business day, Monday 
February 7, 2023.  
There are discussions among American Commerce Bank, the United 
States and Defendants in this proceeding with respect to the real property in 
which American Commerce Bank claims an interest that may obviate the 
need for American Commerce Bank to file a petition under 21 U.S.C. 
§ 853(n)(2) and Fed. R. Crim. P. 32.2(a)(1)(A). American Commerce Bank 
respectfully requests that the deadline to file its petition be extended for a 
limited period, to February 17, 2023, to allow time for that process to be 
completed.  
MEMORANDUM OF LAW 
Rule 45(b)(1)(A) of the Federal Rules of Criminal Procedure allows for 
the enlargement of time on motion made before the original time has expired 
upon a showing of good cause. As explained above, the time for American 
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Commerce Bank to file a petition under 21 U.S.C. § 853(n)(2) and Fed. R. 
Crim. P. 32.2(a)(1)(A) has not expired. The circumstances referenced herein 
constitute good cause for the requested extension of time. Further, no prejudice 
will accrue to the parties or to the management of this matter, as the requested 
extension is of limited duration and the United States has concurred with the 
request. Therefore, American Commerce Bank respectfully requests that this 
Court exercise its discretion and grant an extension to American Commerce 
Bank to and through February 17, 2023 to file a petition under 21 U.S.C. 
§ 853(n)(2) and Fed. R. Crim. P. 32.2(a)(1)(A). 
CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1(B) 
Undersigned counsel certifies that he has conferred with the Assistant 
United States Attorney assigned to this matter, and the United States concurs 
with the relief being requested by this motion.  
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Dated: February 3, 2023  
BURR & FORMAN LLP 
CHRISTOPHER R. THOMPSON, 
ESQ. 
Florida Bar Number: 0093102 
200 South Orange Avenue, Suite 800 
Orlando, Florida 32801 
Telephone: (407) 540-6600 
Primary and Secondary E-mail 
Addresses: 
crthompson@burr.com 
dmartini@burr.com 
By:      /s/ Adam R. Smart
ADAM R. SMART, ESQ. 
Florida Bar No.: 1032572 
50 North Laura Street, Suite 3000 
Jacksonville, Florida 32202 
Telephone: (904) 232-7200 
Primary and Secondary E-mail 
Addresses:
asmart@burr.com 
jmlewis@burr.com 
ATTORNEYS FOR AMERICAN 
COMMERCE BANK, N.A. 
CERTIFICATE OF SERVICE 
I HEREBY CERTIFY that, on February 3, 2023, I electronically filed the 
foregoing with the Clerk of the Court using the CM/ECF system, which will 
send electronic notice of the filing to all parties. 
/s/ Adam R. Smart
                      Attorney 
Case 4:22-cr-00032-MW-MAF     Document 55     Filed 02/03/23     Page 4 of 4

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