United States of America v. $389,820.00 in United States Currency et al
Plaintiff: United States of America
Defendant: $389,820.00 in United States Currency, $15,780.00 in United States Currency, $4,550.00 in United States Currency, 1972 Chevrolet Chevelle, SS 396, VIN: 1D37H2R582820, with All Appurtenances and Attachments Thereon and Miscellaneous Jewelry, namely: 18k yellow gold Rolex watch, side serial nos. v390198 and 218238, inside serial no. 2148; 3-row 14k yellow gold diamond bracelet with 11.47 carats in 93 diamonds, etc.
Case Number: 2:2016cv00985
Filed: December 20, 2016
Court: US District Court for the Middle District of Alabama
Office: Montgomery Office
County: Montgomery
Presiding Judge: W. Harold Albritton
Referring Judge: Wallace Capel
Nature of Suit: Drug Related Seizure of Property
Cause of Action: 21 U.S.C. ยง 881
Jury Demanded By: None
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Date Filed Document Text
December 14, 2021 Opinion or Order Filing 142 MEMORANDUM OPINION AND ORDER: Now pending before the Court is the Claimants' motion for an extension of time to file an appeal (doc. 141 ) filed on 12/10/2021. On 9/16/2021, the Court entered a memorandum opinion and order denying the Claima nts' motion to reconsider. (Doc. 140 ). The Claimants had until 11/16/2021, to file a notice of appeal. Fed. R. App. P. 4(a)(4)(A)(i). Pursuant to Fed. R. App. P. 4(a)(5)(A)(i), the Claimants may seek an extension of time to file an appeal prov ided that the "party so moves no later than 30 days after the time to file a notice of appeal...regardless of whether [the] motion is filed before or during the 30 days after the time prescribed by this Rule 4(a) expires, [if] that party shows e xcusable neglect or good cause." Fed. R. App. P. 4(a)(5)(A)(ii). After examining the Pioneer factors and considering all relevant circumstances concerning the Claimants' failure to timely appeal this matter, the Court concludes that, in thi s case, the Claimants have failed to demonstrate excusable neglect. Accordingly, for the reasons as stated, it is ORDERED that the motion for an enlargement of time to file an appeal (doc. 141 ) is DENIED as further set out in the opinion and order. Signed by Chief Judge Emily C. Marks on 12/14/2021. (dmn, )
September 16, 2021 Opinion or Order Filing 140 MEMORANDUM OPINION AND ORDER DENYING claimant's 133 MOTION to reconsider 131 Order and 132 Final Judgment, as further set out in order. Signed by Chief Judge Emily C. Marks on 9/16/2021. (djy, )
May 24, 2019 Opinion or Order Filing 85 MEMORANDUM OPINION AND ORDER: DENYING Claimant Ruby Barton's 75 Motion to Suppress, as further set out in Opinion and Order. Signed by Chief Judge Emily C. Marks on 5/24/2019. (am, )
June 4, 2018 Opinion or Order Filing 58 ORDER directing as follows: (1) the 57 MOTION for Reconsideration is GRANTED and this case is STAYED pending the final judgment in case CV-17-900092; (2) the parties are to report to the court when final judgment has been entered. Signed by Honorable Judge W. Harold Albritton, III on 6/4/18. (djy, )
May 1, 2018 Opinion or Order Filing 56 ORDER: it is hereby ORDERED as follows: 1) The 54 Motion is GRANTED and the stay in this case is lifted; 2) The parties are ORDERED to confer and file a new Report of Parties Planning meeting by 5/31/2018. Signed by Honorable Judge W. Harold Albritton, III on 5/1/2018. (wcl, )
October 12, 2017 Opinion or Order Filing 48 ORDER TO SHOW CAUSE by plf as to why 47 Motion to Stay should not be granted; Show Cause Response due by 10/27/2017; the motion will be taken under submission on that day for determination without oral argument. Signed by Honorable Judge W. Harold Albritton, III on 10/12/17. (djy, )
September 1, 2017 Opinion or Order Filing 46 ORDER denying as moot United States' 39 Second Motion to Strike Claim of Ruby Barton, as further set out in order. Signed by Honorable Judge W. Harold Albritton, III on 9/1/17. (djy, )
July 20, 2017 Opinion or Order Filing 41 ORDER finding that the pending 38 motion for reconsideration was just cause for the claimant to await a ruling before filing an answer, as further set out in order; the claimant is given until 7/27/2017 to file an answer if she wishes to do so; if she fails to file an answer by that time, the 39 motion to strike will be granted. Signed by Honorable Judge W. Harold Albritton, III on 7/20/17. (djy, )
June 28, 2017 Opinion or Order Filing 37 MEMORANDUM OPINION AND ORDER DENYING Barton's 14 MOTION to Dismiss and the Government's 15 MOTION to Strike ; further ORDERING that Ruby Barton has until 7/14/2017 to file an answer. Signed by Honorable Judge W. Harold Albritton, III on 6/28/17. (djy, )
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Search for this case: United States of America v. $389,820.00 in United States Currency et al
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Plaintiff: United States of America
Represented By: Kevin P Davidson
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Defendant: $389,820.00 in United States Currency
Represented By: Michael Lee Kidd
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Defendant: $15,780.00 in United States Currency
Represented By: Michael Lee Kidd
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Defendant: $4,550.00 in United States Currency
Represented By: Michael Lee Kidd
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Defendant: 1972 Chevrolet Chevelle, SS 396, VIN: 1D37H2R582820, with All Appurtenances and Attachments Thereon
Represented By: Michael Lee Kidd
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Defendant: Miscellaneous Jewelry, namely: 18k yellow gold Rolex watch, side serial nos. v390198 and 218238, inside serial no. 2148; 3-row 14k yellow gold diamond bracelet with 11.47 carats in 93 diamonds, etc.
Represented By: Michael Lee Kidd
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