United States of America v. Any and All Funds on Deposit in Account Number 0139874788, at Regions Bank, held in the name of Efans Trading Corporation et al

Justia Dockets & Filings Second Circuit New York Southern District United States of America v. Any and All Funds on Deposit in Account Number 0139874788, at Regions Bank, held in the name of Efans Trading Corporation et al

United States of America v. Any and All Funds on Deposit in Account Number 0139874788, at Regions Bank, held in the name of Efans Trading Corporation et al

Plaintiff:	United States of America
Defendant:	Any and All Funds on Deposit in Account Number 0139874788, at Regions Bank, held in the name of Efans Trading Corporation, Any and All Funds on Deposit in Account Number 0139873099, at Regions Bank, held in the name of Unicorn Tire Corporation, Any and All Funds on Deposit in Account Number 5340016888, at Renasant Bank, held in the name of Unicorn Tire Corporation, Up to $2,382,195 on Deposit in Account Number 229042055140, at Bank of America, N.A. held in the name of MND Enterprises Inc., Twelve Vehicles seized from the Port of New York and New Jersey, Twenty-Seven Vehicles held for Redelivery to the United States and Eight Vehicles Seized from Golden Global Freight Forwarder
Case Number:	1:2013cv07983
Filed:	November 8, 2013
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	Katherine Polk Failla
Nature of Suit:	Other
Cause of Action:	28 U.S.C. § 1345
Jury Demanded By:	None

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Date Filed	Document Text
August 29, 2016	Filing 101 OPINION AND ORDER. While the Government may well have the better of the legal arguments, Claimants might nonetheless be able to persuade a reasonable jury that Efans acted without fraudulent intent. As a result, the Government's motion for summa ry judgment must be DENIED. The Clerk of Court is directed to terminate the motion at docket entry 77. The parties are further ORDERED to appear for a conference on Monday, September 26, 2016, at 3:00 p.m. in Courtroom 618 of the Thurgood Marshall U.S. Courthouse, at which time the Court will schedule a trial in this matter. SO ORDERED. re: 77 MOTION for Summary Judgment filed by United States of America. (Signed by Judge Katherine Polk Failla on 8/29/2016) (rjm).
January 20, 2015	Filing 41 OPINION AND ORDER re: 22 MOTION to Dismiss filed by Unicorn Tire Corporation, Efans Trading Corporation: For the reasons discussed herein, Defendant's motion to dismiss is DENIED. Defendants' motion for a probable cause hear ing is also DENIED. The Clerk of Court is directed to terminate Docket Entries 22 and 31. The parties are hereby ORDERED to appear for a conference on February 10, 2015, at 10:00 a.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Squ are, New York, New York, to set a schedule for discovery. The parties should submit a proposed Case Management Plan to the Court in PDF format by February 5, 2015. Additionally, the parties shall be prepared to address at the conference how to proceed with respect to the one vehicle (currently considered part of Eight Vehicles) to which Claimants deny ownership. (See Clmt. Hrg. Br. 10 n.2; Govt. Hrg. Opp. 5 n.3). (Signed by Judge Katherine Polk Failla on 1/20/2015) (tn)

Date Filed

Document Text

August 29, 2016

Filing 101 OPINION AND ORDER. While the Government may well have the better of the legal arguments, Claimants might nonetheless be able to persuade a reasonable jury that Efans acted without fraudulent intent. As a result, the Government's motion for summa ry judgment must be DENIED. The Clerk of Court is directed to terminate the motion at docket entry 77. The parties are further ORDERED to appear for a conference on Monday, September 26, 2016, at 3:00 p.m. in Courtroom 618 of the Thurgood Marshall U.S. Courthouse, at which time the Court will schedule a trial in this matter. SO ORDERED. re: 77 MOTION for Summary Judgment filed by United States of America. (Signed by Judge Katherine Polk Failla on 8/29/2016) (rjm).

January 20, 2015

Filing 41 OPINION AND ORDER re: 22 MOTION to Dismiss filed by Unicorn Tire Corporation, Efans Trading Corporation: For the reasons discussed herein, Defendant's motion to dismiss is DENIED. Defendants' motion for a probable cause hear ing is also DENIED. The Clerk of Court is directed to terminate Docket Entries 22 and 31. The parties are hereby ORDERED to appear for a conference on February 10, 2015, at 10:00 a.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Squ are, New York, New York, to set a schedule for discovery. The parties should submit a proposed Case Management Plan to the Court in PDF format by February 5, 2015. Additionally, the parties shall be prepared to address at the conference how to proceed with respect to the one vehicle (currently considered part of Eight Vehicles) to which Claimants deny ownership. (See Clmt. Hrg. Br. 10 n.2; Govt. Hrg. Opp. 5 n.3). (Signed by Judge Katherine Polk Failla on 1/20/2015) (tn)

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Search for this case: United States of America v. Any and All Funds on Deposit in Account Number 0139874788, at Regions Bank, held in the name of Efans Trading Corporation et al
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Plaintiff: United States of America
Represented By:	Sarah Elizabeth Paul
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Defendant: Any and All Funds on Deposit in Account Number 0139874788, at Regions Bank, held in the name of Efans Trading Corporation
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Defendant: Any and All Funds on Deposit in Account Number 0139873099, at Regions Bank, held in the name of Unicorn Tire Corporation
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Defendant: Any and All Funds on Deposit in Account Number 5340016888, at Renasant Bank, held in the name of Unicorn Tire Corporation
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Defendant: Up to $2,382,195 on Deposit in Account Number 229042055140, at Bank of America, N.A. held in the name of MND Enterprises Inc.
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Defendant: Twelve Vehicles seized from the Port of New York and New Jersey
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Defendant: Twenty-Seven Vehicles held for Redelivery to the United States
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Defendant: Eight Vehicles Seized from Golden Global Freight Forwarder
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