UNITED STATES OF AMERICA v. 8 GILCREASE LANE, QUINCY, FLORIDA 32351 et al

Filing 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)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA, c/o United States Attorney's Office 555 Fourth St., N.W., Washington, D.C. 20530, Plaintiff, v. 8 GILCREASE LANE, QUINCY FLORIDA 32351, and, ONE CONDO LOCATED ON NORTH OCEAN BOULEVARD IN MYRTLE BEACH, SOUTH CAROLINA, and, ALL FUNDS, INCLUDING APPROXIMATELY $53 MILLION, HELD ON DEPOSIT AT BANK OF AMERICA ACCOUNTS IN THE NAMES (1) THOMAS A. BOWDOIN, JR., SOLE PROPRIETOR, DBA ADSURFDAILY, (2) CLARENCE BUSBY JR. AND DAWN STOWERS, DBA GOLDEN PANDA AD BUILDER, AND (3) GOLDEN PANDA AD BUILDER, Defendants, and GOLDEN PANDA AD BUILDER, AND CLARENCE BUSBY, JR. Claimants. Civil Action No: 1:08-cv-01345 Hon. Rosemary M. Collyer CLAIMANTS' MOTION FOR SEVERANCE AND TRANSFER

CLAIMAINTS' MOTION FOR SEVERANCE AND TRANSFER

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Claimant Clarence Busby Jr. d/b/a Golden Panda Ad Builder ("Golden Panda"), by counsel and pursuant to Fed. R. Civ. Pro Rule 20, 42, and 28 U.S.C. § 1404, respectfully requests that this Honorable Court sever these forfeiture proceedings in two and a simultaneous transfer forfeiture proceedings concerning Golden Panda's assets to the United States District Court for the Northern District of Georgia. The Government has named the property of two independently owned, operated, and controlled companies, Golden Panda Ad Builder ("Golden Panda") and Ad Surf Daily Cash Generator ("ASD"), as defendants. In its 44 page complaint, the Government devotes just two pages of text to discussion of Golden Panda. The Government has predicated its allegations against Golden Panda on the false assumption that Golden Panda was and is controlled by ASD and its owner Andy Bowdoin. To the contrary, neither ASD nor Bowdoin is affiliated with Golden Panda. Neither has control of Golden Panda accounts, supplied funding for Golden Panda, or has received any compensation from Golden Panda. In addition, neither Golden Panda nor its principals have any connection with the District of Columbia. Golden Panda thus stands in a different position from ASD, and it would suffer prejudice if forced to defend alongside ASD in these proceedings. Therefore, Golden Panda requests severance of the case into two proceedings, and it requests simultaneous transfer of the cause of action against it to the District Court for the Northern District of Georgia, a venue appropriate and that does not impose undue burden and prejudice to Golden Panda. In support of this motion, Golden Panda submits the attached Memorandum of Law and Authorities.

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Respectfully submitted, CLARENCE BUSBY JR. AND GOLDEN PANDA AD BUILDER By: ___________/s/_________________ Jonathan W. Emord* Andrea G. Ferrenz Peter A. Arhangelsky Emord & Associates, P.C. 11808 Wolf Run Lane Clifton, VA 20124 Ph: [phone] Fx: [phone] [e-mail] Its Counsel * Counsel of Record Date submitted: August 29, 2008

D. Jack Smith Law Offices of D. Jack Smith 4620 Shady Grove Rd., Memphis, TN 39117 Co-Counsel

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