United States of America v. $1,500,000.00
United States of America |
$4,311,936.62 and $1,500,000.00 |
Adonay Mehreteab, Fesum Ogbazion, ITS Financial, LLC, Tax Tree, LLC, Suzan Abraham and Mehreteab Enterprises, LLC |
3:2012cv02025 |
August 6, 2012 |
US District Court for the Northern District of Ohio |
Toledo Office |
Lucas |
Jack Zouhary |
Forfeit/Penalty: Other |
28 U.S.C. § 1341 Complaint for Forfeiture |
None |
Docket Report
This docket was last retrieved on August 28, 2014. A more recent docket listing may be available from PACER.
Document Text |
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Filing 80 Final Judgment of Forfeiture granting #79 Motion for judgment of forfeiture. Judge Jack Zouhary on 8/28/2014. (D,L) |
Filing 79 Motion for judgment of forfeiture filed by Plaintiff United States of America. (Attachments: #1 Proposed Order)(Rojas, Guillermo) |
Filing 78 Amended complaint in Forfeiture (Verified) against $1,500,000.00. Filed by United States of America. (Rojas, Guillermo) |
Filing 77 Stipulation & Order approving #76 Stipulation and Consent to Forfeiture Agreement. Judge Jack Zouhary on 8/25/2014. (D,L) |
Filing 76 Proposed Stipulation and Consent to Forfeiture Agreement filed by United States of America. (Attachments: #1 Complaint Sample Amended Verified Complaint in Forfeiture)(Rojas, Guillermo) |
Filing 75 Notice of Withdrawal of Claim to Seized Property filed by Fesum Ogbazion. (Byers, Fritz) |
Filing 74 Order granting #73 Plaintiff's Unopposed Motion for Leave to Re-open Case and File Amended Complaint. Judge Jack Zouhary on 7/2/2014. (D,L) |
Filing 73 Unopposed Motion to reopen case and file Amended Complaint in Forfeiture filed by Plaintiff United States of America. (Rojas, Guillermo) |
Filing 72 Dismissal Order. Settlement Conference held before Judge David Katz on 5/21/2014 resulted in a tentative settlement. Settled and dismissed without prejudice. Each party is to bear its own costs. Judge Jack Zouhary on 5/28/2014. (D,L) |
Filing 71 Marginal Entry Order granting #69 Motion to Withdraw Claims of Suzan Abraham and Mehreteab Enterprises, LLC and granting #70 Adonay Mehreteab's Notice of Withdrawal of his Claim to the Subject Property. Judge Jack Zouhary on 5/28/2014.(D,L) |
Filing 70 Motion to Withdrawal Claim to the Subject Property filed by Claimant Adonay Mehreteab. (McBride, Mark) |
Filing 69 Motion for Withdrawal of Claims filed by Suzan Abraham, Mehreteab Enterprises, LLC. Related document(s) #8 , #7 . (Cafferty, Thomas) |
Settlement Conference held by Judge David A. Katz on 5/21/14. (Non Document)(G,C) |
Filing 68 ORDER. Status Phone Conference held on 5/20/14. Government's Motion for Extensions #67 granted in part and denied in part. Adjusted case deadlines are: Plaintiff's expert disclosures due 8/1/14; Claimants' expert disclosures due 9/1/14; discovery cut-off 10/1/14. 9/8/14 trial date vacated. Trial will begin on 12/2/14 at 9:00 AM in Courtroom 209 before Judge Jack Zouhary. Backup trial date 12/9/14. No dispositive motions shall be filed without leave of court. Court understands some or all of Claimants will not pursue their respecive claims or jury demand. Counsel for Claimants Adonay Mehreteab, Suzan Abraham, and Mehreteab Enterprises shall, by 5/23/14, show cause as to why their claims to the Defendant property should not be dismissed and file a letter brief explaining the basis for their respective claims, and whether and how they intend to participate further in this case, including trial. Settlement Conference set for 5/21/14 at 10:00 AM in Chambers 307 before Judge David Katz. Counsel should provide an ex parte letter re status of prior settlement discussions by e-mail. (30 min) Judge Jack Zouhary on 5/20/14. (S,Na) |
Filing 67 Motion for extension of time until September 16, 2014 to Disclose Expert Witness and Reports and respond to discovery requests, and until January 1, 2015 for Other Discovery Deadlines and for trial date to be re-set as appropriate filed by Plaintiff United States of America. (Rojas, Guillermo) Modified text on 5/21/2014. (M,L). |
Notice [non-document] of Telephone Status Conference set for 5/20/2014 at 10:00 AM to be held before Judge Jack Zouhary. Counsel to call District Court Conference Line. (D,L) |
Filing 66 Notice of Withdrawal of Claim to Seized Property filed by ITS Financial, LLC. (Byers, Fritz) Modified on 5/20/2014:Certificate of Service not dated. (M,L). |
Filing 65 ORDER. Status Phone Conference held on 5/1/14. Discovery is ongoing. Parties are discussing resolution. If Court assistance is needed, counsel will contact Chambers. (20 min) Judge Jack Zouhary on 5/2/14. (S,Na) |
Filing 64 Notice of Service of First Discovery Requests filed by ITS Financial, LLC, Fesum Ogbazion, Tax Tree, LLC. (Byers, Fritz) |
Set Deadlines and Hearings Parties to be Joined and Pleading Amendments due by 5/1/2014, Dispositive Motions due by 8/1/2014, Related document(s) #63 . (M,L) |
Filing 63 Stipulation & Order approving #62 Proposed Discovery Dates and Tentative Trial Date. Discovery deadline 7/1/2014. Plaintiff's expert disclosure and report due by 5/1/2014; Claimants' expert disclosure and report due by 6/1/2014. Dispositive motion deadline 8/1/2014. Cut-off for amended pleadings and/or addition parties 5/1/2014. Phone status set for 5/1/2014 at 10:00 AM. Tentative trial date 9/8/2014. Judge Jack Zouhary on 3/14/2014. (D,L) |
Filing 62 Proposed Discovery Dates and Tentative Trial Date filed by United States of America. (Rojas, Guillermo) |
Filing 61 ORDER. Status Phone Conference held on 3/6/14. Counsel agreed additional discovery needs to take place in light of recent ruling #59 . Counsel shall submit proposed case schedule for Court's review and approval by 3/13/14. Trial date of 3/31/14 is vacated. (20 min) Judge Jack Zouhary on 3/10/14. (S,Na) |
Filing 60 ORDER. Following up this Court's Memorandum Opinion #59 , Phone Conference set for 3/6/14 at 9:30 AM before Judge Jack Zouhary. Counsel should call Chambers to obtain the District Court conference line number and advise who will be attending the conference. Counsel should be prepared to discuss the case schedule, including the trial date of 3/31/14. Judge Jack Zouhary on 2/25/14. (S,Na) |
Filing 59 Order denying #53 Tax Tree, ITS, and Fesum Ogbzaion's Motion for summary judgment. Because Claimants have failed, at this time, to persuade this Court they are entitled as a matter of law to a return of any portion of the Seized Account, the Motion is denied. Judge Jack Zouhary on 2/24/2014.(D,L) |
Filing 58 Supplement to U.S.A.'s Oral Argument to Motion Hearing, Terminate Deadlines and Hearings,, filed by United States of America. (Attachments: #1 Cited case)(Rojas, Guillermo) |
Minutes of proceedings [non-document] before Judge Jack Zouhary. Record hearing held on 1/28/14 re Claimants' Motion for Summary Judgment #53 . (Court Reporter: Angela Nixon). Counsel present: James Morford and Guillermo Rojas for Plaintiff; Fritz Byers, Todd Bryant and Andrew White for Claimants Fesum Ogbazion, ITS Financial, LLC and Tax Free, LLC. Matter taken under advisement. (1 hr 30 min) (S,Na) |
Filing 57 QUESTIONS for Hearing on 1/28/14 on Claimants' Pending Summary Judgement Motion. Judge Jack Zouhary on 1/22/14. (S,Na) |
Filing 56 ORDER. Record Hearing re Claimants' Motion for Summary Judgment set for 1/28/14 at 10:30 AM in Courtroom 209 before Judge Jack Zouhary. Court will forward questions in advance of the hearing for counsel to address at the hearing. Judge Jack Zouhary on 12/11/13. (S,Na) |
Filing 55 Reply to response to #53 Motion for summary judgment filed by ITS Financial, LLC, Fesum Ogbazion, Tax Tree, LLC. (Byers, Fritz) |
Filing 54 Opposition to #53 Motion for summary judgment filed by United States of America. (Attachments: #1 Exhibit Declaration of Fackler, #2 Exhibit Statistical Summary)(Rojas, Guillermo) |
Filing 53 Motion for summary judgment filed by ITS Financial, LLC, Fesum Ogbazion, Tax Tree, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Affidavit)(Byers, Fritz) |
Filing 52 ORDER. Status Phone Conference held on 9/16/13. Discovery is ongoing. Jury Trial set for 3/31/14 at 9:00 AM in Courtroom 209 before Judge Jack Zouhary. Dispositive motions (after discussions with opposing counsel) shall be filed by 11/1/13; response due 11/22/13; reply due 12/6/13. See Order for dispositive motion requirements. (30 min) Judge Jack Zouhary on 9/18/13. (S,Na) |
Filing 51 Order granting #50 Motion for a privacy act protection order and leave to disclose records. Judge Jack Zouhary on 8/27/2013.(D,L) |
Filing 50 Joint Motion for protective order filed by Suzan Abraham, ITS Financial, LLC, Adonay Mehreteab, Mehreteab Enterprises, LLC, Fesum Ogbazion, Tax Tree, LLC, Plaintiff United States of America. (Attachments: #1 Proposed Order)(Rojas, Guillermo) |
Filing 49 ORDER. Status Phone Conference held on 8/15/13. Plaintiff providing Defendant with requested documents and will submit proposed Protective Order. Follow-up Phone Conference set for 9/16/13 at 11:00 AM before Judge Jack Zouhary. Prior to then, counsel shall discuss alternative case resolutions and, if agreement can be reached, submit a proposed Stipulation and Order. Counsel instructed to use the same District Court conference line. (15 min) Judge Jack Zouhary on 8/15/13. (S,Na) |
Filing 48 ORDER. Status Phone Conference held on 6/13/13. Court lifts stay and allows parties to engage in limited discovery. If disputes arise re exchange of information, counsel may call Court for prompt resolution. Further Status Phone Conference set for 8/15/13 at 8:30 AM before Judge Jack Zouhary (District Court conference line). At that time, counsel should be prepared to discuss remaining case schedule, including the filing of any motions and a firm trial month. (20 min) Judge Jack Zouhary on 6/13/13. (S,Na) |
Filing 47 ORDER. Status Phone Conference set for 6/13/13 at 12:30 PM before Judge Jack Zouhary. Counsel instructed to call the District Court conference line. Counsel shall be prepared to discuss a prompt resolution of this case. Judge Jack Zouhary on 6/7/13. (S,Na) |
Filing 46 Order of Recusal. This case is returned to the Clerk for reassignment to Judge Jack Zouhary for all further proceedings. Magistrate Judge Vernelis K. Armstrong on 6/6/13. (B,CJ) |
Judge Jack Zouhary assigned to case. Magistrate Judge Vernelis K. Armstrong terminated. (L,A) |
Filing 45 ORDER phone Conference held on 4/5/13 Time: 15 min. Govt requested an additional 60 days stay, which was not opposed by counsel. Granted per outline. Further in person Status Conference set for 6/6/2013 at 11:00 AM in Chambers 222 (Toledo) before Magistrate Judge Vernelis K. Armstrong.Magistrate Judge Vernelis K. Armstrong on 4/5/13. (B,CJ) |
Filing 44 Marginal Entry Order granting Motion to stay (Related Doc #26 ) Case stayed until 3/31/13. Case scheduled for phone status conference on 4/5/13 at 10:30 a.m. Magistrate Judge Vernelis K. Armstrong on 2/4/13.(B,CJ) |
Set Deadlines and Hearings Telephone Conference set for 4/5/2013 at 10:30 AM in to be held telephonically before Magistrate Judge Vernelis K. Armstrong. (B,CJ) |
Filing 43 Attorney Appearance by Fritz Byers filed by on behalf of ITS Financial, LLC, Fesum Ogbazion, Tax Tree, LLC. (Byers, Fritz) |
Filing 42 ORDER phone Conference held on 1/29/13 to discuss the pending motion to stay filed by the gov't. Counsel agreed that unless objections are filed by Friday, 2/1/13 they wll not object to the Court granting govt's motion to stay the case until 3/31/13. Time: 15 min. Magistrate Judge Vernelis K. Armstrong on 1/30/13. (B,CJ) |
Filing 40 Marginal Entry Order granting govt's Motion for leave to supplement motion to stay with the filing of exhibit/declaration of Special Agent Jennifer Fackler under seal. (Related Doc #39 ). Magistrate Judge Vernelis K. Armstrong on 12/28/12.(B,CJ) |
Filing 39 Motion for leave to Supplement Motion for Stay with Ex Parte Declaration of Special Agent Jennifer Fackler to be Filed Under Seal filed by Plaintiff United States of America. Related document(s) #26 , #34 . (Rojas, Guillermo) |
Filing 38 Notice of United States' Decision Not to Provide Direct Notice to Instant Tax Service Taxpayer Clients filed by All Plaintiffs. (Attachments: #1 Exhibit Addendum to Notice Explaining United States' Decision Not to Provide Direct Notice to Instant Tax Service Taxpayer Clients)Related document(s) #37 .(Rojas, Guillermo) |
Filing 37 ORDER Phone conference held 11/21/12. Counsel for the Government advised the Court that individual notice will be given to potential claimants as opposed to notice by publication. Accordingly, the Court denies as moot the Govt's Motion to give notice by publication #27 . The Court scheduled a further phone Conference set for 1/29/2013 at 11:30 AM before Magistrate Judge Vernelis K. Armstrong. Magistrate Judge Vernelis K. Armstrong on 11/26/12. (B,CJ) |
Minutes of proceedings [NON-DOCUMENT ENTRY] before Magistrate Judge Vernelis K. Armstrong. Telephone Conference held on 11/21/12 Time: 30 min. (B,CJ) |
Filing 36 Attorney Appearance (Notice of Appearance of Co-Counsel) by James L. Morford filed by on behalf of United States of America. (Morford, James) |
Filing 35 Response to plaintiffs reply to objection to #26 Motion to stay filed by ITS Financial, LLC, Fesum Ogbazion, Tax Tree, LLC. (McBride, Mark) Modified on 11/20/2012 to edit text (B,TM). |
Filing 34 CORRECTED Reply to Objections of plaintiff's #27 Motion to approve public notice filed by United States of America. (Rojas, Guillermo) Modified on 11/20/2012 to edit text (B,TM). |
Filing 33 Reply to Objections to #26 Motion to stay and Request for Status Hearing filed by United States of America. (Rojas, Guillermo) Modified on 11/20/2012 to edit text (B,TM). |
Filing 32 Reply to response to #27 Motion for publication of notice filed by United States of America. (Rojas, Guillermo) Modified on 11/20/2012 to note incorrect title of pleading noted, filer notified (B,TM). |
Filing 31 Response to #26 Motion to stay Objection to which is filed by Fesum Ogbazion, Tax Tree, LLC. (McBride, Mark) |
Filing 30 Response to #27 Motion for publication of notice of which Objection is filed by Fesum Ogbazion, Tax Tree, LLC. (McBride, Mark) |
Filing 29 Response to #26 Motion to stay of which Objection is filed by ITS Financial, LLC. (McBride, Mark) |
Filing 28 Response to #27 Motion for publication of notice Objection of which filed by ITS Financial, LLC. (McBride, Mark) |
Filing 27 Motion for publication of notice filed by Plaintiff United States of America. Related document(s) #25 . (Attachments: #1 Appendix Proposed Public Notice)(Rojas, Guillermo) |
Filing 26 Motion to stay filed by Plaintiff United States of America. Related document(s) #25 . (Rojas, Guillermo) |
Filing 25 ORDER Case Management Conference held on 10/10/12. Case is assigned to the standard track. No deadlines set at this time; The Court granted govt's request to file mtoion to stay proceedings and a mtoion to seek service by publication w/in 14 days. Claimants/Defts granted 14 days thereafter to file response. Further status will be scheduled after court's ruling on motion to stay. Time: 1 hr. Magistrate Judge Vernelis K. Armstrong on 10/10/12. (B,CJ) |
Filing 24 Consent of the parties to this case being transferred to the docket of Magistrate Judge Vernelis K. Armstrong for further proceedings. Judge Jack Zouhary on 10/9/12. (D,L) |
Filing 23 Report of Parties' Planning Meeting , with Consent to Magistrate Form attached as an appendix, parties consent to this case being assigned to the magistrate judge, filed by All Parties. (Attachments: #1 Appendix Consent to Magistrate Form)Related document(s) #10 .(Rojas, Guillermo) |
Filing 22 Marginal Entry Order granting Claimants' Ogbazion, ITS Financial & Tax Tree's Motion to excuse appearance at CMC (Related Doc #18 ) #19 ) & #20 ). Claimant's shall be available by phone. Magistrate Judge Vernelis K. Armstrong on 10/9/12.(B,CJ) |
Filing 21 Marginal Entry Order granting claimants Mehreteab, Abraham & Mehreteab Enterprises' Motion to excuse appearance at CMC. Parties shall be available by phone. (Related Doc #16 ). Magistrate Judge Vernelis K. Armstrong on 10/9/12.(B,CJ) |
Filing 20 Motion to excuse appearance filed by Claimant Fesum Ogbazion. (McBride, Mark) |
Filing 19 Motion to excuse appearance filed by Claimant Tax Tree, LLC. (McBride, Mark) |
Filing 18 Motion to excuse appearance filed by Claimant ITS Financial, LLC. (McBride, Mark) |
Filing 17 Proposed Order filed by Suzan Abraham, Adonay Mehreteab, Mehreteab Enterprises, LLC. Related document(s) #16 . (Cafferty, Thomas) |
Filing 16 Joint Motion to excuse appearance at CMC filed by Suzan Abraham, Adonay Mehreteab, Mehreteab Enterprises, LLC. Related document(s) #10 . (Cafferty, Thomas) |
Filing 15 Answer to #1 Complaint filed by Tax Tree, LLC. (McBride, Mark) |
Filing 14 Answer to #1 Complaint filed by Fesum Ogbazion. (McBride, Mark) |
Filing 13 Answer to #1 Complaint filed by ITS Financial, LLC. (McBride, Mark) |
Filing 12 Answer to #1 Complaint filed by Adonay Mehreteab. (McBride, Mark) |
Filing 11 Answer to #1 Complaint filed by Suzan Abraham, Mehreteab Enterprises, LLC. (Cafferty, Thomas) |
Filing 10 IMPORTANT: Notice of Case management conference to be held on 10/10/2012 at 2:00 PM at Chambers 222 (Toledo) before Magistrate Judge Vernelis K. Armstrong. (B,CJ) |
Filing 9 Internet Publication of Forfeiture filed by United States of America. (Rojas, Guillermo) |
Filing 8 Notice of Filing of Verified Claim filed by Mehreteab Enterprises, LLC. Related document(s) #1 .(Cafferty, Thomas) |
Filing 7 Notice of Filing of Verified Claim filed by Suzan Abraham. Related document(s) #1 .(Cafferty, Thomas) |
Filing 6 Notice of Filing of Verified Claim filed by $4,311,936.62. (Attachments: #1 Exhibit Verified Claim)(McBride, Mark) |
Filing 5 Notice of Filing of Verified Claim filed by $4,311,936.62. (Attachments: #1 Exhibit Verified Claim)(McBride, Mark) |
Filing 4 Notice of Filing of Verified Claim filed by $4,311,936.62. (Attachments: #1 Exhibit Verified Claim)(McBride, Mark) |
Filing 3 Notice of Filing of Verified Claim filed by $4,311,936.62. (Attachments: #1 Exhibit Verified Claim)(McBride, Mark) |
Judge Jack Zouhary assigned to case. (B,TM) |
Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Armstrong. (B,TM) |
Automatic Reference [non-document] of Administrative Action to Magistrate Judge Vernelis K. Armstrong pursuant to Local Rule 72.2.. Judge Jack Zouhary on 8/7/2012. (B,TM) |
Filing 1 Complaint in Forfeiture against $4,311,936.62 Filed by United States of America. (Attachments: #1 Civil Cover Sheet, #2 Warrant of Arrest In Rem) (Rojas, Guillermo) Modified on 8/10/2012 (L,V). |
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