United States of America v. The Contents of Bank of America

Filing 32

ORDER ADOPTING 30 REPORT AND RECOMMENDATION, and DENYING 24 MOTION to Transfer Venue filed by Compu-Cell Corporation. Signed by Judge Callie V. S. Granade on 4/19/2012. (mab)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION UNITED STATES OF AMERICA Plaintiff, vs. The Contents of Bank of America Account No. 9163 in the name of Compu-Cell, LLC, including and to $50,000.00. Defendant. : : : : : CIVIL ACTION NO. 10-0560-CG-B : : : : : : : ORDER After due and proper consideration of all portions of this file deemed relevant to the issues raised, and a de novo determination of those portions of the Report and Recommendation to which objection is made1, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is ADOPTED as the opinion of this Court. It is ORDERED that Claimant Compu-Cell, LLC’s Motion to Transfer Venue to the Southern District of Florida Pursuant to 28 U.S.C. § 1401(a) (Doc. 24) is DENIED. DONE and ORDERED this 19th day of April, 2012. /s/ Callie V. S. Granade UNITED STATES DISTRICT JUDGE 1 Claimant’s objection to the Report and Recommendation provided additional information in that it listed the names and addresses, in South Florida, of eleven witnesses whom it claims would be necessary to prove an innocent owner defense. However, the objection does not contain any details of those proposed witnesses’ testimony which would allow the court to evaluate the significance of the potential testimony or whether any given witness’s testimony might be duplicitous Accordingly, the court finds that the assertion adds little to the information previously provided.

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