United States of America v. Approximately $5,942,613.25 seized from PNC Bank Account number 4003137609
Plaintiff: United States of America
Defendant: Approximately $5,942,613.25 seized from PNC Bank Account number 4003137609
Case Number: 1:2021cv23160
Filed: September 1, 2021
Court: US District Court for the Southern District of Florida
Presiding Judge: Lauren Fleischer Louis
Referring Judge: K Michael Moore
Nature of Suit: Forfeit/Penalty: Other
Cause of Action: 18 U.S.C. ยง 0981
Jury Demanded By: None
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Docket Report

This docket was last retrieved on October 27, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 27, 2021 Filing 11 NOTICE of Attorney Appearance by Scott Gardner Hawkins on behalf of Approximately $5,942,613.25 seized from PNC Bank Account number 4003137609 (Hawkins, Scott)
October 26, 2021 Opinion or Order Filing 10 PAPERLESS ORDER TO SHOW CAUSE. THIS CAUSE came before the Court upon the filing of Winter Winds Farm LLC's ("Winter Winds") #8 Answer to the United States' Verified Complaint for Forfeiture In Rem and #9 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing as to Andrew C. Porter, Esq. Attorney Scott G. Hawkins, Esq. ("Hawkins") signed the Answer #8 and Motion #9 as an attorney for Winter Winds. See #8 at 4; #9 at 2. However, Hawkins filed a Notice of Appearance in this in rem action "on behalf of the Defendant, Approximately $5,942,613.25 Seized from PNC Bank Account 4003137609 as to Winter Winds Farm, LLC." #6 at 1. Thus, Hawkins is listed as counsel of record for Defendant Approximately $5,942,613.25 seized from PNC Bank Account number 4003137609 (the "Defendant-Currency"); however, Winter Winds is not listed on the docket in this action and Hawkins has not filed a notice of appearance as to Winter Winds. Based on the foregoing, attorney Scott G. Hawkins, Esq. is hereby ORDERED TO SHOW CAUSE on or before October 29, 2021 as to why he has not filed a notice of appearance on behalf of Winter Winds. In responding to the Court's Order to Show Cause, Scott G. Hawkins shall briefly clarify whether his appearance is on behalf of only Defendant-Currency, on behalf of only Winter Winds, or on behalf of both. Alternatively, on or before October 29, 2021, attorney Scott G. Hawkins, Esq. may file an amended or additional notice of appearance. Signed by Judge K. Michael Moore on 10/26/2021. (elm)
October 22, 2021 Filing 9 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Andrew C. Porter. Filing Fee $ 200.00 Receipt # AFLSDC-15115427 by Approximately $5,942,613.25 seized from PNC Bank Account number 4003137609. Responses due by 11/5/2021 (Attachments: #1 Text of Proposed Order)(Hawkins, Scott)
October 22, 2021 Filing 8 ANSWER to Complaint by Approximately $5,942,613.25 seized from PNC Bank Account number 4003137609. (Hawkins, Scott)
October 8, 2021 Filing 7 NOTICE by Approximately $5,942,613.25 seized from PNC Bank Account number 4003137609 Notice of filing Claim Form (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E) (Hawkins, Scott)
October 8, 2021 Filing 6 NOTICE of Attorney Appearance by Scott Gardner Hawkins on behalf of Approximately $5,942,613.25 seized from PNC Bank Account number 4003137609. Attorney Scott Gardner Hawkins added to party Approximately $5,942,613.25 seized from PNC Bank Account number 4003137609(pty:dft). (Hawkins, Scott)
September 2, 2021 Opinion or Order Filing 5 PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LAUREN F. LOUIS. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Lauren F. Louis to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Louis's discovery procedures. Signed by Judge K. Michael Moore on 9/2/2021. (hwr)
September 2, 2021 Opinion or Order Filing 4 PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 9/2/2021. (hwr)
September 1, 2021 Filing 3 Warrant In Rem Issued as to Approximately $5,942,613.25 seized from PNC Bank Account number 4003137609. Signed by DEPUTY CLERK on 9/1/2021. See attached document for full details. (jbs)
September 1, 2021 Filing 2 Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jbs)
September 1, 2021 Filing 1 COMPLAINT for Forfeiture against Approximately $5,942,613.25 seized from PNC Bank Account number 4003137609. Filing fees $ 402.00. USA Filer - No Filing Fee Required, filed by United States of America. (Attachments: #1 Civil Cover Sheet, #2 Warrant, #3 Civil Cover Sheet)(Stone, Emily)

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Plaintiff: United States of America
Represented By: Emily Rose Stone
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Defendant: Approximately $5,942,613.25 seized from PNC Bank Account number 4003137609
Represented By: Scott Gardner Hawkins
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