United States v. Real Property and Premises Known as 90-23 201st Street, Hollis, New York
Federal Civil Lawsuit New York Eastern District Court, Case No. 1:05-cv-05240

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Citation Section 21 U.S.C. § 881
Nature of Suit Drug Related Seizure of Property
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Legal Document (Payment Possibly Required) 91 Filed: 3/31/2011, Entered: None Unknown Document TypeCourt Filing
ORDER denying 83 Motion for Summary Judgment. The court holds that (i) Young's October 13, 2005 arrest violated the Fourth Amendment to the United States Constitution, (ii) under the exclusionary rule, all evidence that is the fruit of Young 039;s illegal arrest must be suppressed in this action, and (iii) considering only the admissible evidence, there is a genuine issue of material fact as to whether the government has met its burden to show that the defendant properties are subject to forfeiture. The cross-motions for summary judgment by the government and Young are denied. Ordered by Judge Allyne R. Ross on 3/31/11. (Robotti, Michael) (Entered: 04/04/2011)
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    Legal Document (Payment Possibly Required) 104
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      Legal Document (Payment Possibly Required) 49 Filed: 11/9/2009, Entered: None Court Filing
      Letter dated 11/5/2009 from Ronald Young to Judge Gold, in response to the United States' request for interlocutory sale. (Latka-Mucha, Wieslawa) (Entered: 11/25/2009)
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        Legal Document (Payment Possibly Required) 48 Filed: 11/23/2009, Entered: None
        Letter to pro se claimant Ronald Young regarding transcripts from telephone conferences held on October 15, 2009, and November 20, 2009. (Miller, Ilana) (Entered: 11/23/2009)
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          Legal Document (Payment Possibly Required) 47 Filed: 11/23/2009, Entered: None Court Filing
          TRANSCRIPT of Proceedings held on 11/20/09, before Judge Gold. Court Transcriber ARIA TRANSCRIPTIONS, Telephone number 215-767-7700. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/11/2009. Redacted Transcript Deadline set for 12/21/2009. Release of Transcript Restriction set for 2/18/2010. (Hong, Loan) (Entered: 11/23/2009)
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            Legal Document (Payment Possibly Required) 46 Filed: 11/23/2009, Entered: None Court Filing
            TRANSCRIPT of Proceedings held on 10/15/09, before Judge Gold. Court Transcriber ARIA TRANSCRIPTIONS, Telephone number 215-767-7700. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/11/2009. Redacted Transcript Deadline set for 12/21/2009. Release of Transcript Restriction set for 2/18/2010. (Hong, Loan) (Entered: 11/23/2009)
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              Legal Document (Payment Possibly Required) 45 Filed: 11/2/2009, Entered: None
              ANSWER to United States' Pre-Deposition Questions To Claimant; filed by Ronald Young, dated 10/28/2009. (Latka-Mucha, Wieslawa) (Entered: 11/04/2009)
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                Legal Document (Payment Possibly Required) 44 Filed: 10/5/2009, Entered: None
                Letter MOTION for Extension of Time to Reply to the Government's requests, etc.; filed by Ronald Young, dated 9/30/2009. (Latka-Mucha, Wieslawa) (Entered: 10/08/2009)
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                  Legal Document (Payment Possibly Required) 43 Filed: 9/25/2009, Entered: None
                  MOTION to Adjourn Conference currently scheduled for Oct. 9, 2009 by United States of America. (Kedeshian, Claire) (Entered: 09/25/2009)
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                    Legal Document (Payment Possibly Required) 42 Filed: 8/26/2009, Entered: None Court Filing
                    Letter dated 8/21/2009 from Ronald Young to Magistrate Judge Steven M. Gold, re: request for an appointment of counsel, etc. (Latka-Mucha, Wieslawa) (Entered: 09/02/2009)
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                      Legal Document (Payment Possibly Required) 41 Filed: 8/12/2009, Entered: None Court Filing
                      TRANSCRIPT of Proceedings held on June 30, 2009, before Judge Gold. Court Transcriber: Fiore Reporting & Transcription Service, Inc., Telephone number 203-929-9992. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/31/2009. Redacted Transcript Deadline set for 9/9/2009. Release of Transcript Restriction set for 11/9/2009. (Rocco, Christine) (Entered: 08/12/2009)
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                        Legal Document (Payment Possibly Required) 40 Filed: 7/13/2009, Entered: None
                        Letter to Pro Se Claimant, pursuant to Chief MJ Gold's rulings at 6/30/09 status conference, with Proof of Certified Mail Return Receipt by United States of America (Kedeshian, Claire) (Entered: 07/13/2009)
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                          Legal Document (Payment Possibly Required) 39 Filed: 6/17/2009, Entered: None
                          MOTION to Appoint Counsel (w/ Request to Proceed IFP In Support of the Application for the Court to request Counsel attached) filed by Ronald Young. (Galeano, Sonia) (Entered: 06/19/2009)
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                            Legal Document (Payment Possibly Required) 38 Filed: 6/4/2009, Entered: None Court Filing
                            ORDER granting 35 Motion to Withdraw as Attorney. Attorney Bernard Alan Seidler terminated. ORDER denying 37 Letter Motion to Reconsider Denial of Request to Appoint Counsel. To the extent claimant is relying on 18 U.S.C. § 983(b) for appointment of counsel, his request is denied for the reasons stated in my Order dated May 14, 2009. Claimant's motion is denied without prejudice to his making a motion for appointment of pro bono counsel pursuant to 28 U.S.C. § 1915(e)(1). A copy of this Order and the application forms will be mailed to claimant at the address provided in his letter. So Ordered by Chief Magistrate Judge Steven M. Gold on 6/4/2009. (Miller, Ilana) (Entered: 06/04/2009)
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                              Legal Document (Payment Possibly Required) 37 Filed: 5/28/2009, Entered: None
                              REPLY to the Government's letter dated 5/14/2009, etc.; filed by pro se Ronald Young, dated 5/26/2009. W/Attachments. (Entered: 06/02/2009)
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                                Legal Document (Payment Possibly Required) 36 Filed: 5/22/2009, Entered: None Court Filing
                                TRANSCRIPT of Proceedings held on April 30, 2009, before Judge Gold. Court Transcriber Fiore Transcription Service Inc., Telephone number 203-929-9992. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/12/2009. Redacted Transcript Deadline set for 6/22/2009. Release of Transcript Restriction set for 8/20/2009. (Rocco, Christine) (Entered: 05/22/2009)
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                                  Legal Document (Payment Possibly Required) 35 Filed: 5/15/2009, Entered: None
                                  First MOTION to Withdraw as Attorney by Ronald Young. (Seidler, Bernard) (Entered: 05/15/2009)
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                                    Legal Document (Payment Possibly Required) 34 Filed: 5/14/2009, Entered: None
                                    ORDER denying 32 Motion for Reconsideration of claimant Young's request for appointment of counsel in a civil forfeiture action. Claimant's request is denied because he is currently represented by retained counsel. Moreover, for the reasons stated in my order, even if claimant were not represented by counsel, he still does not meet the requirements of 18 U.S.C. § 983(b), which governs appointment of counsel in civil forfeiture actions. Claimant's motion is denied without prejudice to his making a motion for appointment of pro bono counsel in the event that his attorney, Bernard Alan Seidler, is discharged or relieved. So Ordered by Chief Magistrate Steven M. Gold on 5/14/2009. (Miller, Ilana) (Entered: 05/14/2009)
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                                      Legal Document (Payment Possibly Required) 33 Filed: 5/14/2009, Entered: None
                                      RESPONSE in Opposition re 32 Letter MOTION for Reconsideration re: the Court's Order denying Claimant Young's Request for Appointment of Counsel; filed United States' Letter dated May 14, 2009 filed by United States of America. (Kedeshian, Claire) (Entered: 05/14/2009)
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                                        Legal Document (Payment Possibly Required) 32 Filed: 5/11/2009, Entered: None
                                        Letter MOTION for Reconsideration re: the Court's 4/30/2009 Order denying Claimant Young's Request for Appointment of Counsel; filed by Ronald Young. W/Attachments. (Latka-Mucha, Wieslawa) (Entered: 05/13/2009)
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                                          Legal Document (Payment Possibly Required) 31 Filed: 4/8/2009, Entered: None
                                          RESPONSE in Opposition re 30 MOTION to Appoint Counsel by United States and Request to Adjourn 4/20/09 Telephone Status Conference filed by United States of America. (Kedeshian, Claire) (Entered: 04/08/2009)
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                                            Legal Document (Payment Possibly Required) 30 Filed: 4/1/2009, Entered: None
                                            MOTION to Appoint Counsel / "Motion For Appointment Of Substitute Counsel" filed by Ronald Young, dated 3/29/2009. (Latka-Mucha, Wieslawa) (Entered: 04/03/2009)
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                                              Legal Document (Payment Possibly Required) 29 Filed: 3/27/2009, Entered: None
                                              MOTION for Order of Sale of Defendants in rem Real Property and the Three Vehicles by United States of America. (Attachments: # 1 Affidavit in Support Declaration of ICE Special Agent Vincent Lee and Exhibits A through D attached thereto, # 2 Memorandum in Support Memorandum of Law in Support of Gvt's Motion for Interlocutory Sale, # 3 Proposed Order Proposed Order of Interlocutory Sale) (Kedeshian, Claire) (Entered: 03/27/2009)
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                                                Legal Document (Payment Possibly Required) 28 Filed: 3/5/2009, Entered: None
                                                ANSWER to Interrogatories by Ronald Young. (Seidler, Bernard) (Entered: 03/05/2009)
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                                                  Legal Document (Payment Possibly Required) 27 Filed: 1/21/2009, Entered: None
                                                  Letter re: claimant/defendant's current place of incarceration by United States of America (Kedeshian, Claire) (Entered: 01/21/2009)
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                                                    Legal Document (Payment Possibly Required) 26 Filed: 1/5/2009, Entered: None
                                                    Letter by Ronald Young (Seidler, Bernard) (Entered: 01/05/2009)
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                                                      Legal Document (Payment Possibly Required) 25 Filed: 6/12/2008, Entered: None
                                                      MOTION to Continue by Ronald Young. (Seidler, Bernard) (Entered: 06/12/2008)
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                                                        Legal Document (Payment Possibly Required) 24 Filed: 4/10/2008, Entered: None
                                                        MOTION to Continue by Real Property and Premises Known as 90-23 201st Street, Hollis, New York. (Seidler, Bernard) (Entered: 04/10/2008)
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                                                          Legal Document (Payment Possibly Required) 23 Filed: 1/7/2008, Entered: None
                                                          First MOTION to Continue status conference, MOTION in Limine by Real Property and Premises Known as 90-23 201st Street, Hollis, New York. (Seidler, Bernard) (Entered: 01/07/2008)
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                                                            Legal Document (Payment Possibly Required) 22 Filed: 5/15/2007, Entered: None Court Filing
                                                            SCHEDULING ORDER Attached: The above-referenced case has been referred to the undersigned to hold a pre-trial conference. Accordingly, an in-person conference will be held at 11:00 a.m. on May 31st before Chief Magistrate Judge Gold in Courtroom 13-D South. Counsel for all parties must personally appear. Counsel for the plaintiff is directed to immediately confirm with all counsel that they are aware of this conference date and time. (Vasquez, Lea) (Entered: 05/15/2007)
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                                                              Legal Document (Payment Possibly Required) 21 Filed: 5/14/2007, Entered: None
                                                              STATUS REPORT Update by United States of America (Kedeshian, Claire) (Entered: 05/14/2007)
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                                                                Legal Document (Payment Possibly Required) 20 Filed: 12/8/2006, Entered: None
                                                                STATUS REPORT Joint Letter by USA and Defendant/Claimant by United States of America. (Kedeshian, Claire) (Entered: 12/08/2006)
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                                                                  Legal Document (Payment Possibly Required) 19 Filed: 12/4/2006, Entered: None
                                                                  SERVICE by Publication filed by United States of America. Last publication date January 27, 2006. (Kedeshian, Claire) (Entered: 12/04/2006)
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                                                                    Legal Document (Payment Possibly Required) 18 Filed: 12/4/2006, Entered: None
                                                                    CERTIFICATE OF SERVICE by United States of America of Posting Notice of Complaint and Warrant on Real Property and Premises (Kedeshian, Claire) (Entered: 12/04/2006)
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                                                                      Legal Document (Payment Possibly Required) 17 Filed: 12/4/2006, Entered: None
                                                                      CERTIFICATE OF SERVICE by United States of America of Notice of Pendency with Queens County Clerk of Court (Kedeshian, Claire) (Entered: 12/04/2006)
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                                                                        Legal Document (Payment Possibly Required) 16 Filed: 3/24/2006, Entered: None Court Filing
                                                                        STIPULATION AND ORDER for Stay of Discovery. Ordered by Judge Edward R. Korman on 3/22/06. (Greene, Donna) (Entered: 03/24/2006)
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                                                                          Legal Document (Payment Possibly Required) 15 Filed: 3/20/2006, Entered: None
                                                                          STIPULATION For a Stay of Discovery by United States of America. (Kedeshian, Claire) (Entered: 03/20/2006)
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                                                                            Legal Document (Payment Possibly Required) 14 Filed: 3/6/2006, Entered: None
                                                                            First MOTION to Adjourn Conference by Ronald Young. (Seidler, Bernard) (Entered: 03/06/2006)
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                                                                              Legal Document (Payment Possibly Required) 13 Filed: 1/26/2006, Entered: None
                                                                              verified ANSWER to Complaint by Ronald Young.(Seidler, Bernard) (Entered: 01/26/2006)
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                                                                                Legal Document (Payment Possibly Required) 12 Filed: 1/17/2006, Entered: None Court Filing
                                                                                ORDER, claimant/dft's application for an extension of time until 1/31/06 to file an answer is granted. (Ordered by Judge Edward R. Korman on 1/9/05) (Piper, Francine) (Entered: 01/17/2006)
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                                                                                  Legal Document (Payment Possibly Required) 11 Filed: 1/10/2006, Entered: None
                                                                                  SUMMONS Returned Executed by United States of America. (Kedeshian, Claire) (Entered: 01/10/2006)
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                                                                                    Legal Document (Payment Possibly Required) 10 Filed: 1/10/2006, Entered: None
                                                                                    SUMMONS Returned Executed by United States of America. Ronald Young served on 1/5/2006, answer due 1/25/2006. (Kedeshian, Claire) (Entered: 01/10/2006)
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                                                                                      Legal Document (Payment Possibly Required) 9 Filed: 1/9/2006, Entered: None Court Filing
                                                                                      SCHEDULING ORDER: Initial Conference set for 3/8/2006 11:00 AM before Magistrate-Judge Steven M. Gold. So Ordered by Judge Steven M. Gold on 1/09/2006. (Vasquez, Lea) (Entered: 01/09/2006)
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                                                                                        Legal Document (Payment Possibly Required) 8 Filed: 1/3/2006, Entered: None
                                                                                        Consent MOTION for Extension of Time to File Answer and answer interrogatories by all parties. (Seidler, Bernard) (Entered: 01/03/2006)
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                                                                                          Legal Document (Payment Possibly Required) 7 Filed: 12/16/2005, Entered: None
                                                                                          CLAIM of Interest in Subject Property by Ronald Young. (Chee, Alvin) (Entered: 12/27/2005)
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                                                                                            Legal Document (Payment Possibly Required) 6 Filed: 11/30/2005, Entered: None
                                                                                            AFFIDAVIT of Service for Warrant, Verified Complaint, Amended Verified Complaint, Notice of Complaint, Plaintiff, United States of American's First Set of Interrogatories to Potential Claimants, Notice of Complaint For Forfeiture Under 18 U.S.C. Section 985, Legal Notice & Notice of Pendency served on Bernard Alan Seidler, Esq. on November 29, 2005, filed by United States of America. (Kedeshian, Claire) (Entered: 11/30/2005)
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                                                                                              Legal Document (Payment Possibly Required) 5 Filed: 11/30/2005, Entered: None
                                                                                              Letter from Mildred M. Whalen to Claire Kedeshian Regarding return of documents received concerning forfeiture of property because no longer representing Mr. Young in the associated criminal matter.. (Whalen, Mildred) (Entered: 11/30/2005)
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                                                                                                Legal Document (Payment Possibly Required) 4 Filed: 11/29/2005, Entered: None
                                                                                                NOTICE by United States of America of Complaint For Forfeiture Under 18 U.S.C. Section 985 (Kedeshian, Claire) (Entered: 11/29/2005)
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                                                                                                  Legal Document (Payment Possibly Required) 3 Filed: 11/28/2005, Entered: None Court Filing
                                                                                                  WARRANT OF ARREST FOR ARTICLES IN REM. Ordered by Judge Steven M. Gold on 11/17/05. (Chee, Alvin) (Entered: 11/28/2005)
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                                                                                                    Legal Document (Payment Possibly Required) 2 Filed: 11/16/2005, Entered: None
                                                                                                    AMENDED COMPLAINT Amended Verified Complaint In Rem against all defendants, filed by all plaintiffs.(Kedeshian, Claire) (Entered: 11/16/2005)
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                                                                                                      Legal Document (Payment Possibly Required) 1 Filed: 11/8/2005, Entered: None
                                                                                                      COMPLAINT (no summons issued) against Approximately Nine Thousand, Seven Hundred ($9,700.00) Dollars In United States Currency, Real Property and Premises Known as 90-23 201st Street, Hollis, New York, One 1999 Green Toyota Land Cruiser VIN # JT3HT05J1X0059990, One 1995 Grey Avalon VIN # 4T1GB11E4S0009963, One 1998 Grey Mercedes Convertible VIN # WBDKK47F7WF012199, One Men's Gold Bracelet, Four Men's Gold Rings, filed by United States of America. (Attachments: # 1 Civil Cover Sheet)(Villanueva, William) (Entered: 11/10/2005)
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