United States of America v. Funds Up to and Including the Amount of $200,767.56 in U.S. Currency on Deposit in Mercantil Commercebank, Account #7501545806, Titled in the Name of Fidel Sabas Borrero, and/or Proterty Tr et al
Funds Up to and Including the Amount of $10,930.08 in U.S. Currency on Deposit in Bank of America, Account #0376343053, Defendant
Funds Up to and Including the Amount of $11,686.61 in U.S. Currency on Deposit in JP Morgan Chase Bank, Account #000003411124930, Defendant
Funds Up to and Including the Amount of $112,967.18 in U.S. Currency on Deposit in Citibank, Account #3196763553, Defendant
Funds Up to and Including the Amount of $19,016.89 in U.S. Currency on Deposit in Bank of America, Account #229036238465, Defendant
Funds Up to and Including the Amount of $20,435.93 in U.S. Currency on Deposit in Mercantil Commercebank, Account #7500091006, Defendant
Funds Up to and Including the Amount of $200,767.56 in U.S. Currency on Deposit in Mercantil Commercebank, Account #7501545806, Defendant
Funds Up to and Including the Amount of $215,329.26 in U.S. Currency on Deposit in Citibank, Account #40031293547, Defendant
Funds Up to and Including the Amount of $242,301.79 in U.S. Currency on Deposit in Bank of America, Account #005495251731, Defendant
Funds Up to and Including the Amount of $251,655.74 in U.S. Currency on Deposit in Wells Fargo Bank (Formerly Known as Wachovia Bank), Account #1010283701694, Defendant
Funds Up to and Including the Amount of $444,838.84 in U.S. Currency on Deposit in Branch Banking & Trust, Account #1100001103375, Defendant
Funds Up to and Including the Amount of $453,414.26 in U.S. Currency on Deposit in Mercantil Commercebank, Account #8301168406, Defendant
Funds Up to and Including the Amount of $49,702.73 in U.S. Currency on Deposit in Bank of America, Account #003672189686,, Defendant
Funds Up to and Including the Amount of $55,008.68 in U.S. Currency on Deposit in Bank of the West, Account #717038939, Defendant
Funds Up to and Including the Amount of $86,371.48 in U.S. Currency on Deposit in JP Morgan Chase Bank, Account #000000791097496, Defendant
Funds Up to and Including the Amount of $912,126.29 in U.S. Currency Held in Citibank, Account #9117152367, Defendant
NOTICE by United States of America re 63 Order on Motion to Stay, Order on Sealed Motion, Order on Motion for Extension of Time to Complete Discovery, Order on Motion to Dismiss for Failure to State a Claim (Taylor, Karen) (Entered: 01/04/2013)
NOTICE by United States of America re 84 Order of Forfeiture, 87 Order of Forfeiture, 86 Order of Forfeiture, 85 Order of Forfeiture of Order Releasing Funds for Settlement (Attachments: # 1 Exhibit)(Taylor, Karen) (Entered: 01/02/2013)
REPLY to Response to Motion re 55 MOTION to Dismiss for Failure to State a Claim filed by Ligia Josefina Guedez, Chun Wai Lam Wong, Joseph Yecutieli. (Citronberg, Cary) (Entered: 01/02/2013)
CONSENT ORDER OF SETTLEMENT AND FORFEITURE re: Miguel Jose Mousadi Izghin and Hanan Rosa Haddad De Mousadi Signed by District Judge Leonie M. Brinkema on 12/07/12. (yguy) (Entered: 12/11/2012)
CONSENT ORDER OF SETTLEMENT AND FORFEITURE re: Edarmis De Naranjo. Signed by District Judge Leonie M. Brinkema on 12/07/12. (yguy) (Entered: 12/11/2012)
CONSENT ORDER OF SETTLEMENT AND FORFEITURE re: Fidel Sabas Borrero. Signed by District Judge Leonie M. Brinkema on 12/07/12. (yguy) (Entered: 12/11/2012)
ORDER: For the reasons stated in open court, it is hereby ORDERED that the government's Motion to Lift Stay to Allow for the Entry of Consent Orders of Settlement and Forfeiture Between the United States and Claimants Fidel Sabas Borrero, Edarmis de Naranjo, Miguel Jose Mousadi Izghin, Hanan Rosa Haddad de Mousadi, and Lucia Sutera [Dkt. No. 75] be and is GRANTED; and it is further ORDERED that Joint Claimants' Motion to Reconsider the Postponement of a Hearing on the Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 54(b), and Objection to the Magistrate Court's [sic] Order to Stay Discovery in This Case Pursuant to 28 U.S.C. § 636(b)(1)(A) and Federal Rule of CivilProcedure 72(a) [Dkt. Nos. 66, 68, & 69] be and is GRANTED IN PART AND DENIED IN PART, lifting the stay on this civil action for the limited purpose of considering the Joint Claimants' Motion to Dismiss Verified Complaint for Forfeiture Under Federal Rule of Civil Procedure 12(b)(6) and Supplemental Rulefor Admiralty or Maritime Claims and Asset Forfeiture Actions G(8)(B)(i) or Alternatively to Dismiss the Complaint Under the Fifth Amendment [Dkt. No. 55]. That motion is set for oral argument before this Court on January 9, 2013 at 10:00 AM. The government must file any response to the motion by December 21, 2012, and the claimants must file any reply brief by January 3, 2013.Signed by District Judge Leonie M. Brinkema on 12/7/12. (yguy) (Entered: 12/11/2012)
Minute Entry for proceedings held before District Judge Leonie M. Brinkema:Motion Hearing held on 12/7/2012. Appearance of counsel. Govt's 75 MOTION to Reopen Case Partially to Consider Settlement Agreements is argued and GRANTED. Defts' 66 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re 63 Order on Motion to Stay, Order on Sealed Motion, Order on Motion for Extension of Time to Complete Discovery, Order on Motion to Dismiss for Failure to State a Claim,,,,, Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re 63 Order on Motion to Stay, Order on Sealed Motion, Order on Motion for Extension of Time to Complete Discovery, Order on Motion to Dismiss for Failure to State a Claim, 69 MOTION for Reconsideration re 63 Order on Motion to Stay, Order on Sealed Motion, Order on Motion for Extension of Time to Complete Discovery, Order on Motion to Dismiss for Failure to State a Claim, MOTION for Reconsideration re 63 Order on Motion to Stay, Order on Sealed Motion, Order on Motion for Extension of Time to Complete Discovery, Order on Motion to Dismiss for Failure to State a Claim, & 68 Amended Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re 63 Order on Motion to Stay, Order on Sealed Motion, Order on Motion for Extension of Time to Complete Discovery, Order on Motion to Dismiss for Failure to State a Claim,,Amended Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re 63 Order on Motion to Stay, Order on Sealed Motion, Order on Motion for Extension of Time to Complete Discovery, Order on Motion to Dismiss for Failure to State a Claim is Granted in part and denied in part. #55 Motion to dismiss to be heard on 01/09/13 at 10:00am(Order to follow) (Court Reporter A. Thomson.)(yguy) (Entered: 12/10/2012)
REPLY to Response to Motion re 66 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re 63 Order on Motion to Stay, Order on Sealed Motion, Order on Motion for Extension of Time to Complete Discovery, Order on Motion to Dismiss for Failure to State a Claim,,,,, Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re 63 Order on Motion to Stay, Order on Sealed Motion, Order on Motion for Extension of Time to Complete Discovery, Order on Motion to Dismiss for Failure to State a Claim,,,,, filed by Ligia Josefina Guedez, Chun Wai Lam Wong, Joseph Yecutieli. (Citronberg, Cary) (Entered: 12/03/2012)
Opposition to 75 MOTION to Reopen Case Partially to Consider Settlement Agreements filed by Chun Wai Lam Wong, Joseph Yecutieli. (Citronberg, Cary) (Entered: 12/03/2012)
RESPONSE in Opposition re 69 MOTION for Reconsideration re 63 Order on Motion to Stay, Order on Sealed Motion, Order on Motion for Extension of Time to Complete Discovery, Order on Motion to Dismiss for Failure to State a Claim,,,,,,,, MOTION for Reconsideration re 63 Order on Motion to Stay, Order on Sealed Motion, Order on Motion for Extension of Time to Complete Discovery, Order on Motion to Dismiss for Failure to State a Claim,,,,,,,, filed by United States of America. (Attachments: # 1 Exhibit)(Taylor, Karen) (Entered: 11/30/2012)
Notice of Hearing Date set for December 14, 2012 re 75 MOTION to Reopen Case Partially to Consider Settlement Agreements (Taylor, Karen) (Entered: 11/27/2012)
MOTION to Reopen Case Partially to Consider Settlement Agreements by United States of America. (Attachments: # 1 Proposed Order)(Taylor, Karen) (Entered: 11/27/2012)
Notice of Hearing Date set for 12/7/2012 re 69 MOTION for Reconsideration re 63 Order on Motion to Stay, Order on Sealed Motion, Order on Motion for Extension of Time to Complete Discovery, Order on Motion to Dismiss for Failure to State a Claim,,,,,,,, MOTION for Reconsideration re 63 Order on Motion to Stay, Order on Sealed Motion, Order on Motion for Extension of Time to Complete Discovery, Order on Motion to Dismiss for Failure to State a Claim,,,,,,,, (Citronberg, Cary) (Entered: 11/20/2012)
ORDER granting 71 Motion for Extension of Time to File Response/Reply. Signed by District Judge Leonie M. Brinkema on 11/16/2012. (jlan) (Entered: 11/16/2012)
Notice of Hearing Date November 30, 2012 re 71 MOTION for Extension of Time to File Response/Reply as to 69 MOTION for Reconsideration re 63 Order on Motion to Stay, Order on Sealed Motion, Order on Motion for Extension of Time to Complete Discovery, Order on Motion to Dismiss for Failure to S MOTION for Extension of Time to File Response/Reply as to 69 MOTION for Reconsideration re 63 Order on Motion to Stay, Order on Sealed Motion, Order on Motion for Extension of Time to Complete Discovery, Order on Motion to Dismiss for Failure to S MOTION for Extension of Time to File Response/Reply as to 69 MOTION for Reconsideration re 63 Order on Motion to Stay, Order on Sealed Motion, Order on Motion for Extension of Time to Complete Discovery, Order on Motion to Dismiss for Failure to S (Taylor, Karen) (Entered: 11/16/2012)
MOTION for Extension of Time to File Response/Reply as to 69 MOTION for Reconsideration re 63 Order on Motion to Stay, Order on Sealed Motion, Order on Motion for Extension of Time to Complete Discovery, Order on Motion to Dismiss for Failure to State a Claim,,,,,,,, MOTION for Reconsideration re 63 Order on Motion to Stay, Order on Sealed Motion, Order on Motion for Extension of Time to Complete Discovery, Order on Motion to Dismiss for Failure to State a Claim,,,,,,,, by United States of America. (Attachments: # 1 Proposed Order)(Taylor, Karen) (Entered: 11/16/2012)
MOTION for Reconsideration re 63 Order on Motion to Stay, Order on Sealed Motion, Order on Motion for Extension of Time to Complete Discovery, Order on Motion to Dismiss for Failure to State a Claim,,,,,,,, by Ligia Josefina Guedez, Chun Wai Lam Wong, Joseph Yecutieli. (Citronberg, Cary) (Entered: 11/16/2012)
Amended Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re 63 Order on Motion to Stay, Order on Sealed Motion, Order on Motion for Extension of Time to Complete Discovery, Order on Motion to Dismiss for Failure to State a Claim,,,,,,,, by Ligia Josefina Guedez, Chun Wai Lam Wong, Joseph Yecutieli. (Citronberg, Cary) (Entered: 11/15/2012)
Notice of Hearing Date set for 12/7/2012 re 66 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re 63 Order on Motion to Stay, Order on Sealed Motion, Order on Motion for Extension of Time to Complete Discovery, Order on Motion to Dismiss for Failure to State a Claim,,,,, Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re 63 Order on Motion to Stay, Order on Sealed Motion, Order on Motion for Extension of Time to Complete Discovery, Order on Motion to Dismiss for Failure to State a Claim,,,,, (Citronberg, Cary) (Entered: 11/15/2012)
Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re 63 Order on Motion to Stay, Order on Sealed Motion, Order on Motion for Extension of Time to Complete Discovery, Order on Motion to Dismiss for Failure to State a Claim,,,,,,,, by Ligia Josefina Guedez, Chun Wai Lam Wong, Joseph Yecutieli. (Citronberg, Cary) (Entered: 11/15/2012)
TRANSCRIPT of motions hearing for the date of 11-6-2012 before Mag. Judge Buchanan. Court reporter Norman Linnell, telephone number 703-549-4626. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 12/17/2012. Redacted Transcript Deadline set for 1/15/2013. Release of Transcript Restriction set for 2/13/2013.(linnell, norman) (Entered: 11/15/2012)
Minute Entry for proceedings held before Magistrate Judge Theresa Carroll Buchanan:Motion Hearing held on 11/6/2012 re 50 MOTION for Extension of Time to Complete Discovery filed by United States of America, 45 MOTION to Stay Proceedings filed by United States of America, 47 SEALED MOTION filed by United States of America. Appearances of counsel for pltf and claimants. Motion to Seal is GRANTED. Motion to Stay is argued and GRANTED. Motion for Extension of Time to Complete Discovery is DENIED. Order issued. (Tape #FTR.)(tfitz, ) (Entered: 11/07/2012)
ORDERED that plaintiffs 47 Motion to Seal is GRANTED; it is further ORDERED that plaintiffs 50 Motion for Extension of Time is DENIED; it is further ORDERED that plaintiffs 45 Motion to Stay is GRANTED and the matter is hereby STAYED, until May 3, 2013. Furthermore, the parties must submit supplemental memoranda updating the Court on the status of the criminal proceeding twenty-one days before May 3, 2013. Plaintiff United States of America must submit updates to the Court every sixty days during the stay informing the Court of the status of the criminal proceeding. It is further ORDERED that the 55 Motion to Dismiss is removed from the docket. Signed by Magistrate Judge Theresa Carroll Buchanan on 11/06/2012. (jlan, ) (Entered: 11/06/2012)
ORDERED that the 57 Consent Motion to Continue is DENIED without prejudice. It is further ORDERED that all parties must appear at the hearing on November 6, 2012 and the parties may orally reargue the Consent Motion to Continue at that time. Signed by Magistrate Judge Theresa Carroll Buchanan on 11/01/2012. (jlan) (Entered: 11/02/2012)
Opposition to 50 MOTION for Extension of Time to Complete Discovery filed by Ligia Josefina Guedez, Chun Wai Lam Wong. (Citronberg, Cary) (Entered: 11/01/2012)
Opposition to 46 Memorandum in Support, 45 MOTION to Stay Proceedings filed by Ligia Josefina Guedez, Chun Wai Lam Wong, Joseph Yecutieli. (Citronberg, Cary) (Entered: 11/01/2012)
ORDER that Plaintiff's 47 Sealed Motion and Plaintiffs 50 Motion for Extension of Time to Complete Discovery are scheduled for hearing on Tuesday, November 6, 2012 at 9:30 a.m. Signed by Magistrate Judge Theresa Carroll Buchanan on 10/31/2012. (jlan) (Entered: 10/31/2012)
ORDERED that the Rule 16(b) Pretrial Conference scheduled for 10/31/2012 at 11:00AM is continued to 11/6/2012 at 9:30AM; that the USA's Motion to Stay is scheduled for 11/6/2012 at 9:30AM. Signed by Magistrate Judge Theresa Carroll Buchanan on 10/25/2012. (rban, ) (Entered: 10/25/2012)
Discovery Plan by Ligia Josefina Guedez, Miguel Jose Mousadi Izghin, Edarmis Elinor Serres de Naranjo, Lucia Sutera, United States of America, Chun Wai Lam Wong, Joseph Yecutieli, Hanan Rosa Haddad de Mousadi.(Taylor, Karen) (Entered: 10/24/2012)
CLAIM Ownership by Funds Up to and Including the Amount of $453,414.26 in U.S. Currency on Deposit in Mercantil Commercebank, Account #8301168406. (Rivera, Domingo) (Entered: 10/22/2012)
NOTICE of Appearance by Domingo Juan Rivera on behalf of Funds Up to and Including the Amount of $453,414.26 in U.S. Currency on Deposit in Mercantil Commercebank, Account #8301168406 (Rivera, Domingo) (Entered: 10/22/2012)
ORDERED that the claim of Inversiones Plus P.C. be and is DISMISSED re 28 Docket Annotation. Signed by District Judge Leonie M. Brinkema on 10/16/2012. (jlan) (Entered: 10/16/2012)
SCHEDULING ORDER: Initial Pretrial Conference set for 10/31/2012 at 11:00 AM in Alexandria Courtroom 500 before Magistrate Judge Theresa Carroll Buchanan. Final Pretrial Conference set for 1/17/2013 at 10:00 AM in Alexandria Courtroom 600 before District Judge Leonie M. Brinkema. Signed by District Judge Leonie M. Brinkema on 10/10/12. (Attachments: # 1 Magistrate Consent, # 2 Pretrial Notice).(See order for more information). (gwal, ) (Entered: 10/10/2012)
Yecutieli ANSWER to 1 Complaint,,,,,,,, by Funds Up to and Including the Amount of $200,767.56 in U.S. Currency on Deposit in Mercantil Commercebank, Account #7501545806.(Leibig, Christopher) (Entered: 09/21/2012)
ORDER granting 23 Motion to appear Pro Hac Vice by John J. Tripodi and Certification of Local Counsel David B. Smith. Signed by District Judge Leonie M. Brinkema on 09/17/2012. (jlan) (Entered: 09/17/2012)
ORDERED that the claimant must arrange for an attorney who meets the above-described requirements to enter an appearance on its behalf and properly file a claim within twenty-one (21) days. Failure to comply with this Order will result in the claim being dismissed in re 28 Contest the Forfeiture. Signed by District Judge Leonie M. Brinkema on 09/12/2012. (jlan) (Entered: 09/13/2012)
NOTICE by Miguel Jose Mousadi Izghin, Hanan Rosa Haddad de Mousadi of Filing of Verified Claims (Attachments: # 1 Verified Statement of Claims)(Worthington, Rebecca) (Entered: 09/13/2012)
CLAIM by Funds Up to and Including the Amount of $200,767.56 in U.S. Currency on Deposit in Mercantil Commercebank, Account #7501545806. (Leibig, Christopher) (Entered: 09/12/2012)
Motion to appear Pro Hac Vice by John J. Tripodi and Certification of Local Counsel David B. Smith Filing fee $ 75, receipt number 0422-3197253. by Ligia Josefina Guedez. (Attachments: # 1 Exhibit)(Smith, David) (Entered: 09/11/2012)
AFFIDAVIT in Support by Funds Up to and Including the Amount of $200,767.56 in U.S. Currency on Deposit in Mercantil Commercebank, Account #7501545806. (Leibig, Christopher) (Entered: 09/10/2012)
NOTICE by Funds Up to and Including the Amount of $200,767.56 in U.S. Currency on Deposit in Mercantil Commercebank, Account #7501545806 Notice of Filing Verified Claim (Leibig, Christopher) (Entered: 09/10/2012)
ORDER granting 17 Motion to appear Pro Hac Vice by Howard BROWNSTEIN and Certification of Local Counsel Christopher LEIBIG. Signed by District Judge Leonie M. Brinkema on 09/07/2012. (jlan) (Entered: 09/07/2012)
Motion to appear Pro Hac Vice by Howard BROWNSTEIN and Certification of Local Counsel Christopher LEIBIG Filing fee $ 75, receipt number 0422-3189093. by Funds Up to and Including the Amount of $200,767.56 in U.S. Currency on Deposit in Mercantil Commercebank, Account #7501545806. (Attachments: # 1 Attachments)(Leibig, Christopher) (Entered: 09/05/2012)
Motion to appear Pro Hac Vice by Tania Cruz and Certification of Local Counsel Rebecca Worthington Filing fee $ 75, receipt number 0422-3173842. by Miguel Jose Mousadi Izghin, Hanan Rosa Haddad de Mousadi. (Worthington, Rebecca) (Entered: 08/23/2012)
Motion to appear Pro Hac Vice by Rebekah J. Poston and Certification of Local Counsel Rebecca Worthington Filing fee $ 75, receipt number 0422-3173821. by Miguel Jose Mousadi Izghin, Hanan Rosa Haddad de Mousadi. (Worthington, Rebecca) (Entered: 08/23/2012)
NOTICE of Appearance by Rebecca Anne Worthington on behalf of Miguel Jose Mousadi Izghin, Hanan Rosa Haddad de Mousadi (Worthington, Rebecca) (Entered: 08/23/2012)
ORDER that the Verified Complaint for Forfeiture In Rem, the filed copies of the Warrants of Arrest In Rem, the Motion to Seal, and the proposed Order and this Order be sealed until further Order of the Court. Signed by District Judge Leonie M. Brinkema on 2/14/2012. Copy sent to counsel. (stas) (Entered: 02/15/2012)
VERIFIED COMPLAINT for Forfeiture in Rem against Funds Up to and Including the Amount of $10,930.08 in U.S. Currency on Deposit in Bank of America, Account #0376343053, Funds Up to and Including the Amount of $11,686.61 in U.S. Currency on Deposit in JP Morgan Chase Bank, Account #000003411124930, Funds Up to and Including the Amount of $112,967.18 in U.S. Currency on Deposit in Citibank, Account #3196763553, Funds Up to and Including the Amount of $19,016.89 in U.S. Currency on Deposit in Bank of America, Account #229036238465, Funds Up to and Including the Amount of $20,435.93 in U.S. Currency on Deposit in Mercantil Commercebank, Account #7500091006, Funds Up to and Including the Amount of $200,767.56 in U.S. Currency on Deposit in Mercantil Commercebank, Account #7501545806, Funds Up to and Including the Amount of $215,329.26 in U.S. Currency on Deposit in Citibank, Account #40031293547, Funds Up to and Including the Amount of $242,301.79 in U.S. Currency on Deposit in Bank of America, Account #005495251731, Funds Up to and Including the Amount of $251,655.74 in U.S. Currency on Deposit in Wells Fargo Bank (Formerly Known as Wachovia Bank), Account #1010283701694, Funds Up to and Including the Amount of $444,838.84 in U.S. Currency on Deposit in Branch Banking & Trust, Account #1100001103375, Funds Up to and Including the Amount of $453,414.26 in U.S. Currency on Deposit in Mercantil Commercebank, Account #8301168406, Funds Up to and Including the Amount of $49,702.73 in U.S. Currency on Deposit in Bank of America, Account #003672189686,, Funds Up to and Including the Amount of $55,008.68 in U.S. Currency on Deposit in Bank of the West, Account #717038939, Funds Up to and Including the Amount of $86,371.48 in U.S. Currency on Deposit in JP Morgan Chase Bank, Account #000000791097496, Funds Up to and Including the Amount of $912,126.29 in U.S. Currency Held in Citibank, Account #9117152367, filed by United States of America. (Attachments: # 1 Civil Cover Sheet)(stas) (Entered: 02/15/2012)