United States of America v. Tran
Plaintiff: United States of America
Defendant: Scott T. Tran
Case Number: 4:2015cv03036
Filed: March 31, 2015
Court: US District Court for the District of Nebraska
Office: 4 Lincoln Office
Presiding Judge: John M. Gerrard
Presiding Judge: Cheryl R. Zwart
Nature of Suit: Other Statutory Actions
Cause of Action: 18 U.S.C. ยง 1345 Injunctions against fraud
Jury Demanded By: None
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Date Filed Document Text
March 17, 2017 Opinion or Order Filing 24 ORDER TO SHOW CAUSE - It is ordered that the parties shall show cause, on or before March 31, 2017, why this case should not be dismissed. In the absence of such showing, judgment will be entered without further notice. Ordered by Judge John M. Gerrard. (SLP)
June 1, 2015 Opinion or Order Filing 21 AMENDED ORDER AND PRELIMINARY INJUNCTION based on the foregoing, the Court hereby concludes that the requested relief 19 be GRANTED. Because the United States' motion is based upon 18 U.S.C. § 1345, which expressly authorizes injunctive relief to protect the public interest, no specific finding of irreparable harm is necessary, no showing of the inadequacy of other remedies at law is necessary, and no balancing of the interests of the parties is required prior to the issuance of a p reliminary injunction in this case. Defendant Scott Tran, his agents, employees, attorneys, and all persons acting in concert and participation with him, including all banking and other financial institutions at which he does business, and all corpo rations over which he exercises control, who receive actual or constructive notice by personal service, by publication, or otherwise, be enjoined as stated in order. IT IS FURTHER ORDERED that within 14 days of the entry of this order and every 14 da ys thereafter, the Pharmacy shall provide the government with an accounting of financial transactions through the Pinnacle Bank Pharmacy Account and plaintiff, United States of America shall not be required to post security for the instant action. Th is Preliminary Injunction shall remain in force until further Order of the Court, provided, however, that nothing in this Preliminary Injunction shall prevent (a) Defendant from surrendering to the United States any assets frozen by this Preliminary Injunction, if the United States consents to such voluntary surrender, or (b) any law enforcement officer from executing a warrant to seize property subject to forfeiture. Ordered by Judge John M. Gerrard. (CCB)
May 21, 2015 Opinion or Order Filing 18 ORDER granting 15 Motion to Withdraw as Attorney. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
May 20, 2015 Opinion or Order Filing 16 ORDER re: access to safe deposit box for the purposes of pretrial release. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
April 28, 2015 Opinion or Order Filing 14 ORDER AND PRELIMINARY INJUNCTION granting the parties' 13 JOINT MOTION for Preliminary Injunction. Because the United States' motion is based upon 18 U.S.C. § 1345, which expressly authorizes injunctive relief to protect the pub lic interest, no specific finding of irreparable harm is necessary, no showing of the inadequacy of other remedies at law is necessary, and no balancing of the interests of the parties is required prior to the issuance of a preliminary injunction in this case. Defendant Scott Tran, his agents, employees, attorneys, and all persons acting in concert and participation with him, including all banking and other financial institutions at which he does business, and all corporations over which he exercises control, who receive actual or constructive notice by personal service, by publication, or otherwise, be enjoined as set forth within the order. IT IS FURTHER ORDERED that within 14 days of the entry of this Order and every 14 days t hereafter, the pharmacy shall provide the government with an accounting of financial transactions through the Wells Fargo Pharmacy Account; IT IS FURTHER ORDERED that the Defendant, his agents, employees, attorneys, and all persons acting in conce rt and participation with him, including all banking and other financial institutions at which he does business, and all corporations over which he exercises control, are ordered as set forth within the order. IT IS FURTHER ORDERED that pursuant t o 18 U.S.C. § 1345(a)(3) and Rule 65(c) of the Federal Rules of Civil Procedure, Plaintiff United States of America shall not be required to post security for the instant action. This Preliminary Injunction shall remain in force until further Order of the Court, provided, however, that nothing in this Preliminary Injunction shall prevent (a) Defendant from surrendering to the United States any assets frozen by this Preliminary Injunction, if the United States consents to such voluntary surrender, or (b) any law enforcement officer from executing a warrant to seize property subject to forfeiture. Ordered by Judge John M. Gerrard. (MKR)
April 14, 2015 Opinion or Order Filing 12 ORDER - The government's Motion For Extension of Temporary Restraining Order and for Permission To Open Bank Account Not Subject to Temporary Restraining Order (filing 11 ) is granted in part as stated herein. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(JAB)
March 31, 2015 Opinion or Order Filing 8 TEMPORARY RESTRAINING ORDER granting 5 Motion for TRO. The United States shall promptly attempt to provide notice of this action and this Order to the Defendant. This temporary restraining order shall remain in force until the close of business on the 14th day of April, 2015, or at such later date as may be extended by the Court, or agreed upon by the parties. The Court will conduct a preliminary injunction hearing, the date and time to be set by further order. The parties shall contact the Court to set a date and time for the hearing, as necessary. Ordered by Judge John M. Gerrard this 31st day of March, 2015, at 4:45 p.m. (E-mailed to USA)(JAB)
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Defendant: Scott T. Tran
Represented By: John S. Berry, Jr.
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Plaintiff: United States of America
Represented By: Laurie A. Kelly
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