United States of America v. $16,765.00 in U.S. Currency et al
| United States of America |
| Assorted Silver, Gold, Diamonds and Pearls, $79,270.73, $27,290.56, Permanent Parcel #20A031B000170, VIN 1FTFW1EF2BFA12761, $5,093.16, $5,276.85, VIN 4XAWH9EA2EB181985, VIN 2HNYD2H64AH533150, $27,026.84, VIN WP0AD2A70DL045122, $7,333.28, $2,111.59, $33,827.00 in U.S. Currency, $81,253.76, $5,266.41, VIN 5N3AA08C69N901781, $9,838.60, $4,013.40, $6,442.98, $5,924.42, $6,300.46, VIN 1FT8W3BT8BEB91618, $26,989.51, $147,698.30, $1,324,690.90, Assorted Jewely, $71,110.29, $7,876.62, $209,793.14, $65,386.20, $89,257.31, $2,801.30, $16,765.00 in U.S. Currency, $24,239.28, $106,017.74, VIN 1FTFW1R67EFB15902, $483,078.93, $6,500.20 and $5,583.30 |
| Roberta Eldridge, DAS Funding Group, Inc., Discounted Telecommunication Services Inc., DAS Motor, LLC, Brandon K. Selvaggio, Dominic Schender, Gabriel J. Saluan and Iris Karina Baker |
| 1:2015cv01036 |
| May 22, 2015 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Lake |
| Christopher A Boyko |
| Drug Related Seizure of Property |
| 21 U.S.C. § 881 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 18, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 86 Motion for extension of presettlement conference demand until June 5, 2019 filed by Plaintiff United States of America. (DeBaggis, Henry) |
Order [non-document] granting United States of America's #86 Motion to extend time until 6/5/2019 to comply with presettlement conference demand requirement. Judge Christopher A. Boyko on 6/3/2019.(H,CM)
|
| Filing 85 Attorney Appearance by Harvey B. Bruner filed by on behalf of $1,324,690.90, $106,017.74, $147,698.30, $2,111.59, $2,801.30, $209,793.14, $26,989.51, $27,290.56, $33,827.00 in U.S. Currency, $483,078.93, $7,333.28, $7,876.62, $79,270.73, $81,253.76, $89,257.31, $9,838.60, Assorted Jewely, Assorted Silver, Gold, Diamonds and Pearls, DAS Funding Group, Inc., DAS Motor, LLC, Discounted Telecommunication Services Inc., Roberta Eldridge, Dominic Schender. (Bruner, Harvey) |
| Filing 84 Settlement Conference Order. Judge Christopher A. Boyko on 5/31/2019. (H,CM) |
| Filing 83 Marshal's Asset Return on 15-DEA-610577 filed by United States of America. Returned $27,026.84 to owner on 5/20/2019. (S,KM) |
| Filing 82 Marshal's Asset Return on 15-DEA-609504 filed by United States of America. Returned $5,924.42 to owner on 5/20/2019. (S,KM) |
| Filing 81 Marshal's Asset Return on 15-DEA-609503 filed by United States of America. Returned $5,276.85 to owner on 5/20/2019. (S,KM) |
| Filing 80 Marshal's Asset Return on 15-DEA-609500 filed by United States of America. Returned $5,583.30 on 5/20/2019. (S,KM) |
| Filing 79 Marshal's Asset Return on 15-DEA-609498 filed by United States of America.Returned $6,500.20 on 5/20/2019 (S,KM) |
| Filing 78 Marshal's Asset Return on 15-DEA-609076 filed by United States of America. Returned $6,442.98 on 5/20/2019 (S,KM) |
| Filing 77 Notice of Production of Discovery filed by United States of America. (DeBaggis, Henry) |
| Filing 76 Notice of Service of First Request for Production of Documents upon Plaintiff filed by Discounted Telecommunication Services Inc.. (Weintraub, Craig) |
| Filing 75 Separate Answer to #1 Complaint with Jury Demand filed by Brandon K. Selvaggio. (Yelsky, Mitchell) |
| Filing 74 Attorney Appearance by Brad S. Wolfe filed by on behalf of Iris Karina Baker. (Wolfe, Brad) |
| Filing 73 Notice of Substitution of Counsel removing attorney Phillip J. Tripi_AUSA and adding attorney filed by United States of America. (DeBaggis, Henry) |
| Minutes of proceedings [non-document] before Judge Christopher A. Boyko. Status Conference held on 4/4/2019. Per Government's request, the stay on discovery is lifted. Case Management Conference/Settlement Conference set for 6/13/2019 at 02:00 PM in Chambers 15B. All parties with full settlement authority must attend in person. Settlement Conference Order to issue. Claimant Selvaggio's oral motion for leave to file Answer is granted; Claimant shall file Answer by 4/12/2019. (Court Reporter: None; Time: 15 min.) (H,CM) |
| Minutes of proceedings [non-document] before Judge Christopher A. Boyko. Telephone Status Conference held on 2/4/2019. Attorneys only Status Conference set for 4/4/2019 at 11:00 AM in Chambers 15B before Judge Christopher A. Boyko. (Court Reporter: None; Time: 10 min.) (H,CM) |
| Filing 72 Attorney Appearance by Eric F. Long filed by on behalf of Irina Karina Baker. (Long, Eric) Modified filer on 2/4/2019 (M,S). |
|
Order (non-document) staying case during the government shut down. The stay remains in effect until such time as appropriations funding the federal government are made available. See #General Order 2019-1 for details. Judge Patricia A. Gaughan on 01/09/2019. (M,TL)
|
|
Order (non-document) staying case for a period of 14 days due to the lapse of congressional appropriations funding the federal government. See #General Order 2018-15 for details. Judge Patricia A. Gaughan on 12/26/2018. (L,Ja)
|
| Minutes of proceedings [non-document] before Judge Christopher A. Boyko. Telephone Status Conference held on 12/3/2018. Government to provide upon request limited discovery as discussed. Telephone Status Conference set for 2/4/2019 at 11:00 AM. Government to provide call information to Court and claimants' counsel. (Court Reporter: None; Time: 20 min.) (H,CM) |
| Filing 71 Judgment Entry granting Plaintiff's Motion to dismiss certain Defendant properties from Complaint without prejudice (Related doc #70 ). Judge Christopher A. Boyko on 11/9/2018. (H,CM) Modified text on 11/9/2018 (M,S). |
| Filing 70 Motion to dismiss party Certain Defendant Properties from Complaint filed by Plaintiff United States of America. (Attachments: #1 Proposed Order to Dismiss Certain Defendant Properties from Complaint)(Tripi, Phillip) |
| Minutes of proceedings[non-document] before Judge Christopher A. Boyko.Phone Case Management Conference held on 9/27/2018. Case is assigned to the complex track. Government to provide limited discovery as discussed at phone conference. Telephone Conference set for 12/3/2018 at 02:00 PM to be held telephonically before Judge Christopher A. Boyko. Government to initiate call with Claimants and contact Court at 216-357-7151. Parties shall be prepared to discuss maintaining case on the active docket when discovery is so limited.Time: 20 minutes. (R,D) |
| Filing 69 Motion to excuse appearance at September 27, 2018 Case Management Conference filed by Claimant Gabriel J. Saluan. (Vitantonio, Dominic) Modified text on 9/25/2018 (M,S). |
|
Order [non-document] granting Claimants Dominic Schender and Roberta Eldridge's Motion to excuse appearance (Related Doc #68 ); granting Claimant Gabriel Saluan's Motion to excuse appearance (Related Doc #69 ). Judge Christopher A. Boyko on 9/25/2018.(H,CM)
|
|
Order [non-document]. Case Management Conference set for 9/27/2018 at 10:00 AM will be telephonic. Plaintiff's counsel shall initiate conference with opposing counsel and contact the Court at 216-357-7151. Judge Christopher A. Boyko on 9/25/2018. (H,CM)
|
| Filing 68 Motion to excuse appearance at September 27, 2018 Case Management Conference filed by Claimant Dominic Schender, Roberta Eldridge. (Weintraub, Craig) Modified text on 9/25/2018 (M,S). |
| Filing 67 Report of Parties' Planning Meeting - filed by United States of America. (Tripi, Phillip) |
| Reassignment of Magistrate Judge pursuant to General Order 2016-3. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (D,Ky) |
| Filing 66 Notice of Case Management Conference. Conference to be held on 9/27/2018 at 10:00 AM at Chambers 15B. Judge Christopher A. Boyko on 8/21/2018. (Attachments: #1 Report of Parties' Planning Meeting, #2 Consent Package)(H,CM) |
|
Order (non-document) granting Plaintiff's request to allow stay of proceedings to expire (Related doc #65 ). Case returned to active docket. Judge Christopher A. Boyko on 8/21/2018. (H,CM)
|
| Filing 65 Request to Allow the Stay of Proceedings to Expire and to Set a Case Management Conference filed by United States of America. (Tripi, Phillip) |
|
Filing 64
Order. The Court will continue the stay for another ninety days until 8/7/2018. If the Government's investigation is not concluded at that time, the Government shall show cause by 8/7/2018 why the stay should not be lifted and the case returned to the active docket. Judge Christopher A. Boyko on 5/4/2018. (H,CM)
|
|
Order [non-document]. Stay is continued. The Government to file ex parte status report to the Court every ninety days on the progress of the criminal investigation focusing on why the forfeiture action should remain stayed. Judge Christopher A. Boyko on 2/5/2018. (H,CM)
|
|
Order [non-document]. Stay is continued. The Government to file ex parte status report to the Court every ninety days on the progress of the criminal investigation focusing on why the forfeiture action should remain stayed. Judge Christopher A. Boyko on 11/1/2017. (H,CM)
|
|
Order [non-document]. Stay is continued. The Government to file ex parte status report to the Court every ninety days on the progress of the criminal investigation focusing on why the forfeiture action should remain stayed. Judge Christopher A. Boyko on 8/15/2017. (H,CM)
|
|
Order (non-document). Stay is continued. The Government to file ex parte status report to the Court every ninety days on the progress of the criminal investigation focusing on why the forfeiture action should remain stayed. Judge Christopher A. Boyko on 5/12/2017. (H,CM) Modified on 5/15/2017 (S,HR).
|
|
Order (non-document). Stay is continued . The Government to file ex parte status report to the Court every ninety days on the progress of the criminal investigation focusing on why the forfeiture action should remain stayed. Judge Christopher A. Boyko on 2/13/2017. (H,CM) Modified on 5/15/2017 (S,HR).
|
| Filing 56 Attorney Appearance for Claimant Brandon Selvaggio by Mitchell J. Yelsky filed by on behalf of Brandon K. Selvaggio. (Yelsky, Mitchell) |
| Filing 55 Attorney Appearance for Claimant Brandon Selvaggio by Angelo F. Lonardo filed by on behalf of Brandon K. Selvaggio. (Lonardo, Angelo) |
|
Order (non-document). Stay is continued. The Government to file ex parte status report to the Court every ninety days on the progress of the criminal investigation focusing on why the forfeiture action should remain stayed. Judge Christopher A. Boyko on 8/18/2016. (H,CM) Modified on 5/15/2017 (S,HR).
|
|
Filing 53
Order. Claimant Brandon Selvaggio's Motion to Lift the Stay (Related Doc #50 ) is denied. Judge Christopher A. Boyko on 7/26/2016.(H,CM)
|
| Filing 52 Reply in support of #50 Motion to lift stay for limited purpose of filing and consideration of motion to unseal affidavits. by Brandon Selvaggio filed by Brandon K. Selvaggio. (Marshall, Laura) Modified text on 7/18/2016 (P,G). |
| Filing 51 Brief in Opposition to #50 Motion to lift stay to permit the filing of a motion to unseal affidavits filed by United States of America. (Tripi, Phillip) Modified text on 7/13/2016 (P,G). |
| Filing 50 Motion to lift stay filed by Brandon Selvaggio. Related document(s) #46 . (Attachments: #1 Exhibit A - Motion to Unseal Affidavits, #2 Proposed Order to Lift Stay)(Marshall, Laura) Modified text on 6/30/2016 (P,G). |
|
Order [non-document] granting Defendant Brandon Selvaggio's Motion for attorney Laura C. Marshall to appear pro hac vice (Related Doc #49 ). Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. Judge Christopher A. Boyko on 6/6/2016.(H,CM)
|
| Filing 49 Motion for attorney Laura C. Marshall to Appear Pro Hac Vice. Filing fee $ 120, receipt number 14660086712, filed by Edward LaRue, on behalf of Claimant Brandon K. Selvaggio. (Attachments: #1 Declaration of Laura C. Marshall, #2 Virginia State Bar Certificate of Good Standing)(C,KA) |
|
Order (non-document). Stay is continued (Related doc # 48 ). The Government to file ex parte status report to the Court every ninety days on the progress of the criminal investigation focusing on why the forfeiture action should remain stayed. Judge Christopher A. Boyko on 5/17/2016. (H,CM)
|
|
Order (non-document). Stay is continued (Related doc # 47 ). The Government to file ex parte status report to the Court every ninety days on the progress of the criminal investigation focusing on why the forfeiture action should remain stayed. Judge Christopher A. Boyko on 2/16/2016. (H,CM)
|
|
Filing 46
Order. Government's Motion to Stay (Related doc #36 ) is granted and the Defendants' pending Motions to Dismiss (Related doc #'s #20 , #41 , #42 , #43 ) are denied as moot, subject to refiling upon the reopening of the case. The Government to file a status report to the Court every ninety days on the progress of the criminal investigation focusing on why the forfeiture action should remain stayed. Case is removed the active docket until the matter is reopened by motion of the parties. Judge Christopher A. Boyko on 11/9/2015. (H,CM)
|
|
Order [non-document]. Plaintiff's Motion to Stay (Related Doc #36 ) is granted. The Government shall provide an ex parte status report every 90 days while the case is stayed. Judge Christopher A. Boyko on 11/2/2015.(H,CM)
|
| Filing 45 Notice of Ex Parte Filing of Brief filed by United States of America. (Tripi, Phillip) |
| FILING ERROR filed by United States of America. (Tripi, Phillip) Modified on 10/27/2015 (O,K). |
| Filing 43 Motion to dismiss $33,847.00 US Currency and jewelry filed by Claimant Roberta Eldridge. Related document(s) #40 , #1 . (Weintraub, Craig) Modified text on 10/23/2015 (P,G). |
| Filing 42 Motion to dismiss for failure to state a claim pursuant to Fed. R. Civ. Pro. 12(B)(6) filed by Claimant Dominic Schender. Related document(s) #40 , #1 . (Weintraub, Craig) Modified text on 10/23/2015 (P,G). |
| Filing 41 Motion to dismiss Defendants $1,324,640.90 and $27,026.84, for lack of jurisdiction filed by Defendant $1,324,690.90. Related document(s) #40 , #1 . (Weintraub, Craig) Modified text on 10/23/2015 (P,G). |
|
Filing 40
Order. Claimant Iris Baker and Gabriel Saluan's Motions for Leave to File Amended Claims Instanter (Related doc #'s #21 , #22 ) are granted. Government's Motion to Strike Claims (Related doc #17 ) is denied as moot. Claimant Dominic Schender, DTS, DAS Funding, DAS Motor and Roberta Eldridge's Motions to Dismiss (Related doc #'s #10 , #11 , #12 ) are denied at this time subject to refiling. Government to provide additional evidence in support of its Motion to Stay within fourteen days. The Court holds in abeyance responses to pending Motions to Dismiss and discovery requests until the Court rules on Motion to Stay. Judge Christopher A. Boyko on 10/13/2015.(H,CM)
|
| Filing 39 Answer to Complaint in Forfeiture and Affirmative Defenses filed by Iris Karina Baker. (Friedman, Ian) Modified text on 8/24/2015 (P,G). |
| Filing 38 Opposition to #36 Motion to stay case filed by Dominic Schender. (Weintraub, Craig) |
| Filing 37 Amended Verified Claim of Iris Karina Baker filed by Iris Karina Baker. (Friedman, Ian) |
| Filing 36 Motion to stay case filed by Plaintiff United States of America. (Attachments: #1 Affidavit, #2 Proposed Order for Stay)(Tripi, Phillip) |
| Filing 35 Notice of Service of Defendant's Request for Production of Documents upon Plaintiff filed by Dominic Schender. (Weintraub, Craig) |
| Filing 34 Notice of Service of United States of America's First Set of Special Interrogatories to Claimant Roberta Eldridge filed by United States of America. (Tripi, Phillip) |
| Filing 33 Corporate Disclosure Statement filed by Discounted Telecommunication Services Inc.. (Weintraub, Craig) |
| Filing 32 Corporate Disclosure Statement filed by DAS Motor, LLC. (Weintraub, Craig) |
| Filing 31 Corporate Disclosure Statement filed by DAS Funding Group, Inc.. (Weintraub, Craig) |
| Filing 30 FILING ERROR BLANK DOCUMENT. Corporate Disclosure Statement filed by Discounted Telecommunication Services Inc.. (Weintraub, Craig) Modified on 7/21/2015 to note document is blank (P,G). |
| Filing 29 FILING ERROR BLANK DOCUMENT. Corporate Disclosure Statement filed by DAS Motor, LLC. (Weintraub, Craig) Modified on 7/21/2015 to note document is blank (P,G). |
| Filing 28 FILING ERROR BLANK DOCUMENT. Corporate Disclosure Statement filed by DAS Funding Group, Inc.. (Weintraub, Craig) Modified on 7/21/2015 to note document is blank (P,G). |
| Filing 27 First Amended Verified Claim of Discounted Telecommunication Services, Inc. filed by Discounted Telecommunication Services Inc.. (Attachments: #1 Exhibit Ohio Corp.)(Weintraub, Craig) |
| Filing 26 First Amended Verified Claim of Dominic Schender filed by Dominic Schender. (Attachments: #1 Exhibit Ohio Corp., #2 Exhibit List of Defendants)(Weintraub, Craig) |
| Filing 25 First Amended Verified Claim of DAS Motor, LLC filed by DAS Motor, LLC. (Attachments: #1 Exhibit LLC Docs)(Weintraub, Craig) |
| Filing 24 First Amended Verified Claim of DAS Funding Group, LLC filed by DAS Funding Group, Inc.. (Attachments: #1 Exhibit Ohio Inc.)(Weintraub, Craig) |
| Filing 23 First Amended Verified Claim of Roberta Eldridge filed by Roberta Eldridge. (Weintraub, Craig) |
| Filing 22 Motion for leave to File Amended Verified Claim of Gabriel J. Saluan, Instanter filed by Claimant Gabriel J. Saluan. (Attachments: #1 Pleading Amended Verified Claim of Gabriel J. Saluan)(Vitantonio, Dominic) Modified text on 7/20/2015 (P,G). |
| Filing 21 Motion for leave to file an amended verified claim filed by Claimant Iris Karina Baker. (Friedman, Ian) Modified text on 7/20/2015 (P,G). |
| Filing 20 Motion to dismiss Complaint in Forfeiture Pursuant to F.R.C.P. 12(b)(6) filed by Claimant Brandon Selvaggio. (LaRue, Edward) Modified text on 7/20/2015 (P,G). |
| Filing 19 Amended Verified Claim of Defendant Brandon K. Selvaggio filed by $16,765.00 in U.S. Currency. (LaRue, Edward) |
| Filing 18 Brief in Opposition to #10 , #11 , #12 Motions to dismiss for failure to state a claim and to dismiss for lack of jurisdiction filed by United States of America. (Tripi, Phillip) Modified text on 7/14/2015 (P,G). |
| Filing 17 Motion to strike Claims of all Claimants filed by Plaintiff United States of America. Related document(s) #14 , #13 , #9 , #16 , #15 . (Tripi, Phillip) |
| Filing 16 Verified Claim filed by Iris Karina Baker . (Friedman, Ian) Modified filer on 7/6/2015 (P, S). |
| Filing 15 Verified Claim of Defendant Brandon K. Selvaggio (LaRue, Edward) Modified text on 7/1/2015 (P,G). |
| Filing 14 Verified Claim of Schender Claimants Related document(s) #10 , #11 .(Weintraub, Craig) Modified text on 7/1/2015 (P,G). |
| Filing 13 Verified Claim of Roberta Eldridge Related document(s) #12 .(Weintraub, Craig) Modified text on 7/1/2015 (P,G). |
| Filing 12 Motion to dismiss for failure to state a claim filed by Claimant Roberta Eldridge (Weintraub, Craig) Modified filers on 7/1/2015 (P,G). |
| Filing 11 Motion to dismiss for lack of jurisdiction filed by Defendant $1,324,690.90, $27,026.84, Claimant Dominic Schender (Weintraub, Craig) Modified text on 7/1/2015 (P,G). |
| Filing 10 Motion to dismiss for failure to state a claim filed by Claimants, Dominic Schender, Discounted Telecommunication Services Inc., DAS Funding Group, Inc. and DAS Motor, LLC, (Weintraub, Craig) Modified filers on 7/6/2015 (P, S). |
| Filing 9 Verified Claim filed Gabriel J. Saluan Related document(s) #1 . (Vitantonio, Dominic) Modified text on 6/12/2015 (H,KR). Modified filer on 7/6/2015 (P, S). |
| Filing 8 Answer to #1 Complaint filed by $6,300.46, $65,386.20, $71,110.29, VIN 2HNYD2H64AH533150. (Vitantonio, Dominic) |
| Filing 7 2 US Marshal returns of service of post and walk process upon real property at 10640 Bayshire Trail, Kirtland Ohio on 6/2/15 filed by United States of America. Related document(s) #4 .(C,KA) |
| Filing 6 Marshal's Returned and Executed Warrant of Arrest in Rem on 5/27/15. USMS N/OH took custody of asset 15-DEA Nos. 608442,608610,608613,608448,609133,609498,609500,609503,608533,608531,608534,609504 deposited into the SADF Related document(s) #3 . (E,P) Modified to add attachments and correct numbers on 6/4/2015 (E,P). #1 Main Document) (E,P). Modified to correct numbers on 6/8/2015 (P, S). |
| Filing 5 Marshal's Returned and Executed Warrant of Arrest in Rem on 5/27/2015. USMS N/OH took custody of asset, 15-DEA Nos. 608371, deposited into the SADF . Related document(s) #3 . (W,CM) Modified text on 6/4/2015 (E,P). |
|
Filing 4
Order for Publication of Notice. (Related doc #2 ). Judge Christopher A. Boyko on 5/27/2015.(H,CM)
|
| Filing 3 Praecipe for issuance of a Warrant of Arrest in REM to the US Marshal's Service filed by United States of America. (Attachments: #1 Warrant (Issued), #2 Asset Description, #3 U.S. Marshal Form, #4 Asset Description)(C,BA) |
| Filing 2 Motion for publication of notice filed by Plaintiff United States of America. (Attachments: #1 Proposed Order)(C,BA) |
| Filing 1 Complaint against All Defendants. Filed by United States of America. (Attachments: #1 Civil Cover Sheet, #2 Notices (Issued)) (C,BA) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Greg White. (C,BA) |
| Magistrate Consent Form issued at time of filing. (C,BA) |
| Judge Christopher A. Boyko assigned to case. (C,BA) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Ohio Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
