Date Filed 01/14/2009
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA, )
Plaintiff, ) Civil Action No. 08-1345 (RMC)
) ECF
v. )
)
8 GILCREASE LANE, QUINCY )
FLORIDA 32351, etc., )
In Rem Defendants. )
)
)
Thomas A. Bowdoin, Jr., )
Bowdoin/Harris Enterprises, Inc. & )
Adsurfdaily, Inc., )
Claimants. )
)
PLAINTIFF’S NOTICE OF CONSENT TO CLAIMANTS’ “MOTION TO
WITHDRAW CLAIMS AND CONSENT TO FORFEITURE” AND
UNOPPOSED MOTION TO CANCEL INITIAL SCHEDULING CONFERENCE
COMES NOW, plaintiff United States of America, by and through its attorney,
the
United States Attorney for the District of Columbia, respectfully move
this Court to allow
Claimants to withdraw their claims and consent to forfeiture and to
cancel the initial Scheduling
Conference that the Court has presently set for January30, 2009, at
12:00 p.m. Claimants
Thomas A. Bowdoin, Jr., Bowdoin/Harris Enterprises, Inc. and Adsurfdaily,
Inc. do not oppose
this motion. As grounds for this request, plaintiff submits as follows:
1. On January 13, 2009, claimants (1) Thomas A. Bowdoin, Jr., (2) Bowdoin/Harris
Enterprises, Inc. and (3) Adsurfdaily, Inc. filed a motion to withdraw
their previously filed
verified claims. See Doc. #39. Those claims were a prerequisite to claimants'
effort to secure
standing to contest the relief sought by plaintiff in this case, that
is, the forfeiture of the defendant
properties. Plaintiff does not oppose these claimants' motion to withdraw
their claims and these
Case 1:08-cv-01345-RMC Document 40 Filed 01/14/2009 Page 1 of 4
2
claimants do not oppose plaintiff's request here to cancel the scheduling
conference.
2. The only other persons having filed verified claims in this action
previously moved to
dismiss their claims, on September 22, 2008. See Doc. #24. Plaintiff
did not oppose that motion
to dismiss claims.
3. Claimants' motions (1) to withdraw claims (Doc. #24) and (2) to dismiss
claims (Doc.
#39) remain pending. Should the Court grant these two motions to dismiss
all claimants' claims,
and upon the expiration of all applicable time periods, plaintiff intends
to seek a default against
the in rem defendants and final judgment of forfeiture. Meanwhile, plaintiff
explores mechanisms
to identify victims and losses attributable to the AdSurfDaily and Golden
Panda Ad Builder Ponzi
operations so that property sued because of its involvement in the fraud
schemes alleged in the
complaint (or the value of property upon its liquidation) may be used
to compensate the frauds'
victims. Based on recent events, scheduling a conference to discuss
schedules for moving this
case toward disposition no longer is needed.
Respectfully submitted,
/s/ Jeffrey A. Taylor
JEFFREY TAYLOR, D.C. Bar No. 498610
UNITED STATES ATTORNEY
/s/ William R. Cowden
WILLIAM R. COWDEN, D.C. Bar No. 426301
Assistant United States Attorney
Chief, Asset Forfeiture Unit
VASU B. MUTHYALA, D.C. Bar No. 496935
Assistant United States Attorney
Fraud and Public Corruption Section
555 Fourth Street, N.W., Fourth Floor
Washington, D.C. 20530
(202) 307-0258
william.cowden@usdoj.gov
Case 1:08-cv-01345-RMC Document 40 Filed 01/14/2009 Page 2 of 4
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CERTIFICATE OF SERVICE
I hereby certify that I caused a copy of the foregoing Motion/Notice
to be served by means
of the Court’s ECF system on this 14th day of January 2009 upon each
claimant's counsel of
record.
/ /s William R. Cowden
WILLIAM R. COWDEN
Case 1:08-cv-01345-RMC Document 40 Filed 01/14/2009 Page 3 of 4
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA, )
Plaintiff, ) Civil Action No. 08-1345 (RMC)
) ECF
v. )
)
8 GILCREASE LANE, QUINCY )
FLORIDA 32351, etc., )
In Rem Defendants. )
)
ORDER CANCELING INITIAL SCHEDULING CONFERENCE
Upon consideration of Plaintiff's unopposed Motion to Cancel the Initial
Scheduling
Hearing set for January 30, 2009 and the entire record herein, it is
this _____ day of
_________________________, 2009, HEREBY Ordered that the Motion to Cancel
the Initial
Scheduling Conference previously set for January 30, 2009, at 12:00
p.m., is GRANTED.
_______________________________________
ROSEMARY M. COLLYER
United States District Judge
Case 1:08-cv-01345-RMC Document 40 Filed 01/14/2009 Page 4 of 4