USA v. $19,712.00 in United States Currency

Filing 37

COURTROOM MINUTES for Motion Hearing held on 12/16/2013 before Magistrate Judge Kathleen M. Tafoya. United States' Motion for Order Determining Potential Conflict of Interest 33 is GRANTED. The Court finds Mr. Willett is disqualified as counsel for claimant Dan Jensen due to his conflict of interest in representing Mr. Gerhardt in the criminal case. The disqualification of Mr. Willett shall be effective on January 6, 2014. FTR: S. Grimm. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No:
Courtroom Deputy:

13-cv-00219-WJM-KMT
Sabrina Grimm

Date: December 16, 2013
FTR: Courtroom C-201

Parties:

Counsel:

UNITED STATES OF AMERICA,

James Russell
Tonya Andrews

Plaintiff,
v.
$19,712.00 IN UNITED STATES CURRENCY,
Defendant.

COURTROOM MINUTES

MOTION HEARING
1:31 p.m.

Court in session.

Court calls case. Appearances of counsel.
Also present and seated at Defendant’s table, Jonathan Willett and claimant Dan Jensen.
James Gerhardt is present in the courtroom.
Also present and seated at Plaintiff’s table, DEA Task Force Investigator Tracy Thompson, and
paralegal Pam Thompson.
Discussion regarding lack of response to the motion [33], potential conflict, and 5th Amendment
right.
Mr. Russell states the criminal case in Chaffee County is set for trial in February 2014.
ORDERED: United States’ Motion for Order Determining Potential Conflict of Interest
[33] is GRANTED. The Court finds Mr. Willett is disqualified as counsel for
claimant Dan Jensen due to his conflict of interest in representing Mr.
Gerhardt in the criminal case.

The disqualification of Mr. Willett shall be effective on January 6, 2014. The
delay in effectuating this court’s disqualification order is for the express
purpose of allowing Mr. Willett to file an objection to this court’s order or
other motions as discussed. Should Mr. Willett chose to withdraw from
representation of Mr. Gerhardt in the criminal case, Mr. Willett may so
notify the court that his conflict has resolved.
Mr. Jensen is directed to obtain new counsel or to have either a plan for
hiring new counsel or proceeding in this civil case pro se on or before
January 6, 2014.
Discussion regarding potential motion to stay and scheduled depositions.
Statement by Mr. Jensen.
2:25 p.m.

Court in recess.

Hearing concluded.
Total in-court time 00:56
*To obtain a transcript of this proceeding, please contact Avery Woods Reporting at [phone].