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)

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.

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: CIVIL ACTION NO. 10-0560-CG-B
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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.