United States of America v. $25,180.00 in United States Currency
| United States of America |
| $25,180.00 in United States Currency |
| 4:2013cv03103 |
| May 23, 2013 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| John M. Gerrard |
| Cheryl R. Zwart |
| Drug Related Seizure of Property |
| 28 U.S.C. ยง 1345 Complaint for Forfeiture |
| None |
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The following documents for this case are available for you to view or download:
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Filing
107
ORDER TO WITHDRAW EXHIBITS - Counsel for plaintiff, shall either 1) withdraw the following exhibits previously submitted in this matter within 14 calendar days of the date of this order, or 2) show cause why the exhibits should not be destroyed. Ordered by Judge John M. Gerrard. (JAB)
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Filing
101
ORDER - The Motion to Withdraw Claim of John Anderson (filing 100 ) is granted. The Clerk of the Court is directed to enter default against the defendant $25,180.00 in United States Currency, Anderson, and any other unknown individuals, pu rsuant to Fed. R. Civ. P. 55(a). The plaintiff is directed to file, on or before May 21, 2015, a motion for default judgment, together with submitting to the undersigned judge a draft order which will fully dispose of the case. The non-jury trial currently set to begin on May 4, 2015, is cancelled. The motion to suppress (filing 95 ) filed by Anderson is denied as moot. Ordered by Judge John M. Gerrard. (GJG)
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Filing
88
TRIAL ORDER - The above-captioned civil case is set for a non-jury trial before the undersigned judge in Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska, commencing at 9:00 a.m. on May 4 , 2015, or as soon thereafter as the case may be called, for a duration of 2 trial days. A pretrial teleconference is scheduled to be held before the undersigned judge in chambers at 2:30 p.m. on Thursday, April 30, 2015. An email will be sent to counsel of record with instructions for participating in the pretrial teleconference. Ordered by Judge John M. Gerrard. (GJG)
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Filing
79
ORDER granting 74 claimant's motion to retain expert witness using federal practice fund. Claimant's counsel is authorized to incur expenses related to the retention of an expert witness, not to exceed $4,000 absent further permission from the Court. Ordered by Judge John M. Gerrard. (CCB)
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Filing
73
ORDER - The claimant's Motion to Retain Expert Witness Using Federal Practice Fund (filing 71 ) is denied without prejudice. Ordered by Judge John M. Gerrard. (GJG)
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Filing
68
ORDER - The Magistrate Judge's Findings, Recommendation, and Order (filing 56 ) are adopted. The claimant's Statement of Objections to Magistrate Judge's Findings, Recommendation, and Order (filing 67 ) is overruled. The claiman t's motion for summary judgment (filing 23 ) is denied. The parties are instructed, pursuant to the Magistrate Judge's order of August 5, 2014 (filing 66 ) to contact the Magistrate Judge's chambers on or before October 6, 2014, to discuss final case progression deadlines. Ordered by Judge John M. Gerrard. (GJG)
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Filing
66
ORDER - On or before September 15, 2014, or within ten days following the court's ruling on any objection to the pending Findings and Recommendation, (whichever is later), the parties shall contact my chambers to schedule a conference call to discuss final case progression deadlines, including the pretrial conference and trial dates. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)
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Filing
61
ORDER - The claimant's motions for appointment of counsel (filing 58 ) and to proceed in forma pauperis (filing 60 ) are granted. Pursuant to NEGenR 1.7(g), 28 U.S.C. § 1915(e)(1), and the inherent authority of the Court, the followi ng counsel is appointed to represent the claimant: Jonathan J. Papik, Cline Williams Wright Johnson & Oldfather, L.L.P., One Pacific Place, 1125 S. 103rd Street, Omaha, NE 68124, (402) 397-1700, jpapik@clinewilliams.com. Counsel shall promptly enter an appearance accepting the Court's appointment. Expenses and attorney fees shall be paid from the Federal Practice Fund under the restrictions set out in NEGenR 1.7(g) and this district's Amended Federal Practice Fund Plan and the F ederal Practice Committee Plan (as adopted March 11, 2014). Counsel is particularly directed to Section II(A)(1)(a), Section VI(A)(1), and Attachment A of the Amended Federal Practice Fund Plan, which explain what fees and expenses are authorized and how to seek reimbursement. Any objection to the Magistrate Judge's Findings, Recommendation, and Order of June 9, 2014 (filing 56 ) shall be filed on or before August 22, 2014. On or before August 6, 2014, counsel for the parties shall cont act the Magistrate Judge's chambers to set a status conference to discuss case progression. The Clerk of the Court is directed to provide a copy of this order to the claimant by e-mail and by United States Mail using the following contact information: John Anderson, P.O. Box 3205, San Clemente, California 92674, (949) 681-8012, jander3@cox.net. Ordered by Judge John M. Gerrard. (Copies mailed as directed)(GJG)
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Filing
59
ORDER - Anderson shall complete Form AO 240 and file the completed form with the Court on or before July 7, 2014. The Clerk of the Court shall set a case management deadline of July 7, 2014 with the following docket text: Check on Form AO 240. The pretrial conference set for July 1, 2014, and the jury trial set to commence on July 15, 2014, are canceled until further order of the Court. The deadline for objecting to the Magistrate Judge's Findings and Recommendation (filing 56 ) is terminated until further order of the Court. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(AOA)
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Filing
19
ORDER - The motion to withdraw, (Filing No. 18 ), is granted. Having no counsel, claimant John Anderson may refile his previously denied motion for appointment of counsel, (Filing No. 16 ). Any such motion should be accompanied by evidence in su pport of the motion. The Office of the Clerk shall send a copy of this order to John Anderson via first class mail at his address of record and provide him notice at jander3@cox.net. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed and e-mailed to pro se party as directed)(GJG)
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Filing
10
SCHEDULING ORDER that Counsel for the parties shall confer and, on or before August 26, 2013, they shall jointly file a Form 35 (Rule 26 (f)) Report. Ordered by Magistrate Judge Cheryl R. Zwart. (copy mailed to claimant) (ADB, )
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| Defendant: $25,180.00 in United States Currency | |
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| Plaintiff: United States of America | |
| Represented By: | Nancy A. Svoboda |
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