U.S. District Court
District of Columbia (Washington, DC)
CIVIL DOCKET FOR CASE #: 1:08-cv-01345-RMC
UNITED STATES OF AMERICA v. 8 GILCREASE LANE, QUINCY, FLORIDA 32351 et al Assigned to: Judge Rosemary M. Collyer Cause: 18:1961 Racketeering (RICO) Act |
Date Filed: 08/05/2008 Jury Demand: None Nature of Suit: 690 Forfeit/Penalty: Other Jurisdiction: U.S. Government Plaintiff |
| Date Filed | # | Docket Text |
|---|---|---|
| 08/05/2008 | 1 | COMPLAINT against 8 GILCREASE LANE, QUINCY, FLORIDA 32351, ONE CONDO LOCATED ON NORTH OCEAN BOULEVARD IN MYRTLE BEACH, SOUTH CAROLINA, ALL FUNDS INCLUDING APPROXIMATELY $53 MILLION, ON DEPOSIT AT BANK OF AMERICA ACCOUNTS OF (1) THOMAS A. BOWDOIN, JR., (2) CLARENCE BUSBY, JR. & DAWN STOWERS,& (3) GOLDEN PANDA AD BUILDER filed by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit 1 - 8, # 2Civil Cover Sheet)(tg, ) (Entered: 08/06/2008) |
| 08/05/2008 | WARRANT (3) of for Arrest in Rem issued. (tg, ) (Entered: 08/06/2008) | |
| 08/11/2008 | 2 | ENTERED IN ERROR.....NOTICE of Appearance by Michael Louis Fayad on behalf of ALL FUNDS INCLUDING APPROXIMATELY $53 MILLION, ON DEPOSIT AT BANK OF AMERICA ACCOUNTS OF (1) THOMAS A. BOWDOIN, JR.,, (2) CLARENCE BUSBY, JR. & DAWN STOWERS,& (3) GOLDEN PANDA AD BUILDER (Fayad, Michael) Modified on 8/12/2008 (tg, ). (Entered: 08/11/2008) |
| 08/12/2008 | 3 | ENTERED IN ERROR.....NOTICE CORRECTED APPEARANCE by ALL FUNDS INCLUDING APPROXIMATELY $53 MILLION, ON DEPOSIT AT BANK OF AMERICA ACCOUNTS OF (1) THOMAS A. BOWDOIN, JR.,, (2) CLARENCE BUSBY, JR. & DAWN STOWERS,& (3) GOLDEN PANDA AD BUILDER re 2Notice of Appearance, (Fayad, Michael) Modified on 8/12/2008 (tg, ). (Entered: 08/12/2008) |
| 08/12/2008 | 4 | NOTICE of Appearance by Michael Louis Fayad on behalf of ADSURFDAILY, INC., THOMAS A. BOWDOIN, JR, BOWDOIN HARRIS ENTERPRISES, INC. (tg, ) (Entered: 08/12/2008) |
| 08/12/2008 | NOTICE OF CORRECTED DOCKET ENTRIES: re3 Notice of Appearance, and 2Notice of Appearance, were entered in error. The clerk properly added the claimants to the case and entered attorney Fayad's appearance. (tg, ) (Entered: 08/12/2008) | |
| 08/15/2008 | 5 | MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael L. Fayad, :Firm- Akerman Senterfitt, :Address- 8100 Boone Blvd., #700, Vienna, VA 22182. Phone No. - 703-790-8750. Fax No. - 703-448-1801 by ADSURFDAILY, INC., THOMAS A. BOWDOIN, JR, BOWDOIN HARRIS ENTERPRISES, INC. (Attachments: # 1 Pro Hac Vice Declaration of Jonathan Goodman)(Fayad, Michael) (Entered: 08/15/2008) |
| 08/15/2008 | 6 | CLAIM Verified by ADSURFDAILY, INC., THOMAS A. BOWDOIN, JR, BOWDOIN HARRIS ENTERPRISES, INC.. (Attachments: #1 Verified Claims)(Fayad, Michael) (Entered: 08/15/2008) |
| 08/18/2008 | MINUTE ENTRY ORDER granting 5Unopposed Motion to Permit Appearance of Counsel Jonathan Goodman Pro Hac Vice. Signed by Judge Rosemary M. Collyer on 08/18/08. (lcrmc1) (Entered: 08/18/2008) | |
| 08/18/2008 | 7 | Emergency MOTION FOR RETURN OF SEIZED FUNDS TO SAVE BUSINESS AND JOBS WITH OVERSIGHT AND MONITORING AND/OR FOR EVIDENTIARY HEARING, AND MOTION TO DISMISS AND SUPPORTING POINTS OF LAW AND AUTHORITIES by ADSURFDAILY, INC., THOMAS A. BOWDOIN, JR, BOWDOIN HARRIS ENTERPRISES, INC. (Attachments: # 1 Exhibit List, #2 Exhibit A, # 3Exhibit B, #4 Exhibit C, #5 Exhibit D, # 6Exhibit E, # 7Exhibit F, # 8Exhibit G, #9 Exhibit H)(Fayad, Michael) (Entered: 08/18/2008) |
| 08/18/2008 | 8 | MOTION to Dismiss by ADSURFDAILY, INC., THOMAS A. BOWDOIN, JR, BOWDOIN HARRIS ENTERPRISES, INC. (tg, ) (See Docket Entry Number 7 to view document) (Entered: 08/19/2008) |
| 08/19/2008 | MINUTE ENTRY ORDER. Upon consideration of Claimant's 7Emergency Motion for Return of Seized Funds to Save Business and Jobs with Oversight and Monitoring and/or for Evidentiary Hearing, and Motion to Dismiss and Supporting Points of Law and Authorities, it is hereby ORDERED that the Government shall respond to Claimant's Motion no later than August 25, 2008. Signed by Judge Rosemary M. Collyer on 08/19/08. (lcrmc1) (Entered: 08/19/2008) | |
| 08/19/2008 | Set/Reset Deadlines: Government's response due by 8/25/2008. (cdw) (Entered: 08/20/2008) | |
| 08/22/2008 | 9 | ENTERED IN ERROR.....CLAIM Verified Claims of Claimants Golden Panda Ad Builder, and Clarence Busby, Jr. by ALL FUNDS INCLUDING APPROXIMATELY $53 MILLION, ON DEPOSIT AT BANK OF AMERICA ACCOUNTS OF (1) THOMAS A. BOWDOIN, JR.,, (2) CLARENCE BUSBY, JR. & DAWN STOWERS,& (3) GOLDEN PANDA AD BUILDER. (Attachments: # 1 Certificate of Service)(Emord, Jonathan) Modified on 8/25/2008 (td, ). (Entered: 08/22/2008) |
| 08/22/2008 | NOTICE OF CORRECTED DOCKET ENTRY: re 9Claim, was entered in error and counsel was instructed to refile said pleading once the claimants are added. (td, ) (Entered: 08/25/2008) | |
| 08/25/2008 | 10 | CLAIM Verified Claim by GOLDEN PANDA AD BUILDER, CLARENCE BUSBY, JR. (Attachments: # 1Certificate of Service)(Emord, Jonathan) (Entered: 08/25/2008) |
| 08/25/2008 | 11 | NOTICE of Appearance by Jonathan W. Emord on behalf of GOLDEN PANDA AD BUILDER, CLARENCE BUSBY, JR (Emord, Jonathan) (Entered: 08/25/2008) |
| 08/25/2008 | 12 | MOTION for Leave to Appear Pro Hac Vice :Attorney Name- D. Jack Smith, :Firm- Law Offices of D. Jack Smith, :Address- 4620 Shady Grove Road, Memphis, TN 39117. Phone No. - 901-685-1586. Fax No. - 901-763-2976 by GOLDEN PANDA AD BUILDER, CLARENCE BUSBY, JR (Attachments: # 1 Affidavit)(Emord, Jonathan) (Entered: 08/25/2008) |
| 08/25/2008 | MINUTE ENTRY ORDER granting 12 Motion for Admission Pro Hac Vice of D. Jack Smith to this Court for the purpose of representing Clarence Busby Jr. d/b/a Golden Panda Ad Builder. Signed by Judge Rosemary M. Collyer on 08/25/08. (lcrmc1) (Entered: 08/25/2008) | |
| 08/25/2008 | 13 | Memorandum in opposition to re 8 MOTION to Dismiss filed by UNITED STATES OF AMERICA. (Cowden, William) (Entered: 08/25/2008) |
| 08/25/2008 | 14 | Memorandum in opposition to re 7 Emergency MOTION FOR RETURN OF SEIZED FUNDS TO SAVE BUSINESS AND JOBS WITH OVERSIGHT AND MONITORING AND/OR FOR EVIDENTIARY HEARING, AND MOTION TO DISMISS AND SUPPORTING POINTS OF LAW AND AUTHORITIES filed by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit Convention & Rally Results, # 2 Exhibit Unpublished Order (D.D.C.), # 3 Exhibit Unpublished opinion (S.D. Ohio))(Cowden, William) (Entered: 08/25/2008) |
| 08/26/2008 | 15 | Consent MOTION for Extension of Time to File Responsive Pleading by GOLDEN PANDA AD BUILDER, CLARENCE BUSBY, JR (Attachments: # 1 Text of Proposed Order)(Emord, Jonathan) (Entered: 08/26/2008) |
| 08/27/2008 | MINUTE ENTRY ORDER granting 15Claimant's Unopposed Motion for Extension of Time to File Responsive Pleading. It is hereby ORDERED that the Claimant Clarence Busby Jr. d/b/a Golden Panda Ad Builder shall file a responsive pleading no later than October 13, 2008. Signed by Judge Rosemary M. Collyer on 08/27/08. (lcrmc1) (Entered: 08/27/2008) | |
| 08/27/2008 | Set/Reset Deadlines: Response due by 10/13/2008 (tb, ) (Entered: 08/27/2008) | |
| 08/29/2008 | 16 | REPLY to opposition to motion re 7 Emergency MOTION FOR RETURN OF SEIZED FUNDS TO SAVE BUSINESS AND JOBS WITH OVERSIGHT AND MONITORING AND/OR FOR EVIDENTIARY HEARING, AND MOTION TO DISMISS AND SUPPORTING POINTS OF LAW AND AUTHORITIES, 8 MOTION to Dismiss filed by ADSURFDAILY, INC., THOMAS A. BOWDOIN, JR, BOWDOIN HARRIS ENTERPRISES, INC.. (Attachments: # 1 Exhibit Exhibit A)(Fayad, Michael) (Entered: 08/29/2008) |
| 08/29/2008 | 17 | MOTION to Sever, MOTION to Transfer Case by GOLDEN PANDA AD BUILDER, CLARENCE BUSBY, JR (Attachments: # 1 Memorandum in Support, # 2 Exhibit Exhibit 1 - Affidavit of Clarence Busby Jr., # 3 Exhibit Exhibit 2 - Busby Affidavit in Support of Motion to Sever, # 4 Exhibit Exhibit 3 - Affidavit of Dawn Stowers in Support of Motion to Sever, # 5 Text of Proposed Order)(Emord, Jonathan) (Entered: 08/29/2008) |
| 08/29/2008 | 18 | Emergency MOTION for Release of Funds by GOLDEN PANDA AD BUILDER, CLARENCE BUSBY, JR (Attachments: # 1 Memorandum in Support, # 2 Exhibit Affidavit of Clarence Busby Jr., # 3 Text of Proposed Order)(Emord, Jonathan) (Entered: 08/29/2008) |
| 09/10/2008 | 19 | Memorandum in opposition to re 18 Emergency MOTION for Release of Funds filed by UNITED STATES OF AMERICA. (Attachments: # 1Exhibit (1) Golden Panda Terms of Service, # 2 Exhibit (2) Unpublished D.C.C. Opinion, # 3 Exhibit (3) Unpublished N.D. Ohio Opinion)(Cowden, William) (Entered: 09/10/2008) |
| 09/11/2008 | 20 | NOTICE of Appearance by Vasu B. Muthyala on behalf of UNITED STATES OF AMERICA (Muthyala, Vasu) (Entered: 09/11/2008) |
| 09/12/2008 | 21 | Consent MOTION for Extension of Time to File Response/Reply as to 17 MOTION to Sever MOTION to Transfer Case by UNITED STATES OF AMERICA (Cowden, William) (Entered: 09/12/2008) |
| 09/15/2008 | 22 | Consent MOTION for Extension of Time to File Response/Reply as to 18 Emergency MOTION for Release of Funds by GOLDEN PANDA AD BUILDER, CLARENCE BUSBY, JR (Attachments: # 1 Text of Proposed Order)(Emord, Jonathan) (Entered: 09/15/2008) |
| 09/15/2008 | MINUTE ENTRY ORDER granting 21 Plaintiff United States' Consent Motion for Enlargement of Time; and granting 22 Claimants Golden Panda Ad Builder's and Clarence Busby, Jr.'s Consent Motion for Extension of Time. It is hereby ORDERED that Plaintiff United States shall respond to Claimants' Motion to Sever and Transfer no later than October 3, 2008; and it is further ORDERED that Claimants shall file their reply no later than October 8, 2008. Signed by Judge Rosemary M. Collyer on 09/15/08. (lcrmc1) (Entered: 09/15/2008) | |
| 09/15/2008 | Set/Reset Deadlines/Hearings: Plaintiff's response due by 10/3/2008. Claimant's Reply due by 10/8/2008. (cdw) (Entered: 09/16/2008) | |
| 09/16/2008 | 23 | NOTICE of Filing of Claimants' Proposed Compliance and Oversight Plan by ADSURFDAILY, INC. (Attachments: # 1 Proposed Compliance and Oversight Plan)(Fayad, Michael) (Entered: 09/16/2008) |
| 09/18/2008 | MINUTE ENTRY ORDER. Upon consideration of the request by Claimants AdSurfDaily, Inc. ("ASD") and Thomas A. Bowdoin for an evidentiary hearing to challenge the Government's opposition to the pre-trial release of seized funds, see Dkt. # 7, as well as the Government's non-opposition to the request for an evidentiary hearing, see Dkt. # 19, the Court finds that it is in the interests of justice to grant the Claimants' request for an evidentiary hearing. Accordingly, it is hereby ORDERED that ASD's and Thomas A. Bowdoin's motion for an evidentiary hearing is GRANTED. It is further ORDERED that, pursuant to 18 U.S.C. § 983(f)(5), the scheduling of an evidentiary hearing regarding the pre-trial release of seized funds establishes good cause for extending the time for the Court to render a decision on the Claimants' emergency motion for return of seized funds through the date of completion of the evidentiary hearing, at which time the Court shall determine whether further extension is necessary while the Court takes the motions under advisement. It is hereby ORDERED that the Deputy Clerk of the Court is directed to schedule an evidentiary hearing on the Claimants' emergency motion. Signed by Judge Rosemary M. Collyer on 09/18/08. (lcrmc1) (Entered: 09/18/2008) | |
| 09/19/2008 | NOTICE of Hearing: A two-day Motion Hearing in re 7 is set to commence on 9/30/2008 at 9:30 AM in Courtroom 2, main building, 2nd floor, before Judge Rosemary M. Collyer. (cdw) (Entered: 09/19/2008) | |
| 09/22/2008 | 24 | Consent MOTION to Dismiss Claims by GOLDEN PANDA AD BUILDER, CLARENCE BUSBY, JR (Attachments: # 1Text of Proposed Order)(Emord, Jonathan) (Entered: 09/22/2008) |
| 09/23/2008 | MINUTE ENTRY ORDER. Upon consideration of Claimants Golden Panda Ad Builder's and Clarence Busby, Jr.'s 24 Consent Motion to Dismiss Golden Panda Claims, it is hereby ORDERED that the 24 Consent Motion to Dismiss Golden Panda Claims is GRANTED. It is further ORDERED that the Verified Claims of Claimants Golden Panda Ad Builder and Clarence Busby, Jr. are DISMISSED. It is further ORDERED that Claimants' 17 Motion for Severance or Transfer is DENIED as moot; and 18 Claimants' Emergency Motion for Release of Property Pending Forfeiture, and for Evidentiary Hearing, is DENIED as moot. Signed by Judge Rosemary M. Collyer on 9/23/08. (lcrmc1) (Entered: 09/23/2008) | |
| 09/24/2008 | 25 | Emergency MOTION to Quash (with Points and Authorities) by ADSURFDAILY, INC., THOMAS A. BOWDOIN, JR, BOWDOIN HARRIS ENTERPRISES, INC. (Attachments: # 1 Exhibit A)(Fayad, Michael) (Entered: 09/24/2008) |
| 09/25/2008 | 26 | ENTERED IN ERROR.....REPLY to opposition to motion re 25 Emergency MOTION to Quash (with Points and Authorities) filed by UNITED STATES OF AMERICA. (Cowden, William) Modified on 9/26/2008 (nmw, ). (Entered: 09/25/2008) |
| 09/25/2008 | NOTICE of Hearing: The 2-day Motion Hearing set to commence on 9/30/2008 at 9:30 AM, will be held in the Ceremonial Courtroom (Courtroom 20, sixth floor) of the Prettyman Building before Judge Rosemary M. Collyer. Please make note of the location change. (cdw) (Entered: 09/25/2008) | |
| 09/25/2008 | Minute Entry for proceedings held before Judge Rosemary M. Collyer: Telephone Conference held on 9/25/2008. (Court Reporter: Crystal Pilgrim) (cdw) (Entered: 09/25/2008) | |
| 09/26/2008 | NOTICE OF ERROR re 26 Reply to opposition to Motion; emailed to william.cowden@usdoj.gov, cc'd 10 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect event used, 2. Please refile document, 3. Doc. No. 26 is entered in error; please refile as a Memorandum in Opposition (nmw, ) (Entered: 09/26/2008) | |
| 09/29/2008 | 27 | NOTICE of Filing of Claimant's Petition to Determine Proportionality (with Supporting Memorandum of Law) by ADSURFDAILY, INC. (Fayad, Michael) (Entered: 09/29/2008) |
| 09/29/2008 | 28 | Memorandum in opposition to re 25 Emergency MOTION to Quash (with Points and Authorities) filed by UNITED STATES OF AMERICA. (Cowden, William) (Entered: 09/29/2008) |
| 09/29/2008 | 29 | RESPONSE re 27 Notice (Other) filed by UNITED STATES OF AMERICA. (Cowden, William) (Entered: 09/29/2008) |
| 09/30/2008 | 30 | REPLY re 27 Notice (Other) Claimant's Reply to Plaintiff's Opposition to Claimant's Petition to Determine Proportionality filed by ADSURFDAILY, INC.. (Fayad, Michael) (Entered: 09/30/2008) |
| 09/30/2008 | MINUTE ORDER. The Notice of Claimants Petition to Determine Proportionality 27 is deemed to be motion. Counsel for Claimant, Mr. Fayad, is directed to comply with all of the Courts rules on ECF filing and in the future shall file pleadings requesting relief from the Court as motions, and not as notices. Signed by Judge Rosemary M. Collyer on 9/30/08. (KD) (Entered: 09/30/2008) | |
| 09/30/2008 | MINUTE ENTRY ORDER. In light of the Plaintiff's withdrawal of the subpoenas of Thomas A. Bowdoin, Jr. and Juan Fernandez, see Dkt. # 28, Claimants' 27 Emergency Motion to Quash Subpoenas is denied as moot. Signed by Judge Rosemary M. Collyer on 09/30/08. (lcrmc1) (Entered: 09/30/2008) | |
| 09/30/2008 | Minute Entry for proceedings held before Judge Rosemary M. Collyer: Motion Hearing held on 9/30/2008 re 7 Emergency Motion for Return of Seized Funds, and for Evidentiary Hearing, and to Dismiss. Defendant's Witnesses: Robert Grayson and Gerald Nehra. Oral Motion by the Defendant to offer Gerald Nehra as an expert witness, heard and granted. Motion Hearing continued to 10/1/2008 at 9:30 AM in Courtroom 2 before Judge Rosemary M. Collyer. (Court Reporter: Crystal Pilgrim) (cdw) (Entered: 10/01/2008) | |
| 10/01/2008 | Minute Entry for proceedings held before Judge Rosemary M. Collyer: Motion Hearing held on 10/1/2008 re 7 Emergency Motion for Return of Seized Funds, and for Evidentiary Hearing, and to Dismiss. Defendant's Witnesses: Gerald Nehra and Chuck Osmin. (Court Reporters: Crystal Pilgrim (AM) & Catalina Kerr (PM)) (cdw) (Entered: 10/02/2008) | |
| 10/03/2008 | Leave to File Denied. Informational document submitted by interested party. (tg, ) "Leave to file denied." "Informational only" "Return to chambers" by Judge R. M. Collyer. (Entered: 10/07/2008) | |
| 10/09/2008 | 31 | Proposed Findings of Fact by UNITED STATES OF AMERICA. (Cowden, William) (Entered: 10/09/2008) |
| 10/09/2008 | 32 |
Proposed Findings of Fact by ADSURFDAILY, INC.. (Fayad, Michael) (Entered: 10/09/2008)
|
| 11/05/2008 | 33 | TRANSCRIPT OF PROCEEDINGS before
Judge Rosemary M. Collyer of proceedings held on September 30, 2008; Page
Numbers: 1-206. Date of Issuance:11/5/08. Court Reporter/Transcriber
Crystal M. Pilgrim, Telephone number 202.354.3127, Court Reporter Email
Address : crystal_pilgrim@dcd.uscourts.gov.
For the first 90 days after this filing date, the transcript may be
viewed at the courthouse at a public terminal or purchased from the court
reporter referenced above. After 90 days, the transcript may be accessed
via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII)
may be purchased from the court reporter.
NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov. Redaction Request due 11/26/2008. Redacted Transcript Deadline set for 12/8/2008. Release of Transcript Restriction set for 2/3/2009.(Pilgrim, Crystal) (Entered: 11/05/2008) |
| 11/05/2008 | 34 |
TRANSCRIPT OF PROCEEDINGS before Judge Rosemary M. Collyer of proceedings held on 10/1/08; Page Numbers: 112. Date of Issuance:11/5/08. Court Reporter/Transcriber Crystal M. Pilgrim, Telephone number 202.354.3127, Court Reporter Email Address : crystal_pilgrim@dcd.uscourts.gov. For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov. Redaction Request due 11/26/2008. Redacted Transcript Deadline set for 12/8/2008. Release of Transcript Restriction set for 2/3/2009.(Pilgrim, Crystal) (Entered: 11/05/2008) |
| Emergency Motion Denied Below | ||
| 11/19/2008 | 35 | MEMORANDUM OPINION. Signed by Judge Rosemary M. Collyer on 11/19/08. (lcrmc1) (Entered: 11/19/2008) |
| 11/19/2008 | 36 |
ORDER denying 7 Emergency Motion for Return of Seized Funds to Save Business and Jobs with Oversight and Monitoring; denying 8 Motion to Dismiss; and denying as premature 27 Petition to Determine Proportionality. See attached Order for further details. Signed by Judge Rosemary M. Collyer on 11/19/08. (lcrmc1) (Entered: 11/19/2008) Note:Press the numbers above 35, 36, 7 and 27 to see the documents. |
| 11/20/2008 | Leave to File Denied. Amicus Curiae Motion to Dismiss Case by ASD Member, Curtis Richmond. (tg, ) "Leave to file DENIED" by Judge R. M. Collyer. (Entered: 11/20/2008) | |
| 12/15/2008 | 37 | ANSWER TO COMPLAINT FOR FORFEITURE IN REM ANSWER to 1 Complaint, with Jury Demand by ADSURFDAILY, INC., THOMAS A. BOWDOIN, JR, BOWDOIN HARRIS ENTERPRISES, INC.. Related document: 1 Complaint, filed by UNITED STATES OF AMERICA.(Fayad, Michael) (Entered: 12/15/2008) |
| 12/18/2008 | 38 | ORDER for Initial Scheduling Conference. It is hereby ORDERED that the initial scheduling conference for this matter is set for January 30, 2009 at 12:00 p.m. See attached Order for further details. Signed by Judge Rosemary M. Collyer on 12/18/08. (lcrmc1) (Entered: 12/18/2008) |
| 12/15/2008 | combo file Dec 15 and Aug 5th | |
| 12/19/ 2008 |
Second Forfeiture Case Case #1:2008cv02205 Masonic temple in downtown Quincy, the Tallahassee home of Andy Bowdoin's stepson, a 2009 Lincoln MKS, a 2009 Acura TXS, a 2008 Honda CRV, a 20-foot Triton cabana boat and two personal watercraft. (SEE BELOW) |
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| 01/13/2009 | 39 | MOTION to Withdraw 6 Claim s Release of Claims to Seized Property and Consent to Forfeiture by ADSURFDAILY, INC., THOMAS A. BOWDOIN, JR, BOWDOIN HARRIS ENTERPRISES, INC. (Fayad, Michael) (Entered: 01/13/2009) |
| 01/14/2009 | 40 | Unopposed MOTION Cancel Initial Scheduling Hearing re 38 Order, by UNITED STATES OF AMERICA (Cowden, William) (Entered: 01/14/2009) |
| Tallahassee Today Jan 16th, 2009 | ||
| 01/22/2009 | 41 | ORDER granting 39 Motion for Leave to Withdraw Claims, Release of Claims to Seized Property and Consent to Forfeiture; and granting 40 Plaintiff's Motion to Vacate the Initial Scheduling Conference that was set for January 30, 2009; the Initial Scheduling Conference that was set for January 30, 2009 is vacated. See attached Order for further details. Signed by Judge Rosemary M. Collyer on 1/22/09. (lcrmc1) (Entered: 01/22/2009) |
| press number 42 to see the docket | MOTION to Intervene by PACIFIC MINISTRY OF GIVING, INT. (Attachments: # 1 Attachments)(tg, ) "Let this be filed" Signed by Judge R. M. Collyer on 1/29/2009 (Entered: 02/04/2009) | |
|
02/04/2009 Number 43 is the transcipt and will not be available for 90 days |
43 | TRANSCRIPT OF PROCEEDINGS before
Judge Rosemary M. Collyer of proceedings held on 10/01/08; Page Numbers:
1-93. Date of Issuance:2/4/09. Court Reporter/Transcriber Catalina Kerr,
Telephone number 202.354.3258, Court Reporter Email Address :
catykerr@msn.com.
For the first 90 days after this filing date, the transcript may be
viewed at the courthouse at a public terminal or purchased from the court
reporter referenced above. After 90 days, the transcript may be accessed
via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII)
may be purchased from the court reporter.
NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov. Redaction Request due 2/25/2009. Redacted Transcript Deadline set for 3/9/2009. Release of Transcript Restriction set for 5/5/2009.(Kerr, Catalina) (Entered: 02/04/2009) |
| 02/10/2009 | MOTION to Intervene by MIDWEST HEALING MINISTRIES, INC., TINGLEY CHIROPRACTIC CENTER (Attachments: #1 Attachments)(tg, ) "Let this be filed" Signed by Judge R. M. Collyer on 2/9/09. (Entered: 02/10/2009) | |
| 02/24/2009 |
MOTION to Intervene by RONALD BRECKENFELDER (Attachments: # 1 Attachments)(tg, ) "Let this be filed" Signed by Judge R. M. Collyer on 2/20/09. (Entered: 02/26/2009) |
|
| 02/24/2009 |
MOTION to Intervene by JOHN R. MOORE (Attachments: # 1 Attachments)(tg, )"Let this be filed" Signed by Judge R. M. Collyer on 2/24/09. (Entered: 02/26/2009) |
|
| 02/27/2009 | 47 | NOTICE of Rescission and Withdrawal of Release of Claims to Seized Property and Consent to Forfeiture by THOMAS A. BOWDOIN, JR re: 39 MOTION. (tg, ) (Entered: 03/04/2009) |
| 02/27/2009 | 48 | MOTION to Exclude and Supress Evidence Obtained in Forfeiture Action by THOMAS A. BOWDOIN, JR. (tg, ) (Entered: 03/04/2009) |
| 02/27/2009 | 49 | MOTION to Set Aside Forfeiture, and MOTION to Dismiss for Lack of Jurisdiction by THOMAS A. BOWDOIN, JR (tg, ) (Entered: 03/04/2009) |
| 03/09/2009 | 50 | MOTION to Dismiss Due to Lack of Advance Fair Notice by THOMAS A. BOWDOIN, JR (tg, ) (Entered: 03/10/2009) |
| 03/19/2009 | 51 | Memorandum in opposition to re 46MOTION to Intervene, 44 MOTION to Intervene, 43MOTION to Intervene, 45MOTION to Intervene filed by UNITED STATES OF AMERICA. (Cowden, William) (Entered: 03/19/2009) |
| 03/25/2009 | 52 | Memorandum in opposition to re 48 MOTION Pro Se, to Suppress Evidence/Statements filed by UNITED STATES OF AMERICA. (Cowden, William) (Entered: 03/25/2009) |
| 03/26/2009 | 53 | ORDER. It is hereby ORDERED that, no later than April 9, 2009, current counsel for Claimants, Mr. Fayad and Mr. Goodman, shall file with the Court a notice indicating whether they intend to continue their representation of the Claimants, including Thomas A. Bowdoin, Jr.; or whether they will seek to withdraw from the case. It is further ORDERED that if counsel seek to withdraw from the case, they shall file a motion to withdraw no later than April 9, 2009, and they shall indicate whether they have explained to Mr. Bowdoin that while he may represent himself in this matter, the corporations may not proceed pro se. See attached Order for further details. Signed by Judge Rosemary M. Collyer on 3/26/09. (lcrmc1) (Entered: 03/26/2009) |
| 04/02/2009 | MOTION to Withdraw Motion and Statement of Points and Authorities to Withdraw as Counsel by ADSURFDAILY, INC., THOMAS A. BOWDOIN, JR, BOWDOIN HARRIS ENTERPRISES, INC. (Attachments: # 1 Proposed Order)(Fayad, Michael) (Entered: 04/02/2009) | |
| 03/26/09 | 55 | Notice of Recission (please note the date is out of order for some reason with this document...Steve |
| 04/03/2009 | 56 | ORDER TO SHOW CAUSE. It is hereby ORDERED that the Government shall show cause, no later than April 24, 2009, why the Court should not grant Mr. Bowdoin's (1) 47"Notice of Rescission and Withdrawal of Release of Claims to Seized Property & Consent to Forfeiture"; (2) 39Motion to Set Aside Asset Forfeiture and Dismiss for Lack of Jurisdiction under Fed. R. Civ. P. 60(b)(4); and(3)50Motion to Dismiss for Lack of Advance Fair Notice. See attached Order for further details. Signed by Judge Rosemary M. Collyer on 4/3/09. (lcrmc1) (Entered: 04/03/2009) |
| 04/06/2009 | 57 | Memorandum in opposition to re 50MOTION to Dismiss filed by UNITED STATES OF AMERICA. (Cowden, William) (Entered: 04/06/2009) |
| 04/09/2009 | 58 | ENTERED IN ERROR.....NOTICE of Appearance by Charles A. Murray on behalf of THOMAS A. BOWDOIN, JR, BOWDOIN HARRIS ENTERPRISES, INC. (Murray, Charles) Modified on 4/9/2009 (td, ). (Entered: 04/09/2009) |
| 04/09/2009 | NOTICE OF CORRECTED DOCKET ENTRY: re 58 Notice of Appearance was entered in error and counsel will refile said document. (td, ) (Entered: 04/09/2009) | |
| 04/09/2009 | 59 | NOTICE of Appearance by Charles A. Murray on behalf of ADSURFDAILY, INC. (Murray, Charles) (Entered: 04/09/2009) |
| 04/09/2009 | 60 | NOTICE of Appearance by Charles A. Murray on behalf of THOMAS A. BOWDOIN, JR, BOWDOIN HARRIS ENTERPRISES, INC. (Murray, Charles) (Entered: 04/09/2009) |
| 04/20/2009 | 61 | MOTION to Set Aside Forfeiture and Civil Asset Forfeiture Reform Act of 2000 as Facts and Law will Prove and MOTION to Intervene as Allowed under 18 U.S.C. SEC 983(e) by MICHAEL HAWS, JOYCE HAWS (Attachments) (rdj) (Entered: 04/22/2009) |
| 04/24/2009 | 62 | Memorandum in opposition to re 49MOTION to Set Aside Forfeiture MOTION to Dismiss filed by UNITED STATES OF AMERICA. (Cowden, William) (Entered: 04/24/2009) |
| 04/22/2009 | 63 | MOTION to Set Aside Forfeiture and MOTION to Intervene by CURTIS RICHMOND (rdj) (Entered: 04/24/2009) |
| 04/24/2009 | 64 |
MEMORANDUM re 55Notice (Other) filed by THOMAS A. BOWDOIN, JR., 47Notice (Other) filed by THOMAS A. BOWDOIN, JR. by UNITED STATES OF AMERICA. (Cowden, William) (Entered: 04/24/2009) |
| 04/27/2009 | 65 | MOTION to Set Aside Forfeiture and MOTION to Intervene by CHAD SVENDSEN (rdj) (Entered: 04/29/2009) |
| 05/06/2009 | 66 | First MOTION to Withdraw 47Notice (Other) For Leave to Withdraw Notice of Rescission by THOMAS A. BOWDOIN, JR, BOWDOIN HARRIS ENTERPRISES, INC. (Murray, Charles) (Entered: 05/06/2009) |
| 05/07/2009 | 67 | First MOTION to Withdraw Notice of Recission by ADSURFDAILY, INC. (Murray, Charles) (Entered: 05/07/2009) |
| 05/11/2009 | PROOF OF SERVICE UPON IN REM DEFENDANT filed by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit Service on Real Property, #2 Exhibit Service on ASD Funds, #3 Exhibit Service on GP Funds, #4 Exhibit Service on GP Funds, #5 Exhibit Service on GP Funds)(Cowden, William) (Entered: 05/11/2009) | |
| 05/11/2009 | AFFIDAVIT FOR DEFAULT re Order on Motion to Dismiss, Order on Motion to Sever, Order on Motion to Transfer Case, Order on Motion for Release of Funds,,,,,,,, Partial Default - All Golden Panda Defendant Properties (Funds) by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit Publication Affidavit)(Cowden, William) (Entered: 05/11/2009) | |
| 05/15/2009 | 70 | Clerk's ENTRY OF DEFAULT as to ALL FUNDS INCLUDING APPROXIMATELY $53 MILLION, ON DEPOSIT AT BANK OF AMERICA ACCOUNTS OF (1) THOMAS A. BOWDOIN, JR.,(2) CLARENCE BUSBY, JR. & DAWN STOWERS,& (3) GOLDEN PANDA AD BUILDER (rdj) (Entered: 05/15/2009) |
| 06/01/2009 | First MOTION for Forfeiture of Property All Funds Seized From Golden Panda Ad Builder Accounts by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Cowden, William) (Entered: 06/01/2009) | |
| 07/16/2009 | 72 | MEMORANDUM OPINION. Signed by Judge Rosemary M. Collyer on 7/16/09. (lcrmc1) (Entered: 07/16/2009) |
| 07/16/2009 | 73 | ORDER denying 43, 44, 45, 46, 61, 63, 65Motions to Intervene. See accompanying Memorandum Opinion for further details. Signed by Judge Rosemary M. Collyer on 7/16/09. (lcrmc1) (Entered: 07/16/2009) |
| 07/21/2009 | 74 | MOTION to Set Aside Forfeiture & Civil Asset Forfeiture Reform Act of 2000 as Facts and Law will Prove by CHRISTIAN OESCH "Let this be filed" by Judge R.M. Collyer. (Attachments: # 1Exhibit)(rdj) (Entered: 07/22/2009) |
| 07/21/2009 | 75 | MOTION to Set Aside Forfeiture & Civil Asset Forfeiture Reform Act of 2000 as Facts and Law will Prove by JEFFREY ROBINSON "Let this be filed" by Judge R.M. Collyer. (Attachments: # 1Exhibit)(rdj) (Entered: 07/22/2009) |
| 07/21/2009 | 76 | MOTION to Set Aside Forfeiture & Civil Asset Forfeiture Reform Act of 2000 as Facts and Law will Prove by JOAN HUGHES "Let this be filed" by Judge R.M. Collyer. (Attachments: # 1Exhibit)(rdj) (Entered: 07/22/2009) |
| 07/21/2009 | 77 | MOTION and Demand for Final Ruling on Claimant's Filed Motion to Set Aside Forfeiture as Required Under 18 U.S.C. Sec. 983 by CURTIS RICHMOND"Let this be filed" by Judge R.M. Collyer. (Attachments: # 1Exhibit)(rdj) (Entered: 07/22/2009) |
| 07/21/2009 | 78 | MOTION to Disqualify Judge Rosemary Collyer for Cause of Extreme Bias per U.S. Supreme Court Cases & Other Legal Citations by CURTIS RICHMOND "Let this be filed" by Judge R.M. Collyer (Attachments: # 1 Exhibit)(rdj) (Entered: 07/22/2009) |
| 07/24/2009 | 79 | ORDER TO SHOW CAUSE. Thomas Bowdoin Jr., AdSurfDaily, and Bowdoin/Harris Enterprises, Inc. shall show cause no later than August 7, 2009 why the Court should not deny their pending motions and order this matter to proceed based on their release of claim. Signed by Judge Rosemary M. Collyer on 7/24/09. (KD) (Entered: 07/24/2009) |
| 07/24/2009 Document is hard to read |
80 | ORDERED that the (5) said defendant's properties totaling $14,048,598.07 in U.S. Currency, be and HEREBY ARE FORFEITED TO THE UNITED STATES OF AMERICA to be disposed of in accordance with law. Signed by Judge Rosemary M. Collyer on 7/24/09. (mpt, ) (Entered: 07/24/2009) |
| 08/04/2009 | 81 | Consent MOTION for Extension of Time to File Response/Reply by THOMAS A. BOWDOIN, JR, BOWDOIN HARRIS ENTERPRISES, INC. (Attachments: # 1 Text of Proposed Order)(Murray, Charles) (Entered: 08/04/2009) |
| 08/04/2009 | 82 | MEMORANDUM OPINION. Signed by Judge Rosemary M. Collyer on 8/4/09. (lcrmc1) (Entered: 08/04/2009) |
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The Latest ASD other Docket
| Date Filed | # | Docket Text / Case #1:2008cv02205 |
|---|---|---|
| 12/19/2008 |
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COMPLAINT against ONE 2008 HONDA CRV, VIN 5J6RE38738L003796, REGISTERED TO JUDY SHIVER HARRIS AND GEORGE FRANKLIN HARRIS III, MISCELLANEOUS COMPUTERS, COMPUTER MONITORS AND RELATED EQUIPMENT SEIZED FROM 11-13 S. CALHOUN STREET, QUINCY, FLORIDA ON OR ABOUT AUGUST 4, 2008, 2 NORTH ADAMS STREET, QUINCY, FLORIDA 32351, 205 CACTUS STREET, TALLAHASSEE, FLORIDA 32304, APPROXIMATELY $634,266.13 IN U.S. FUNDS PREVIOUSLY DEPOSITED AT THE BARTOW COUNTY BANK, ACCOUNT 059-602, IN THE NAME OF GOLDEN PANDA AD BUILDER, ONE 2009 LINCOLN MKS, VIN 1LNHM93R99G602546, IN THE NAME OF BOWDOIN HARRIS ENTERPRISES, INC., ONE 2008 TRITON 20 FOOT CABANA BOAT, VIN TJZP1458B808, VESSEL #FL5752NU, ONE 2008 MERCURY 90ELPT 4/S MOTOR, VIN 1B533883, AND ONE 2008 COMF TRAILER, VIN 5DKPB13168N019903, FL LICENSE 881LLS, TWO 2007 BOMBARDIER GTISE JET SKIS, VIN YDV03674A707 AND VIN YDV03669A707, AND ONE 2008 COMFAB TRAILER, VIN 5DKPB13168N019903, ONE 2009 ACURA TXS, VIN JH4CU26689C006437, REGISTERED TO HAYS MCDOUGAL AMOS filed by UNITED STATES OF AMERICA. (Attachments: # 1 Civil Cover Sheet)(tg, ) (Entered: 12/22/2008) |
| 12/19/2008 | 2 | NOTICE OF RELATED CASE by UNITED STATES OF AMERICA. Case related to Case No. 08-1345. (tg, ) (Entered: 12/22/2008) |
| 12/19/2008 | WARRANT (7) In Rem issued. (tg, ) (Entered: 12/22/2008) | |
| 12/23/2008 | 3 | ERRATA Exhibit No. 1 to Verified Complaint by UNITED STATES OF AMERICA 1Complaint,,,, filed by UNITED STATES OF AMERICA. (Attachments: # 1Exhibit No. 1, Verified Complaint in Civil Action 08-1345 (RMC))(Wiegand, Barry) (Entered: 12/23/2008) |
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