https://cases.justia.com/federal/district-courts/district-of-columbia/dcdce/1:2008cv01345/132509/174/0.pdf[*quote*]
UNITED STATES OF AMERICA v. 8 GILCREASE LANE, QUINCY, FLORIDA 32351 et al
Doc. 174
APPEAL, CLOSED, TYPE−E
U.S. District Court
District of Columbia (Washington, DC)
CIVIL DOCKET FOR CASE #: 1:08−cv−01345−RMC
Internal Use Only
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
Date Terminated: 01/11/2010
Jury Demand: Defendant
Nature of Suit: 690 Forfeit/Penalty: Other
Jurisdiction: U.S. Government Plaintiff
Plaintiff
UNITED STATES OF AMERICA
represented by William Rakestraw Cowden
MALLON &MCCOOL, LLC
1776 K Street NW
Suite 200
Washington, DC 20006
(202) 393−7088
Email: wcowden@mallonandmccool.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Barry Wiegand
U.S. ATTORNEY'S OFFICE
555 Fourth Street, NW
Room 4818
Washington, DC 20530
(202) 307−0299
Email: william.b.wiegand@usdoj.gov
ATTORNEY TO BE NOTICED
Vasu B. Muthyala
U.S. ATTORNEY'S OFFICE
555 Fourth Street, NW
Room 5239
Washington, DC 20530
(202) 514−7541
Email: vasu.muthyala@usdoj.gov
ATTORNEY TO BE NOTICED
V.
Defendant
8 GILCREASE LANE, QUINCY,
FLORIDA 32351
Defendant
1
Dockets.Justia.com
ONE CONDO LOCATED ON NORTH
OCEAN BOULEVARD IN MYRTLE
BEACH, SOUTH CAROLINA
Defendant
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
Thomas A. Bowdoin, Jr., Sole Proprietor,
dba Adsurfdaily; Clarence Busy, Jr. and
Dawn Stowers dba Golden Panda Ad
Builder
Claimant
ADSURFDAILY, INC.
represented by Charles A. Murray
LAW OFFICES OF CHARLES A.
MURRAY, P.A.
7955 Airport Road North
Suite 101
Naples, FL 34109
(239) 649−7773
Fax: (239) 262−3517
Email: charles@camurraylaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Michael Louis Fayad
1033 Union Church Road
McLean, VA 22102
(703) 759−2984
Email: michael.fayad@gmail.com
TERMINATED: 04/15/2009
LEAD ATTORNEY
Jonathan Goodman
AKERMAN SENTERFITT
One S.E. Third Avenue
25th Floor
Miami, FL 33131
(305) 374−5600
Email: jonathan.goodman@akerman.com
TERMINATED: 04/15/2009
PRO HAC VICE
Claimant
THOMAS A. BOWDOIN, JR.
represented by Charles A. Murray
(See above for address)
2LEAD ATTORNEY
Michael Louis Fayad
(See above for address)
TERMINATED: 04/15/2009
LEAD ATTORNEY
Jonathan Goodman
(See above for address)
TERMINATED: 04/15/2009
PRO HAC VICE
Michael R. N. McDonnell
MCDONNELL TRIAL LAW
5150 Tamiami Trail North
Suite 501
Naples, FL 34103
(239) 434−7711
Fax: (877) 613−7485
PRO HAC VICE
ATTORNEY TO BE NOTICED
Claimant
BOWDOIN HARRIS ENTERPRISES,
INC.
represented by Charles A. Murray
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Michael Louis Fayad
(See above for address)
TERMINATED: 04/15/2009
LEAD ATTORNEY
Jonathan Goodman
(See above for address)
TERMINATED: 04/15/2009
PRO HAC VICE
Claimant
GOLDEN PANDA AD BUILDER
represented by Jonathan W. Emord
EMORD &ASSOCIATES P.C.
11808 Wolf Run Lane
Clifton, VA 20124
(202) 466−6937
Fax: (202) 466−6938
Email: jemord@emord.com
LEAD ATTORNEY
D. Jack Smith
LAW OFFICES OF D. JACK SMITH
4620 Shady Grove Road
3Memphis, TN 39117
(901) 685−1586
Fax: (901) 763−2976
PRO HAC VICE
ATTORNEY TO BE NOTICED
Claimant
CLARENCE BUSBY, JR.
represented by Jonathan W. Emord
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
D. Jack Smith
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
Claimant
MICHAEL HAWS
represented by MICHAEL HAWS
809 NE Vail Court
Ankeny, IA 50021
(515) 964−1811
PRO SE
Claimant
JOYCE HAWS
represented by JOYCE HAWS
809 NE Vail Court
Ankeny, IA 50021
(515) 964−1811
PRO SE
Claimant
CHAD SVENDSEN
represented by CHAD SVENDSEN
22710 Pinto Lane
Lakeville, MN 55044
(952) 224−6244
PRO SE
Claimant
CHRISTIAN OESCH
represented by CHRISTIAN OESCH
% 1042 East Fort Center
No. 370
Midvale, UT 84047
(208) 474−8386
PRO SEClaimant
JEFFREY ROBINSON
represented by JEFFREY ROBINSON
6413 Furman Boulevard
4Fort Myers, FL 33919
(239) 985−1026
PRO SE
Claimant
JOAN HUGHES
represented by JOAN HUGHES
5 Woodbridge Crescent
Ottawa, ON K2M 2N6
Canada
(613) 435−4000
PRO SE
Claimant
JACQUELINE POGGIOREALE
represented by JACQUELINE POGGIOREALE
417 SE Verada Avenue
Port St. Lucie, FL 34983
(772) 878 − 6356
PRO SE
Claimant
JOSEPH POGGIOREALE
represented by JOSEPH POGGIOREALE
417 SE Verada Avenue
Port St. Lucie, FL 34983
(772) 878 − 6356
PRO SE
Claimant
LISA KOEHLER
represented by LISA KOEHLER
1297 Brenda Circle
Washoe Valley, NV 89704
(775) 849 − 7713
PRO SE
Claimant
CAROL L. ROSE
represented by CAROL L. ROSE
11093
North Falkirk Street
Hayden, ID 83835
(208) 546 − 5020
PRO SE
Claimant
BRUCE DISNER
represented by BRUCE DISNER
9395 SW 77 Avenue
Apartment 4039
Miami, FL 33156
(786) 879−1244
PRO SE
5Claimant
PABLO G. CAMUS
represented by PABLO G. CAMUS
15000 SW 20th Street
Davie, FL 33326
(954) 655−6919
PRO SE
Claimant
TODD C. DISNER
represented by TODD C. DISNER
701 Brickell Key Boulevard
No. 304
Miami, FL 33131
(786) 942−1687
PRO SE
Claimant
GEORGETTE STILLE
represented by GEORGETTE STILLE
8810 SW 106 Street
Miami, FL 33136
(305) 788−5432
PRO SE
Claimant
ALFREDO PEREZ−CAPPELLI
represented by ALFREDO PEREZ−CAPPELLI
1800 North Bayshore Drive
Apartment 711
Miami, FL 33132
(786) 290−6850
PRO SE
Claimant
GALLAGHER AND SONS INC
c/o Jennifer Gallagher, President
represented by GALLAGHER AND SONS INC
P.O. Box 1030
Live Oak, FL 32064
(386) 362−3869
PRO SE
Claimant
G. STAN KETCHUM
represented by G. STAN KETCHUM
327 W. Broad Street
Chesaning, MI 48616
(931) 801−8054
PRO SE
Claimant
LUCIA M. RUGGERONI
represented by LUCIA M. RUGGERONI
12955 SW 103 Court
Miami, FL 33176
(305) 303 − 3234
6PRO SE
Claimant
BARBARA J. BOWLES
represented by BARBARA J. BOWLES
3751 Saint Charles Circle
Sarasota, FL 34233
(941) 926−2398
PRO SE
Claimant
ROBERT BOWLES
represented by ROBERT BOWLES
3751 Saint Charles Circle
Sarasota, FL 34233
(941) 926−2398
PRO SE
Claimant
DAWN STARLING
represented by DAWN STARLING
9721 SW 120 Street
Miami, FL 33176
(305) 238−2153
PRO SE
Claimant
EVA CATER
represented by EVA CATER
7500 SW 75 Street
Miami, FL 33143
(305) 661−2504
PRO SE
Claimant
SARA LEHMAN
represented by SARA LEHMAN
5200 North Kendall Drive
Miami, FL 33156
(305) 667−1425
PRO SE
Claimant
CHRISTOPHER BLAKE SCOTT
represented by CHRISTOPHER BLAKE SCOTT
524 High Street
Wallace, ID 83873
(208) 512−2342
PRO SE
Claimant
HAROLD L. SHAFFER
represented by HAROLD L. SHAFFER
362 Toledo Street
Sebastian, FL 32958
(772) 388−4601
7PRO SE
Claimant
DANIEL N. REAMS
represented by DANIEL N. REAMS
4751 North Black Canyon Highway
Apartment 2131
Phoenix, AZ 85015
(480) 246−4495
PRO SE
Claimant
JAMES RICHARDS
represented by JAMES RICHARDS
5161 Hi−Tower Lake Road
Hesperia, MI 49421
(231) 854−1017
PRO SE
Claimant
JOHN DEMINICO
represented by JOHN DEMINICO
1035 Pecan Drive
Lansdale, PA 19446
(609) 672−8898
PRO SE
Claimant
THOMAS M. SHEARER, Jr.
represented by THOMAS M. SHEARER, Jr.
13615 South Dixie Highway
#114−537
Miami, FL 33176
(561) 459−1172
PRO SE
Claimant
EARL R. DEHART, Jr.
represented by EARL R. DEHART, Jr.
123 Crystal Cove Drive
Palatka, FL 32177
(386) 328−8529
PRO SE
Claimant
PETER MCFRAY
represented by PETER MCFRAY
6110 Ramblewood Court
Flint, MI 48532
PRO SE
Claimant
STEPHEN OBRIEN
represented by STEPHEN OBRIEN
137 SE 4Oth Street
Cape Cpral, FL 33904
8(239) 541−2991
PRO SE
Claimant
JULIE ANN LARSON
represented by JULIE ANN LARSON
P.O. Box 17781
Sarasota, FL 34276
(941) 356−0619
PRO SE
Claimant
CHRISTINE KEYWORTH
represented by CHRISTINE KEYWORTH
24123 Peachland Boulevard
#C4−105
Port Charlotte, FL 33954
(941)400−0839
PRO SE
Claimant
JOSEPH L. DUNN, Jr.
represented by JOSEPH L. DUNN, Jr.
1720 Maple Street
Nokomis, FL 34275
(941) 488−2565
PRO SE
Claimant
CAESAR NUNEZ
represented by CAESAR NUNEZ
3730 S.W. 58th Avenue
Miami, FL 33155
(305) 215−2904
PRO SE
Claimant
LAURIE ANN SOLLIDAY
represented by LAURIE ANN SOLLIDAY
5963 Giardino Lane
Sarasota, FL 34232
(941) 554−8067
PRO SE
Claimant
TUCKER NORTON
represented by TUCKER NORTON
632 Treasure Boat Way
Sarasota, FL 34242
(941) 587−9012
PRO SE
Claimant
TOBIAS NORTON
represented by TOBIAS NORTON
632 Treasure Boat Way
9Sarasota, FL 34242
(941) 539−1939
PRO SE
Claimant
STEVEN F. NORTON
represented by STEVEN F. NORTON
632 Treasure Boat Way
Sarasota, FL 34242
(941) 544−3796
PRO SE
Claimant
SANDRA NORTON
represented by SANDRA NORTON
632 Treasure Boat Way
Sarasota, FL 34242
(941) 539−1939
PRO SE
Claimant
RICHARD H. FRARY
represented by RICHARD H. FRARY
3649 Aster Drive
Sarasota, FL 34233
(941) 822−0893
PRO SE
Claimant
LINDA FRARY
represented by LINDA FRARY
3649 Aster Drive
Sarasota, FL 34233
(941) 400−0485
PRO SE
Claimant
JUDITH ARNOLD
represented by JUDITH ARNOLD
3933 Bell Avenue
Sarasota, FL 34231
(941) 925−7797
PRO SE
Claimant
RICHARD MOLL
represented by RICHARD MOLL
8655 Lakefront Court
Punta Gorda, FL 33950
(941) 505−2608
PRO SE
Claimant
JAMES WESSELS
represented by JAMES WESSELS
2713 Palm Drive
10Punta Gorda, FL 33950
(941) 258−4444
PRO SE
Claimant
MAUREEN WESSELS
represented by MAUREEN WESSELS
2713 Palm Drive
Punta Gorda, FL 33950
(941) 258−4444
PRO SE
Claimant
BARBARA J. RAMBOW
Body Mind Solutions, Inc.
represented by BARBARA J. RAMBOW
4801 30th Street W
Bradenton, FL 34207
(941) 739−7955
PRO SE
Claimant
DANIEL L. DELL'ARMO
represented by DANIEL L. DELL'ARMO
P.O. Box 3093
Sarasota, FL 34230
(941) 266−7305
PRO SE
Claimant
FRANCINE KAPLAN
represented by FRANCINE KAPLAN
2701 Orchid Oaks Drive
Sarasota, FL 34239
(941) 350−0678
PRO SE
Claimant
GRETCHEN WILSON
represented by GRETCHEN WILSON
2601 Belvoir Boulevard
Sarasota, FL 34237
(941) 957−1376
PRO SE
Claimant
MICHAEL C. SOEST
represented by MICHAEL C. SOEST
4728 Charing Cross Road
Sarasota, FL 34241
(941) 780−1153
PRO SE
Claimant
JEAN OLSEN
represented by JEAN OLSEN
3107 47th Street
11Sarasota, FL 34234
(941) 441−8613
PRO SE
Claimant
DEBORAH L. MARINO
represented by DEBORAH L. MARINO
340 Royal Poinciana Way
Suite 317 #303
Palm Beach, FL 33480
(561) 714−8188
PRO SE
Claimant
DIANE GRUENEWALD
represented by DIANE GRUENEWALD
4453 Violet Avenue
Sarasota, FL 34233
PRO SE
Claimant
LUCIA BERNAT
represented by LUCIA BERNAT
7336 Curlew Road
Sarasota, FL 34241
(941) 921−3007
PRO SE
Claimant
THOMAS CAMPANELLI
represented by THOMAS CAMPANELLI
7336 Curlew Street
Sarasota, FL 34241
(941) 962−3518
PRO SE
Claimant
ROBERT H. GOULD
represented by ROBERT H. GOULD
7300 Richardson Road
Sarasota, FL 34240
(941) 371 − 7165
PRO SE
Claimant
BROCK GUENGERICH
represented by BROCK GUENGERICH
5180 Indian Mound Street
Sarasota, FL 34232
(941) 232 − 5253
PRO SE
Movant
PACIFIC MINISTRY OF GIVING,
INT.
represented by PACIFIC MINISTRY OF GIVING, INT.
c/o Richmond Curtis
12Chairman of P.M.G. Int.
P.O. Box 742
Selena Beach, CA 92075
(760) 942−2523
PRO SE
Movant
MIDWEST HEALING MINISTRIES,
INC.
represented by MIDWEST HEALING MINISTRIES,
INC.
MIDWEST HEALING MINISTRIES, INC.
c/o Aaron Wilkey, President
P.O. Box 151
Tingley, IA 50863
(641) 772−4403
PRO SE
Movant
TINGLEY CHIROPRACTIC CENTER
represented by TINGLEY CHIROPRACTIC CENTER
TINGLEY CHIROPRACTIC CENTER
c/o Aaron Wilkey, President
P.O. Box 151
Tingley, IA 50863
(641) 772−4403
PRO SE
Movant
RONALD BRECKENFELDER
represented by RONALD BRECKENFELDER
12084 W Capri Avenue
Littleton, CO 80127
(303) 536−4552
PRO SE
Movant
JOHN R. MOORE
represented by JOHN R. MOORE
5223 Texas Circle
Ames, IA 50014
(515)292−6375
PRO SE
Movant
CURTIS RICHMOND
represented by CURTIS RICHMOND
P.O. Box 742
Solana Beach, CA 92075
(760) 942−2523
PRO SE
Movant
JAN M. VAN WART
represented by JAN M. VAN WART
4347 Sawyer Road
13Sarasota, FL 34233
(941) 993−7224
PRO SE
Date Filed
08/05/2008
#
1
08/05/2008
Page Docket Text
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, # 2 Civil
Cover Sheet)(tg, ) (Entered: 08/06/2008)
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 2 Notice 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: re 3 Notice of Appearance,
and 2 Notice 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 5 Unopposed 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)
1408/18/2008 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, # 3 Exhibit B, # 4 Exhibit
C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit 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 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, 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
08/22/2008
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)
NOTICE OF CORRECTED DOCKET ENTRY: re 9 Claim, 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: # 1 Certificate 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)
1508/25/2008 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 15 Claimant'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: # 1 Exhibit (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
16AMERICA (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
09/23/2008
24
Consent MOTION to Dismiss Claims by GOLDEN PANDA AD BUILDER,
CLARENCE BUSBY, JR (Attachments: # 1 Text of Proposed Order)(Emord,
Jonathan) (Entered: 09/22/2008)
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
17DISMISSED. 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,
18Claimants' 25 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
19202.354.3127, 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)
11/19/2008 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)
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)
12/03/2008 Leave to File Denied. Petitio to Vacate a Void Judgment. (tg, ) "Leave to file
DENIED" "Not a party" by Judge R. M. Collyer. (Entered: 12/03/2008)
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)
12/18/2008
01/13/2009
Set/Reset Hearings: Initial Scheduling Conference set for 1/30/2009 12:00 PM
in Courtroom 2 before Judge Rosemary M. Collyer. (cdw) (Entered:
12/19/2008)
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:
2001/13/2009)
01/14/2009 40 Unopposed MOTION Cancel Initial Scheduling Hearing re 38 Order, by
UNITED STATES OF AMERICA (Cowden, William) (Entered: 01/14/2009)
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)
02/03/2009 43 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 42 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 44 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 45 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 46 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)
2102/27/2009 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 46 MOTION to Intervene, 44 MOTION to
Intervene, 43 MOTION to Intervene, 45 MOTION 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)
03/26/2009 55 NOTICE of Rescission and Withdraw of Release of Claims to Seized Property
and Consent to Forfeiture by THOMAS A. BOWDOIN, JR. "Let this be filed"
Judge R.M. Collyer (rdj) (Entered: 04/02/2009)
04/02/2009 54 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)
Modified on 4/3/2009 to enhance text(rdj). (Entered: 04/02/2009)
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) 39 Motion to Set Aside
Asset Forfeiture and Dismiss for Lack of Jurisdiction under Fed. R. Civ. P.
60(b)(4); and (3) 50 Motion 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)
04/03/2009
Set/Reset Deadlines: Response to Show Cause Order due by 4/24/2009. (cdw)
(Entered: 04/06/2009)
04/06/2009 57 Memorandum in opposition to re 50 MOTION 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:
2204/09/2009)
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)
04/15/2009
MINUTE ORDER granting 54 Motion to Withdraw As Counsel. Michael
Fayad, Jonathan Goodman, and the Akerman Senterfitt Law Firm are granted
leave to withdraw as counsel. Signed by Judge Rosemary M. Collyer on
4/15/09. (KD) (Entered: 04/15/2009)
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)
04/22/2009 63 MOTION to Set Aside Forfeiture and MOTION to Intervene by CURTIS
RICHMOND (rdj) (Entered: 04/24/2009)
04/24/2009 62 Memorandum in opposition to re 49 MOTION to Set Aside Forfeiture
MOTION to Dismiss filed by UNITED STATES OF AMERICA. (Cowden,
William) (Entered: 04/24/2009)
04/24/2009 64 MEMORANDUM re 55 Notice (Other) filed by THOMAS A. BOWDOIN,
JR., 47 Notice (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 47 Notice (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 68 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 69 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)
2305/15/2009 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 71 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 , 65 Motions 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: # 1 Exhibit)(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: # 1 Exhibit)(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: # 1 Exhibit)(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: # 1
Exhibit)(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 DISCHARGED PER MINUTE ORDER FILED 9/21/2009.....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) Modified on 9/21/2009 (zmm, ). (Entered: 07/24/2009)
07/24/2009 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)
07/24/2009
08/04/2009
Set/Reset Deadlines: Show Cause by 8/7/2009 why the Court should deny their
pending motions. (mpt, ) (Entered: 07/24/2009)
81
Consent MOTION for Extension of Time to File Response/Reply by THOMAS
A. BOWDOIN, JR, BOWDOIN HARRIS ENTERPRISES, INC.,
24ADSURFDAILY, INC. (Attachments: # 1 Text of Proposed Order)(Murray,
Charles) Modified on 8/4/2009 to add Claimant(rdj). (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)
08/04/2009 83 ORDER denying 74 , 75 , and 76 Motions to Set Aside Forfeiture; denying as
moot 77 Motion for Final Ruling, and; denying 78 Motion to Disqualify Judge.
For further details, so accompanying Memorandum Opinion. Signed by Judge
Rosemary M. Collyer on 8/4/09. (lcrmc1) (Entered: 08/04/2009)
08/05/2009
MINUTE ORDER granting 81 Claimants' Motion for Extension of Time. It is
hereby ORDERED that Claimants shall file a response to 79 Order to Show
Cause no later than August 28, 2009. Signed by Judge Rosemary M. Collyer on
8/5/09. (lcrmc1) (Entered: 08/05/2009)
08/24/2009 84 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
JACQUELINE POGGIOREALE (rdj) (Entered: 08/25/2009)
08/24/2009 85 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
JOSEPH POGGIOREALE (rdj) (Entered: 08/25/2009)
08/24/2009 86 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
LISA KOEHLER (rdj) (Entered: 08/25/2009)
08/24/2009 87 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
CAROL L. ROSE (rdj) (Entered: 08/25/2009)
08/24/2009 88 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
BRUCE DISNER (rdj) (Entered: 08/25/2009)
08/26/2009 89 Consent MOTION for Extension of Time to File Answer re 79 Order, by
THOMAS A. BOWDOIN, JR, BOWDOIN HARRIS ENTERPRISES, INC.
(Attachments: # 1 Text of Proposed Order)(Murray, Charles) (Entered:
08/26/2009)
08/26/2009 MINUTE ORDER granting in part and denying in part 89 Consent Motion for
Extension of Time. It is hereby ORDERED that Mr. Bowdoin, through counsel,
shall file a response to 79 the Court's Order to Show Cause no later than
September 14, 2009. Signed by Judge Rosemary M. Collyer on 8/26/09.
(lcrmc1) (Entered: 08/26/2009)
08/26/2009 Set/Reset Deadlines: Response to Show Cause Order due by 9/14/2009. (cdw)
(Entered: 08/27/2009)
08/26/2009 90 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
PABLO G. CAMUS (rdj) (Entered: 08/28/2009)
08/26/2009 91 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
TODD C. DISNER (rdj) (Entered: 08/28/2009)
08/26/2009 92 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
GEORGETTE STILLE (rdj) (Entered: 08/28/2009)
08/26/2009 93 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
ALFREDO PEREZ−CAPPELLI (rdj) (Entered: 08/28/2009)
2508/26/2009 94 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
GALLAGHER AND SONS INC (rdj) (Entered: 08/28/2009)
08/28/2009 97 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
G. STAN KETCHUM (rdj) (Entered: 09/01/2009)
08/28/2009 98 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
LUCIA M. RUGGERONI (rdj) (Entered: 09/01/2009)
08/31/2009 95 MEMORANDUM OPINION. Signed by Judge Rosemary M. Collyer on
8/31/09. (lcrmc1) (Entered: 08/31/2009)
08/31/2009 96 ORDER denying 84 , 85 , 86 , 87 , 88 , 90 , 91 , 92 , 93 , and 94 Motions to
Intervene. See the Memorandum Opinion accompanying this Order for further
details. Signed by Judge Rosemary M. Collyer on 8/31/09. (lcrmc1) (Entered:
08/31/2009)
08/31/2009 99 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
BARBARA J. BOWLES (rdj) (Entered: 09/02/2009)
08/31/2009 100 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
ROBERT BOWLES (rdj) (Entered: 09/02/2009)
08/31/2009 101 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
DAWN STARLING (rdj) (Entered: 09/02/2009)
08/31/2009 102 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
EVA CATER (rdj) (Entered: 09/02/2009)
08/31/2009 103 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
SARA LEHMAN (rdj) (Entered: 09/02/2009)
08/31/2009 104 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
CHRISTOPHER BLAKE SCOTT (rdj) (Entered: 09/02/2009)
08/31/2009 105 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
HAROLD L. SHAFFER (rdj) (Entered: 09/02/2009)
08/31/2009 106 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
DANIEL N. REAMS (rdj) (Entered: 09/02/2009)
08/31/2009 107 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
JAMES RICHARDS (rdj) (Entered: 09/02/2009)
08/31/2009 108 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
JOHN DEMINICO (rdj) (Entered: 09/02/2009)
09/01/2009 109 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
THOMAS M. SHEARER, Jr (rdj) (Entered: 09/02/2009)
09/02/2009 110 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
EARL R. DEHART, Jr "Leave to file GRANTED" signed by Judge R.M.
Collyer(rdj) (Entered: 09/03/2009)
09/03/2009 112 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
PETER MCFRAY (rdj) (Entered: 09/04/2009)
09/04/2009 111
26NOTICE OF SUPPLEMENTAL AUTHORITY by UNITED STATES OF
AMERICA (Cowden, William) (Entered: 09/04/2009)
09/04/2009 113 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
STEPHEN OBRIEN (rdj) (Entered: 09/08/2009)
09/04/2009 114 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
JULIE ANN LARSON (rdj) (Entered: 09/08/2009)
09/04/2009 115 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
CHRISTINE KEYWORTH (rdj) (Entered: 09/08/2009)
09/04/2009 116 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
JOSEPH L. DUNN, Jr (rdj) (Entered: 09/08/2009)
09/04/2009 117 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
CAESAR NUNEZ (rdj) (Entered: 09/08/2009)
09/04/2009 118 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
LAURIE ANN SOLLIDAY (rdj) (Entered: 09/08/2009)
09/08/2009 119 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
TUCKER NORTON (rdj) (Entered: 09/09/2009)
09/08/2009 120 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
TOBIAS NORTON (rdj) (Entered: 09/09/2009)
09/08/2009 121 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
STEVEN F. NORTON (rdj) (Entered: 09/09/2009)
09/08/2009 122 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
SANDRA NORTON (rdj) (Entered: 09/09/2009)
09/08/2009 123 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
RICHARD H. FRARY (rdj) (Entered: 09/09/2009)
09/08/2009 124 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
LINDA FRARY (rdj) (Entered: 09/09/2009)
09/08/2009 125 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
JUDITH ARNOLD (rdj) (Entered: 09/09/2009)
09/08/2009 126 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
RICHARD MOLL (rdj) (Entered: 09/09/2009)
09/08/2009 127 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
JAMES WESSELS (rdj) (Entered: 09/09/2009)
09/08/2009 128 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
MAUREEN WESSELS (See Docket Entry 127 to view Document)(rdj)
(Entered: 09/09/2009)
09/09/2009 129 ORDER denying 97 , 98 , 99 , 100 , 101 , 102 , 103 , 104 , 105 , 106 , 107 , 108
, 109 , 110 , 112 , 113 , 114 , 115 , 116 , 117 , 118 , 119 , 120 , 121 , 122 , 123 ,
124 , 125 , 126 , 127 , 128 Motions to Intervene. See attached Order for further
details. Signed by Judge Rosemary M. Collyer on 9/9/09. (lcrmc1) (Entered:
09/09/2009)
2709/11/2009 130 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
BARBARA J. RAMBOW (rdj) (Entered: 09/14/2009)
09/14/2009 131 RESPONSE TO ORDER TO SHOW CAUSE by THOMAS A. BOWDOIN,
JR, BOWDOIN HARRIS ENTERPRISES, INC. re 79 Order, Order on Motion
for Extension of Time to Answer,. (Attachments: # 1 Affidavit)(Murray,
Charles) (Entered: 09/14/2009)
09/14/2009 134 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
DANIEL L. DELL'ARMO (rdj) (Entered: 09/16/2009)
09/14/2009 135 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
FRANCINE KAPLAN (rdj) (Entered: 09/16/2009)
09/14/2009 136 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
GRETCHEN WILSON (rdj) (Entered: 09/16/2009)
09/14/2009 137 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
MICHAEL C. SOEST (rdj) (Entered: 09/16/2009)
09/15/2009 132 ERRATA Corrected Affidavit by THOMAS A. BOWDOIN, JR 131 Response
to Order to Show Cause filed by BOWDOIN HARRIS ENTERPRISES, INC.,
THOMAS A. BOWDOIN, JR.. (Murray, Charles) (Entered: 09/15/2009)
09/15/2009 133 Mail Returned as undeliverable sent to Bruce Disner. Type of Document
Returned: Memorandum Opinion dated 8/31/09. No forwarding address
provided. (cdw) (Entered: 09/15/2009)
09/18/2009 138 MEMORANDUM OPINION. Signed by Judge Rosemary M. Collyer on
9/18/09. (lcrmc1) (Entered: 09/18/2009)
09/18/2009 139 ORDER denying 49 Motion to Set Aside Forfeiture and Dismiss and 50 Motion
to Dismiss. See Memorandum Opinion filed concurrently herewith for further
details. Signed by Judge Rosemary M. Collyer on 9/18/09. (lcrmc1) (Entered:
09/18/2009)
09/18/2009 140 ORDER denying 48 Motion to Suppress. See attached order for further details.
Signed by Judge Rosemary M. Collyer on 9/18/09. (lcrmc1) (Entered:
09/18/2009)
09/18/2009 141 Second MOTION for Evidentiary Hearing on Renewed Motion To Rescind
Release of Claims by THOMAS A. BOWDOIN, JR, BOWDOIN HARRIS
ENTERPRISES, INC. (Attachments: # 1 Text of Proposed Order)(Murray,
Charles) (Entered: 09/18/2009)
09/21/2009
MINUTE ORDER discharging the 79 Court's July 24, 2009, Order to Show
Cause. Signed by Judge Rosemary M. Collyer on 9/21/09. (lcrmc1) (Entered:
09/21/2009)
09/21/2009 142 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
JEAN OLSEN (rdj) (Entered: 09/23/2009)
09/21/2009 143 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
DEBORAH L. MARINO (rdj) (Entered: 09/23/2009)
09/21/2009 144 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
DIANE GRUENEWALD (rdj) (Entered: 09/23/2009)
2809/21/2009 145 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
LUCIA BERNAT "Let this be filed" Signed by Judge R.M. Collyer (rdj)
(Entered: 09/23/2009)
09/21/2009 146 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
THOMAS CAMPANELLI "Let this be filed" Signed by Judge R.M. Collyer
(rdj) (Entered: 09/23/2009)
09/24/2009 147 Memorandum in opposition to re 141 Second MOTION for Hearing
Evidentiary Hearing on Renewed Motion To Rescind Release of Claims (and
Memorandum in Opposition to Bowdoin's Response to Order to Show Cause
[131, 132] filed by UNITED STATES OF AMERICA. (Cowden, William)
(Entered: 09/24/2009)
09/28/2009 148 SUPPLEMENTAL MEMORANDUM to 141 Plaintiff's Opposition to T.
Bowdoin's Renewed Motion to Rescind His Release of All Claims filed by
UNITED STATES OF AMERICA. (Attachments: # 1 Affidavit Bowdoin
Phone Call Transcribed)(Cowden, William) Modified on 9/29/2009 to add
linkage (rdj). (Entered: 09/28/2009)
10/05/2009 149 MOTION to Intervene by JAN M. VAN WART. (jf, ) (Entered: 10/06/2009)
10/07/2009 150 NOTICE of Appearance by Barry Wiegand on behalf of UNITED STATES OF
AMERICA (Wiegand, Barry) (Entered: 10/07/2009)
10/08/2009 151 RESPONSE re 148 Supplemental Memorandum, filed by THOMAS A.
BOWDOIN, JR. (Murray, Charles) (Entered: 10/08/2009)
10/16/2009 152 MOTION for Leave to Appear Pro Hac Vice :Attorney Name− Michael R.N.
McDonnell, :Firm− McDonnell Trial Law, :Address− 5150 Tamiami Trail
North Suite 501 Naples, Florida 34103. Phone No. − 239−434−7711. Fax No. −
877.6137485 by THOMAS A. BOWDOIN, JR (Attachments: # 1 Text of
Proposed Order)(Murray, Charles) (Entered: 10/16/2009)
10/20/2009
MINUTE ORDER granting 152 Motion for Leave to Appear Pro Hac Vice.
Michael R.N. McDonnell is hereby permitted to practice and appear before this
Court on behalf of claimant Thomas A. Bowdoin in this matter. Signed by
Judge Rosemary M. Collyer on 10/20/09. (lcrmc1) (Entered: 10/20/2009)
11/03/2009 153 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
ROBERT H. GOULD (rdj) (Entered: 11/04/2009)
11/09/2009 154 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by
BROCK GUENGERICH (Attachments: # 1 Exhibit)(rdj) (Entered: 11/10/2009)
11/10/2009 155 MEMORANDUM OPINION. Signed by Judge Rosemary M. Collyer on
11/10/09. (lcrmc1) (Entered: 11/10/2009)
11/10/2009 156 ORDER denying 131 Thomas A. Bowdoin's Motion to Rescind Release of
Claims and denying as moot 66 &67 Mr. Bowdoin's Motions to Withdraw
Notices of Recission and 141 Motion for Hearing. See accompanying
Memorandum Opinion for further details. Signed by Judge Rosemary M.
Collyer on 11/10/09. (lcrmc1) (Entered: 11/10/2009)
11/10/2009 157 ORDER denying 130 , 134 , 135 , 136 , 137 , 142 , 143 , 144 , 145 , 146 , 149 ,
153 and 154 Motions to Intervene. See attached Order for further details.
29Signed by Judge Rosemary M. Collyer on 11/10/09. (lcrmc1) (Entered:
11/10/2009)
11/13/2009 158 AFFIDAVIT FOR DEFAULT by UNITED STATES OF AMERICA.
(Wiegand, Barry) (Entered: 11/13/2009)
11/16/2009 159 Clerk's ENTRY OF DEFAULT as to 8 GILCREASE LANE, QUINCY,
FLORIDA 32351, 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:
11/16/2009)
11/16/2009 160 MOTION to Dismiss DEFENDANT PROPERTY FROM CIVIL FORFEITURE
ACTION IN REM by UNITED STATES OF AMERICA (Attachments: # 1
Text of Proposed Order)(Wiegand, Barry) (Entered: 11/16/2009)
11/17/2009 161 MOTION for Default Judgment as to Forfeiture of Remaining Defendants in
rem by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed
Order)(Wiegand, Barry) (Entered: 11/17/2009)
11/20/2009 162 ORDER granting 160 Plaintiff's Motion to Dismiss Defendant Property. The
defendant captioned as "One Condo Located on North Ocean Boulevard in
Myrtle Beach, South Carolina," is DISMISSED from this action. All other
defendants remain parties to this action. See attached Order for further details.
Signed by Judge Rosemary M. Collyer on 11/20/09. (lcrmc1) (Entered:
11/20/2009)
11/20/2009 163 ORDER TO SHOW CAUSE. On or before December 20, 2009, potential
claimant(s) shall SHOW CAUSE in writing why the Court should not grant
Plaintiffs Motion for Entry of Default Judgment and Judgment of Forfeiture
against the eleven remaining Defendant properties, including a real property
located in Quincy, Florida, and the funds in ten Bank of America bank
accounts. See attached Order for further details. Signed by Judge Rosemary M.
Collyer on 11/20/09. (lcrmc1) (Entered: 11/20/2009)
11/20/2009
Set/Reset Deadlines/Hearings: Response to Show Cause Order due by
12/20/2009. (cdw) (Entered: 11/24/2009)
12/17/2009 164 First MOTION to Disqualify Judge by THOMAS A. BOWDOIN, JR
(Attachments: # 1 Affidavit)(Murray, Charles) (Entered: 12/17/2009)
12/18/2009 165 ORDER denying 164 Thomas A. Bowdoin, Jr.'s Motion to Disqualify Judge.
See attached Order for further details. Signed by Judge Rosemary M. Collyer
on 12/18/09. (lcrmc1) (Entered: 12/18/2009)
01/04/2010 166 35 ORDER granting 161 Motion for Default Judgment as to Forfeiture of
Remaining Defendants in rem by UNITED STATES OF AMERICA. Signed by
Judge Rosemary M. Collyer on January 4, 2010. (cdw) (Entered: 01/06/2010)
01/20/2010 167 Unopposed MOTION Reissue Orders 156 and 163 and vacate 166 re 166 Order
on Motion for Default Judgment, 156 Order on Motion to Withdraw,, Order on
Motion for Hearing,,, 163 Order to Show Cause,, Unopposed MOTION for
Order Reissuing Orders 156, and 163 and vacating 166 by THOMAS A.
BOWDOIN, JR (Attachments: # 1 Text of Proposed Order)(Murray, Charles)
30(Entered: 01/20/2010)
01/21/2010
168
01/27/2010
NOTICE OF PLAINTIFF UNITED STATES GOVERNMENTS POSITION ON
MOTION FOR RELIEF FROM THE JUDGMENT, etc. by UNITED STATES
OF AMERICA re 167 Unopposed MOTION Reissue Orders 156 and 163 and
vacate 166 re 166 Order on Motion for Default Judgment, 156 Order on Motion
to Withdraw,, Order on Motion for Hearing,,, 163 Order to Show
Cause,Unopposed MOTION for Order Reissuing Orders 156, and 163 and
vacating 166Unopposed MOTION Reissue Orders 156 and 163 and vacate 166
re 166 Order on Motion for Default Judgment, 156 Order on Motion to
Withdraw,, Order on Motion for Hearing,,, 163 Order to Show Cause,
(Wiegand, Barry) (Entered: 01/21/2010)
Claim by Notary Presentment by Tina M. Hall "Leave to File Denied" by Judge
Rosemary M. Collyer. (rdj) (Entered: 01/28/2010)
02/02/2010 169 MOTION for Extension of Time to File Response/Reply as to 167 Unopposed
MOTION Reissue Orders 156 and 163 and vacate 166 re 166 Order on Motion
for Default Judgment, 156 Order on Motion to Withdraw,, Order on Motion for
Hearing,,, 163 Order to Show Cause,Unopposed MOTION for Order Reissuing
Orders 156, and 163 and vacating 166Unopposed MOTION Reissue Orders
156 and 163 and vacate 166 re 166 Order on Motion for Default Judgment, 156
Order on Motion to Withdraw,, Order on Motion for Hearing,,, 163 Order to
Show Cause, by UNITED STATES OF AMERICA (Wiegand, Barry) (Entered:
02/02/2010)
02/09/2010 170 Memorandum in opposition to re 167 Unopposed MOTION Reissue Orders
156 and 163 and vacate 166 re 166 Order on Motion for Default Judgment, 156
Order on Motion to Withdraw,, Order on Motion for Hearing,,, 163 Order to
Show Cause,Unopposed MOTION for Order Reissuing Orders 156, and 163
and vacating 166Unopposed MOTION Reissue Orders 156 and 163 and vacate
166 re 166 Order on Motion for Default Judgment, 156 Order on Motion to
Withdraw,, Order on Motion for Hearing,,, 163 Order to Show Cause, filed by
UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit Copy of E−mail
Transmitting Default Judgment Motion)(Wiegand, Barry) (Entered:
02/09/2010)
02/12/2010
02/17/2010
02/22/2010
Claim by Notary Presentment by Tina M. Hall "Leave to File Denied" by Judge
Rosemary M. Collyer. (rdj) (Entered: 02/17/2010)
171
REPLY to opposition to motion re 167 Unopposed MOTION Reissue Orders
156 and 163 and vacate 166 re 166 Order on Motion for Default Judgment, 156
Order on Motion to Withdraw,, Order on Motion for Hearing,,, 163 Order to
Show Cause,Unopposed MOTION for Order Reissuing Orders 156, and 163
and vacating 166Unopposed MOTION Reissue Orders 156 and 163 and vacate
166 re 166 Order on Motion for Default Judgment, 156 Order on Motion to
Withdraw,, Order on Motion for Hearing,,, 163 Order to Show Cause, filed by
THOMAS A. BOWDOIN, JR. (Attachments: # 1 Affidavit In Support of
Bowdoin's Reply, # 2 Affidavit In Support of Bowdoin's Reply)(Murray,
Charles) (Entered: 02/17/2010)
MINUTE ORDER denying 167 Bowdoin's Motion for Relief from the
Judgment and granting 169 Plaintiff's Motion for Extension of Time nunc pro
tunc to February 2, 2010. The Court's Order of November 10, 2009 156 was not
31a final, appealable order. Nor has Mr. Bowdoin shown that the Court erred in
entering 163 the November 20, 2009, Order to Show Cause. The order granting
default judgment and final order for forfeiture 166 is the final order in this case.
Signed by Judge Rosemary M. Collyer on 2/22/10. (lcrmc1) (Entered:
02/22/2010)
03/01/2010 172 33 NOTICE OF APPEAL as to 166 Order on Motion for Default Judgment by
THOMAS A. BOWDOIN, JR, BOWDOIN HARRIS ENTERPRISES, INC..
Filing fee $ 455, receipt number 0090−2109715. Fee Status: Fee Paid. Parties
have been notified. (Murray, Charles) (Entered: 03/01/2010)
03/01/2010 173 NOTICE of Change of Address by Charles A. Murray (Murray, Charles)
(Entered: 03/01/2010)
32Case 1:08-cv-01345-RMC Document 172
Filed 03/01/10 Page 1 of 2
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA,
)
)
Plaintiff,
)
)
v.
)
)
8 GILCREASE LANE, QUINCY
)
FLORIDA 32351, ET AL.,
)
)
Defendants.
)
____________________________________)
Civil Action No. 08-1345 (RMC)
NOTICE OF APPEAL
Notice is hereby given that Thomas A. Bowdoin, Jr., Adsurf Daily, Inc. and
Bowdoin/Harris Enterprises, Inc., co-claimants in the above named in rem forfeiture
action, hereby appeal to the United States Court of Appeals for the District of Columbia
each and every part of the Judgment of the United States District Court for the District of
Columbia that Her Honorable Judge Rosemary M. Collyer entered in this action on the
fourth day of January, 2010, which granted the Government’s Motion for Default
Judgment, and ordered all of the remaining defendants in rem forfeited to the United
States, premised upon allegations against Thomas A. Bowdoin, Jr. of sale of unregistered
securities, fraud, and money-laundering.
Dated: March 1, 2010.
S/ Charles A. Murray
S/ Michael R.N. McDonnell
Michael R.N. McDonnel, Esq.
5150 Tamiami Trail North
New Gate Tower, Suite 501
Naples, Florida 34103
Tel:
239-434-7711
Facsimile:
877-613-7485
Counsel to Thomas A. Bowdoin, Jr,.
Adsurf Daily, Inc. and
Bowdoin/Harris Enterprises, Inc.
Charles A. Murray, Esq.
Law Offices of Charles A. Murray, P.A.
Naples, Florida 34109
Tel:
239- 649-7773
Facsimile:
239- 262-3517
Counsel to Thomas A. Bowdoin, Jr
Adsurf Daily, Inc. and
Bowdoin/Harris Enterprises, Inc
1
33Case 1:08-cv-01345-RMC Document 172
Filed 03/01/10 Page 2 of 2
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA,
Plaintiff,
v.
8 GILCREASE LANE, QUINCY
FLORIDA 32351, ET AL.,
)
)
)
)
)
)
)
Civil Action No. 08-1345 (RMC)
)
)
Defendants.
)
____________________________________)
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the above and foregoing Notice
of Appeal has been delivered this 1 st day of March 2010, by ECF to insure delivery
thereof to Vasu Muthyala DC Bar #496935 Assistant United States Attorney, U.S.
Attorney’s Office, Criminal Division, 555 Fourth Street, N.W., Washington, D.C. 20530
and Barry Wiegand, U.S. Attorney’s Office, 555 Fourth Street, N.W Room 4818,
Washington, D.C. 20530.
S/ Michael R.N. McDonnell S/ Charles A. Murray
Michael R.N. McDonnel, Esq.
Attorney for Thomas A. Bowdoin, Jr. Charles A. Murray, Esq.
Attorney for Thomas A. Bowdoin, Jr.
1
34Case 1:08-cv-01345-RMC Document 166
Filed 01/04/10 Page 1 of 5
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Filed 01/04/10 Page 2 of 5
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Filed 01/04/10 Page 3 of 5
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Filed 01/04/10 Page 4 of 5
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Filed 01/04/10 Page 5 of 5
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[*/quote*]