United States of America v. Real Property located at 100 Mountain View Drive, Moreland Hills, Ohio, Cuyahoga County Permanent Parcel Nos: 913-06-001, 913-06-005 et al
| United States of America |
| $2,158,215.00 in U.S. Currency, 1996 Porsche 911 Turbo, Black in Color, VIN: WP0AC2991TS376255, Real Property located at 2110 South Green Road, South Euclid, Ohio, Cuyahoga County Parcel No. 703-22-019, Rolex Stainless Mens Wrist Watch, Model No. 115234, Serial No. 245E1318, Rolex Stainless Mens Wrist Watch, Model No. 116234, Serial No. 17T10743, Real Property located at 806 N Vista Street, Los Angeles, California, Los Angeles County Assessor AIN 5526-005-024, Real Property located at 100 Mountain View Drive, Moreland Hills, Ohio, Cuyahoga County Permanent Parcel Nos: 913-06-001, 913-06-005, Patek Philippe Rose Gold Mens Wrist Watch, Model No. 5980/1R-001, Serial No. 797834/6192290, Real Property located at 952 N Laurel Avenue, Los Angeles, California, Los Angeles County AIN 5529-023-023, $39,108.00 in U.S. Currency, Real Property located at 2104 South Green Road, South Euclid, Ohio, Cuyahoga County Parcel No. 703-22-020, 2019 Nautique G25 Boat, HIN: CTC95115K819, with a 2019 Extreme Boat Trailer, VIN: 5DBBB2734KZ005090, Real Property located at 2664 South Green Road, Shaker Heights, Ohio, Cuyahoga County Permanent Parcel No. 734-03-026, Vacant Residential Lot located on South Green Road, South Euclid, Ohio, Cuyahoga County Parcel No. 703-22-021, Rolex 18k Rose Gold Mens Wrist Watch, Model No. 218235, Serial No. 38HZ3155 and Metalor Kilogram Gold Bar, Serial No. 18144504 |
| Rachel Zuchowski, Corner Green LLC, Cary Senders, Ilan Senders, Justin Balay, Jason Zuchowski, 100 Mountain View, LLC, N. Laurel Avenue Property Holdings LLC, ES Global Real Estate Holding LLC, Eyton Senders and David Elliot Builders, Inc. |
| Select Homes of Northeast Ohio LTD |
| 1:2021cv00564 |
| March 10, 2021 |
| US District Court for the Northern District of Ohio |
| Christopher A Boyko |
| Drug Related Seizure of Property |
| 21 U.S.C. § 881 |
| None |
Docket Report
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This docket was last retrieved on September 29, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 33 Motion for default judgment as to the Defendant 1996 Porsche 911 and the 2019 Nautique G25 Boat and Boat Trailer filed by Plaintiff United States of America. (Attachments: #1 Affidavit of AUSA Henry DeBaggis, #2 Proposed Judgment Entry)(DeBaggis, Henry) |
Order [non-document]. The Court grants the Joint Motion for a Temporary Partial Lift of the Stay Order (ECF #32 ) to allow the USA and Claimant to sell the Real Property as described in the Joint Motion to allow for the substitution of the proceeds of the sale for the Real Property and to allow the USA to move for default on the car and boat described in the Motion. Judge Christopher A. Boyko on 09/23/21.(S,HR)
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| Filing 32 Joint Motion for a temporary partial lift of stay order filed by Plaintiff United States of America. (DeBaggis, Henry) |
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Filing 31
Order denying Select Homes of Northeast Ohio Ltd.'s #14 Motion to intervene and granting United States of America's #19 Motion to stay case. This action is stayed and removed from the active docket. The case will be returned to the active docket upon motion by the parties. See Order for details. Judge Christopher A. Boyko on 7/22/21. (S,HR)
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Order [non-document]. The Court grants Claimant Justen Balay's Unopposed Motion for Extension of Time to File an Answer of Otherwise Plead. (ECF #30 ). Balay shall file his Answer or Otherwise Plead no later than July 30, 2021. Judge Christopher A. Boyko on 6/30/21.(S,HR)
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| Filing 30 Unopposed Motion for extension of time until July 30, 2021 to answer with memorandum in support filed by Claimant Justin Balay. (Sherman, Victor) |
| Filing 29 Agreed Motion for extension of 31 days until July 30, 2021 to answer filed by Claimant Eyton Senders. Related document(s) #1 . (Searby, Edmund) |
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Order [non-document]. The Court grants Claimant Eyton Senders' Agreed Motion for Extension of Time to Answer or Otherwise Plead. (ECF #29 ). Claimants shall file their Answer or Otherwise Plead no later than July 30, 2021.Judge Christopher A. Boyko on 6/29/21.(S,HR)
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| Filing 28 Corporate Disclosure Statement filed by David Elliot Builders, Inc.. (Lucas, Walter) |
| Notice by Clerk that David Elliot Builders, Inc. failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (S,SR) |
| Filing 27 Answer to Complaint filed by David Elliot Builders, Inc.. (Lucas, Walter) |
| Filing 26 Sur-Reply to Brief In Opposition To United State's #19 Motion to stay As To Defendant No. 1 Only filed by Select Homes of Northeast Ohio LTD. (Attachments: #1 Exhibit "A" 11-9-20 email, #2 Exhibit "B" 3-10-21 email, #3 Exhibit "C" Tax Bill)(Yelsky, Mitchell) |
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Order [non-document]. Because the pending Motion to Stay in the above captioned case directly impacts the proceedings before the Court, the Court grants the USA's Motion to Continue the CMC (ECF #24 ) until the Court rules on the Motion to Stay. Should the Motion to Stay be denied the Court will set a new date for the CMC. Judge Christopher A. Boyko on 5/27/21. (S,HR)
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| Filing 25 Response to #19 Motion to stay filed by Justin Balay. (Sherman, Victor) |
| Filing 24 Motion to continue Case Management Conference filed by Plaintiff United States of America. Related document(s) #18 . (DeBaggis, Henry) |
| Filing 23 Reply to #22 Opposition to #19 Motion for a Stay filed by United States of America. (DeBaggis, Henry) |
| Filing 22 Opposition to #19 Motion For A Stay filed by Select Homes of Northeast Ohio LTD. Related document(s). (Yelsky, Mitchell) Modified text on 5/25/2021 (S,SR). |
| Filing 21 Response to #19 Motion to stay filed by Eyton Senders. (Searby, Edmund) |
| Filing 20 Attorney Appearance by Marc E. Dann and Michael A. Smith, Jr. filed by on behalf of Select Homes of Northeast Ohio LTD. (Dann, Marc) Modified text on 5/21/2021 (S,SR). |
| Filing 19 Motion to stay with affidavit attached filed by Plaintiff United States of America. (Attachments: #1 Proposed Order)(DeBaggis, Henry) Modified text on 5/19/2021 (S,SR). |
| Filing 18 Notice of Case Management Conference with telephonic case management conference to be held on 6/3/21 at 02:30 PM before Judge Christopher A. Boyko. This Court requires the participation of lead counsel. The Court will host the conference call and inform counsel by way of separate email of the telephone number for the conference call. Parties shall be available by phone, if needed. Judge Christopher A. Boyko on 5/18/21. (Attachments: #1 Exhibit A - Report of Parties Planning Meeting, #2 Exhibit B - Consent Package)(S,HR) |
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Order [non-document]. The Court grants Claimant Justen Balay's Unopposed Motion for Extension of Time to File Answer or Otherwise Plead (ECF #17 ). Balay shall file his Responsive Pleading no later than June 29, 2021. Judge Christopher A. Boyko on 5/17/21.(S,HR)
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| Filing 17 Unopposed Motion for extension of time until June 29, 2021 to answer filed by Claimant Justin Balay. (Sherman, Victor) |
| Filing 16 Verified Claim of Claimant David Elliot Builders, Inc. filed by David Elliot Builders, Inc.. (Lucas, Walter) |
| Filing 15 Attorney Appearance by Walter A. Scott Lucas filed by on behalf of David Elliot Builders, Inc.. (Lucas, Walter) |
| Filing 14 Motion to intervene as a party filed by Intervenor Select Homes of Northeast Ohio LTD. (Attachments: #1 Exhibit "A" Mechanic's Lien, #2 Exhibit "B" Foreclosure Complaint, #3 Exhibit "C" Tax Bill)(Yelsky, Mitchell) |
| Filing 13 Claim (Verified) of Justen Balay filed by Justin Balay. (Sherman, Victor) |
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Order [non-document] granting Motion for appearance pro hac vice by attorney Victor Sherman for Real Property located at 806 N Vista Street, Los Angeles, California, Los Angeles County Assessor AIN 5526-005-024. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #12 ) Judge Christopher A. Boyko on 4/30/21.(S,HR)
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| Filing 12 Motion for attorney Victor Sherman to Appear Pro Hac Vice. (Document does not contain an original signature.) Filing fee $ 120.00, receipt number #14660131036, filed by Defendant Real Property located at 806 N Vista Street, Los Angeles, California, Los Angeles County Assessor AIN 5526-005-024. (Attachments: #1 Proposed Order, #2 Certificate of Good Standing, #3 Affidavit of Victor Sherman, #4 Envelope)(M,MT) |
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Order [non-document]. The Court grants the Agreed Motion for Extension of Time to File an Answer or Otherwise Plead (ECF #11 ). Claimants Eyton Senders, 100 Mountain View LLC, Corner Green LLC, ES Global Real Estate Holdings LLC, and N. Laurel Avenue Property Holdings LLC shall file their Answer or Otherwise Respond to the Complaint no later than June 29, 2021.Judge Christopher A. Boyko on 4/22/21.(S,HR)
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| Filing 11 Agreed Motion for extension of 60 days until June 29, 2021 to answer filed by 100 Mountain View LLC, Corner Green LLC, ES Global Real Estate Holdings LLC, and N. Laurel Avenue Property Holdings LLC . (Searby, Edmund) Modified text on 4/21/2021 (S,SR). |
| Filing 10 SEALED Document: Verified Claim of Real Property located at 100 Mountain View Drive, Moreland Hills, Ohio, Cuyahoga County Permanent Parcel Nos: 913-06-001, 913-06-005 filed by 100 Mountain View LLC. (Related document(s) #4 ) (Searby, Edmund) |
| Filing 9 SEALED Document: Verified Claim of Real Property located at 2104 South Green Road, South Euclid, Ohio, Cuyahoga County Parcel No. 703-22-020, of Real Property located at 2110 South Green Road, South Euclid, Ohio, Cuyahoga County Parcel No. 703-22-019, and of Vacant Residential Lot located on South Green Road, South Euclid, Ohio, Cuyahoga County Parcel No. 703-22-021 filed by Corner Green LLC. (Related document(s) #4 ) (Searby, Edmund) |
| Filing 7 SEALED Document: Verified Claim of Real Property located at 2664 South Green Road, Shaker Heights, Ohio, Cuyahoga County Permanent Parcel No. 734-03-026 filed by ES Global Real Estate Holding LLC. (Related document(s) #4 ) (Searby, Edmund) |
| Filing 6 SEALED Document: Verified Claim of Real Property located at 952 N Laurel Avenue, Los Angeles, California, Los Angeles County AIN 5529-023-023 filed by N. Laurel Avenue Property Holdings, LLC. (Related document(s) #4 ) (Searby, Edmund) |
| Filing 5 SEALED Document: Verified Claim of Real Property located at 100 Mountain View Drive, Moreland Hills, Ohio, of Real Property located at 2664 South Green Road, Shaker Heights, Ohio, of Real Property located at 2104 South Green Road, South Euclid, Ohio, of Real Property located at 2110 South Green, Road, South Euclid, Ohio, of Vacant Residential Loc located at South Green, Road, South Euclid, Ohio, of Real Property located at 952 N Laurel Avenue, Los Angeles, California, of Patek Philippe Rose Gold Mens Wrist Watch, Model No. 5980/1R-001, of Rolex Stainless Mens Wrist Watch, Model No. 115234, of Rolex Stainless Mens Wrist Watch, Model No. 116234, of Rolex 18k Rose Gold Mens Wrist Watch, Model No. 218235, of Metalor Kilogram Gold Bar, Serial No. 18144504, of $1,158,215.00 in U.S. Currency, and of $39,108.00 in U.S. Currency filed by Eyton Senders. (Related document(s) #4 ) (Searby, Edmund) |
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Filing 4
Order. The Court grants Eyton Senders' #3 Motion and authorizes Senders to file his claims under seal. The Court further orders, per agreement of the Government, the claim forms may only be used in this civil action and that the Government is precluded from using the claim forms in any criminal prosecution. Judge Christopher A. Boyko on 4/9/21.(S,HR)
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| Filing 3 Motion for leave to file claims under seal, and Motion for protective order filed by Eyton Senders. (Searby, Edmund). Added Motion to seal document on 4/8/2021 (S,HR) |
| Filing 8 Marshal's Return on vehicle, boat, 4 men's watches, gold bar and currency. All assets on attached list are in custody of USMS, filed by United States of America. (L,Br) |
| Filing 2 Warrant of Arrest in Rem for See attached list issued to U.S. Marshal on 03/10/21. (Attachments: #1 USM-285) (M,MT) |
| Judge Christopher A. Boyko assigned to case. (M,MT) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (M,MT) |
| Filing 1 Complaint in Forfeiture against All Defendants.. Filing fee exempt. Filed by United States of America. (Attachments: #1 Civil Cover Sheet, #2 Praecipe, #3 Warrant of Arrest in Rem, #4 285 - Warrant of Arrest, #5 Notice to Potential Claimant Senders c/o Searby, #6 Notice to Potential Claimant - 100 Mountain View, LLC, #7 Notice to Potential Claimant ES Global Real Estate Holding LLC, #8 Notice to Potential Claimant Corner Green LLC on South Green, #9 Notice to Potential Claimant Corner Green LLC on Washington, #10 Notice to Potential Claimant Justen Balay, #11 Notice to Potential Claimant Balay c/o Sherman, #12 Notice to Potential Claimant Cary Senders, #13 Notice to Potential Claimant Ilan Senders, #14 Notice to Potential Claimant Rachel Zuchowski, #15 Notice to Potential Claimant Jason Zuchowski, #16 Notice of Complaint against RP at 100 Mountain View Dive, #17 Notice of Complaint against RP at 2664 South Green Road, #18 Notice of Complaint against RP at 2104 South Green Road, #19 Notice of Complaint against RP at 2110 South Green Road, #20 Notice of Complaint against Vacant Lot on South Green Road, #21 Notice of Complaint against RP at 952 N Laurel Ave, #22 Notice of Complaint against 806 N Vista Street) (DeBaggis, Henry) |
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