United States of America v. $31,420.00 in U.S. Currency et al
| United States of America |
| $31,420.00 in U.S. Currency and $20,700.00 in U.S. Currency, $20,700.00 in U.S. Currency and $31,420.00 in U.S. Currency |
| Octavius Humphrey |
| 2:2019cv00035 |
| January 23, 2019 |
| US District Court for the Northern District of Indiana |
| John E Martin |
| James T Moody |
| Forfeit/Penalty: Other |
| 28 U.S.C. § 1345 |
| None |
Docket Report
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This docket was last retrieved on June 7, 2021. A more recent docket listing may be available from PACER.
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Filing 36
CLERK'S ENTRY OF JUDGMENT. (lhc)
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Filing 35
DEFAULT JUDGMENT AND DECREE OF FORFEITURE OF DEFENDANT $20,700 IN U.S. CURRENCY, GRANTING #34 MOTION for Default Judgment as to defendant property Kwasi Casey and Tina Jones, and all persons who may claim an interest in defendant $20,700 in U.S. Currency by Plaintiff United States of America. Default judgment entered against Defendant $20,700 in U.S. Currency, Kwasi Casey and Tina Jones, and all persons who may claim an interest in defendant $20,700 in U.S. Currency and that $20,700, be forfeited to the United States of America and no right, title, or interest in said property shall exist in any other person. Signed by Senior Judge James T Moody on 6/4/2021.(lhc)
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Filing 34
MOTION for Default Judgment as to defendant property Kwasi Casey and Tina Jones, and all persons who may claim an interest in defendant $20,700 in U.S. Currency by Plaintiff United States of America. (Attachments: #1 Declaration in Support of Default Judgment and Decree of Forfeiture, #2 Exhibit 1- Declaration of Publication)(Trzyna - AUSA, Kathleen)
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Filing 33
Mail Returned from Tina Jones as Undeliverable; No such number - #32 Order on Motion to Strike. (jat)
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Filing 32
ORDER granting #27 Motion to Strike #26 Letter. Signed by Magistrate Judge John E Martin on 8/25/20. (Copy mailed to pro se party)(kjp)
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Filing 31
OPINION AND ORDER: The Court hereby TAKES UNDER ADVISEMENT the Motion to Strike #27 . The Court GRANTS Jones until 8/17/2020 to file a verified claim, compliant with the instructions above and all applicable rules. The Court ENCOURAGES the Government to withhold filing any motion for default judgment until after 8/17/2020. Signed by Magistrate Judge John E Martin on 8/3/2020. (rmf)
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Filing 30
Letter from Tina Jones regarding money. (Attachments: #1 Letter from DayAir, #2 Envelope) (shk)
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Filing 29
ORDER: The Court hereby GRANTS the Motion for Leave to Withdraw Appearance #28 and ORDERS that the appearance of Attorney Orest Szewciw on behalf of the Government is hereby WITHDRAWN. Signed by Magistrate Judge John E Martin on 7/2/2020. (shk)
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Filing 28
MOTION to Withdraw as Attorney by Plaintiff United States of America. (Trzyna - AUSA, Kathleen)
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Filing 27
MOTION to Strike #26 Letter by Plaintiff United States of America. (Trzyna - AUSA, Kathleen)
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Filing 26
STRICKEN per Order, #32 Letter from Tina M Jones regarding money. (Attachments: #1 Envelope) (kjp)
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Filing 25
NOTICE of Appearance by Kathleen T Trzyna - AUSA on behalf of United States of America (Trzyna - AUSA, Kathleen)
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Filing 24
STATUS REPORT by United States of America. (Szewciw - AUSA, Orest)
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Filing 22
CLERK'S ENTRY OF DEFAULT against *Defendants property, Kwasi Casey, Tina Jones and All Unknown Persons* regarding #21 Application for Clerk's Entry of Default, filed by United States of America. (shk)
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Filing 23
TELEPHONE CONFERENCE held 12/4/2019 before Magistrate Judge John E Martin. Pla appeared by AUSA Orest Szewciw. Dft Octavious Humphrey appeared by atty Edward Yim. There is no claim for the remaining money/$20,700.00 by Tina Jones. Govt will move for final judgment and serve Tina Jones on or before 12/27/2019 if no claim is filed. Attorney Yim advises that the case as against his client O Humphrey/$31,420.00 is resolved and final. (#FTR.)(smb)
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Filing 21
APPLICATION FOR CLERK'S ENTRY OF DEFAULT by United States of America as to defendants property, Kwasi Casey, Tina Jones and All Unknown Persons failing to file a claim. (Attachments: #1 Verified Statement in Support of Entry of Default)(Szewciw - AUSA, Orest)
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Filing 20
ORDER/RESET HEARING: On oral motion of Government counsel, the Telephonic Status Conference set on 10/24/2019 is ORDERED RESET to 12/4/2019 10:00 AM before Magistrate Judge John E Martin to allow Government to determine further procedural options against the remaining $20,700.00. Text entry. By Magistrate Judge John E Martin on 10/23/2019. (smb)
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Filing 19
AGREED FORFEITURE JUDGMENT: Plaintiff filed Joint Motion for Judgment of Forfeiture #18 . The Government and Claimant have agreed to settle their respective claims. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that $15,710.00 of the defendant $31,420.00 in U.S. Currency is hereby forfeited to the United States of America, and that no other person shall have any right, title or interest thereto. IT IS FURTHER ORDERED that $15,710.00 of defendant $31,420.00 in U.S. Currency be returned to Claimant, Octavius Humphrey, by electronic deposit into an account designated by the claimant on an ACH form provided by the Government. IT IS FURTHER ORDERED that neither the United States of America nor Claimant shall be liable for an award of costs and/or attorney fees against the other in connection with this matter, and the parties further agree that the Plaintiff had probable cause to commence this action. Signed by Senior Judge James T Moody on 10/21/2019. (shk)
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Filing 18
Joint MOTION for Judgment of Forfeiture by Plaintiff United States of America. (Attachments: #1 Exhibit 1- Declaration of Publication)(Szewciw - AUSA, Orest)
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Filing 17
ORDER/CHANGE IN TIME OF HEARING: On the Court's own motion, Telephonic Status Conference on 10/24/2019 @9:30 is ORDERED RESET to 01:45 PM Central in US District Court - Hammond before Magistrate Judge John E Martin with the Court initiating the conference. Text entry order. By Magistrate Judge John E Martin on 10/11/2019. (smb)
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Senior Judge James T Moody added. Magistrate Judge John E Martin no longer the presider in this matter per DE #16 Order. Previous consent was entered in error. (rmf) Modified on 10/22/2019 to correct entry. (tlr).
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Filing 16
ORDER: The Court VACATES the order at DE #11 Notice of Full Consent to Magistrate Judge (Standard), reassigning this case to the undersigned Magistrate Judge, and DIRECTS the Clerk of Court to change the docket to reflect Senior Judge James T. Moody as the presiding judge in this matter. Signed by Magistrate Judge John E Martin on 7/18/2019. (rmf)
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Filing 15
TELEPHONE CONFERENCE held 7/18/2019 before Magistrate Judge John E Martin. Pla appeared by AUSA Orest Szewciw. Claimant Octavious Humphrey appeared by atty Edward C. Yim. Parties request additional time to pursue resolution prior to entering a scheduling order. The second potential claimant, Kwasi Casey, has not filed a notice of claim. Government anticipates on moving for default/forfeiture as to the currency as it relates to Kwasi Casey. Telephonic Status Conference set for 10/24/2019 09:30 AM Central before Magistrate Judge John E Martin w/the Court initiating the conference. (#FTR.) (smb)
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Filing 14
ORDER granting #12 Motion to Continue. The Rule 16 Preliminary Pretrial Conference on 6/6/2018 @10:45 AM is ORDERED RESET to 7/18/2019 10:15 AM Central before Magistrate Judge John E Martin to be conducted telephonically. The Court will initiate the conference. Any change in contact information is to be provided to the case manager sue_brown@innd.uscourts.gov no earlier than 48 hours in advance. Text entry order. By Magistrate Judge John E Martin on 5/24/2019. (smb)
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Filing 13
CERTIFICATE of Service. (Yim PHV, Edward)
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Filing 12
First MOTION to Continue Preliminary Pre-Trial Conference by Claimant Octavius Humphrey. (Yim PHV, Edward)
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Filing 11
*VACATED* NOTICE OF REASSIGNMENT OF CASE TO MAGISTRATE JUDGE: The parties having consented pursuant to 28 U.S.C. Section 636(c), this case is referred to Magistrate Judge John E Martin for all purposes and is reassigned pursuant to General Order 2018-2 from Magistrate Judge John E Martin and Senior Judge James T Moody to Magistrate Judge John E Martin. (kjp) Modified on 7/18/2019 to vacate per DE #16 Order (rmf).
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Filing 10
MAGISTRATE JUDGE CONSENT FORMS sent to all parties.. Magistrate Consent forms due by 4/26/2019. (smb)
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Filing 9
ORDER & NOTICE OF HEARING: Rule 16 Preliminary Pretrial Conference set for 6/6/2019 10:45 AM Central in US District Court - Hammond before Magistrate Judge John E Martin. Proposed joint discovery plan in accordance with FRCP 26(f) due 5/31/2019. Signed by Magistrate Judge John E Martin on 4/5/2019. (smb)
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Filing 8
ORDER: Each party and each attorney in this case shall take reasonable steps to preserve electronically stored information (ESI) that is relevant to any claim or defense in this case, whether or not the information is admissible at trial. This requirement relates back to the point in time when the party or attorney reasonably anticipated litigation about these matters. Text entry order. By Magistrate Judge John E Martin on 3/22/2019. (smb)
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Filing 7
Defendant's ANSWER to #1 Complaint, Filed by $31,420.00 in U.S. Currency, Octavius Humphrey. (Attachments: #1 Certificate of Service)(Yim PHV, Edward)
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Filing 6
ORDER granting #5 Application to Appear Pro Hac Vice of Attorney Edward C Yim PHV for $31,420.00 in U.S. Currency/Octavius Humphrey. Signed by Magistrate Judge John E Martin on 3/19/2019. (mtr)
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Filing 5
Application for Attorney Edward Chang Yim to Appear Pro Hac Vice on behalf of $31,420.00 in U.S. Currency/Octavius Humphrey. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3837975 (Attachments: #1 Certificate of Good Standing - Indiana, #2 Certificate of Good Standing - Ohio, #3 Certificate of Good Standing - California)(Pro Hac Vice Temporary login, )
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Filing 4
CERTIFICATE OF SERVICE by United States of America re #2 Warrant Issued, #1 Complaint, (Attachments: #1 DIRECT NOTICE OF JUDICIAL FORFEITURE PROCEEDINGS)(Szewciw - AUSA, Orest)
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Filing 3
CERTIFICATE OF SERVICE by United States of America re #2 Warrant Issued, #1 Complaint, (Attachments: #1 Direct Notice of Judicial Forfeiture Proceedings)(Szewciw - AUSA, Orest)
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Filing 2
WARRANT for ARREST IN REM issued. NOTE: The attached document is accessible by court personnel only. (sct)
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Senior Judge James T Moody and Magistrate Judge John E Martin added. (New Case) (sct)
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Filing 1
COMPLAINT IN REM against $31,420.00 in U.S. Currency and $20,700.00 in U.S. Currency, filed by United States of America. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons /Warrant for Arrest in Rem)(Szewciw - AUSA, Orest)
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