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

Filing 174

Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re 172 Notice of Appeal. (rdj)

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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 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 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 V. Defendant 8 GILCREASE LANE, QUINCY, FLORIDA 32351 Defendant 1 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) 2 LEAD 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 3 Memphis, 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 SE Claimant JEFFREY ROBINSON represented by JEFFREY ROBINSON 6413 Furman Boulevard 4 Fort 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 5 Claimant 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 6 PRO 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 7 PRO 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 9 Sarasota, 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 10 Punta 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 11 Sarasota, 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 12 Chairman 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 13 Sarasota, FL 34233 (941) 993-7224 PRO SE Date Filed 08/05/2008 # 1 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) 08/05/2008 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) 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) 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) 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) 08/12/2008 3 08/12/2008 4 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) CLAIM Verified by ADSURFDAILY, INC., THOMAS A. BOWDOIN, JR, BOWDOIN HARRIS ENTERPRISES, INC.. (Attachments: # 1 Verified Claims)(Fayad, Michael) (Entered: 08/15/2008) 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) 08/15/2008 6 08/18/2008 14 08/18/2008 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) 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) 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) Set/Reset Deadlines: Government's response due by 8/25/2008. (cdw) (Entered: 08/20/2008) 08/18/2008 8 08/19/2008 08/19/2008 08/22/2008 9 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) 08/22/2008 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) NOTICE of Appearance by Jonathan W. Emord on behalf of GOLDEN PANDA AD BUILDER, CLARENCE BUSBY, JR (Emord, Jonathan) (Entered: 08/25/2008) 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) 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) 08/25/2008 11 08/25/2008 12 08/25/2008 15 08/25/2008 08/25/2008 13 14 Memorandum in opposition to re 8 MOTION to Dismiss filed by UNITED STATES OF AMERICA. (Cowden, William) (Entered: 08/25/2008) 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) 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) 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) Set/Reset Deadlines: Response due by 10/13/2008 (tb, ) (Entered: 08/27/2008) 08/26/2008 15 08/27/2008 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) 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) 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) 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) NOTICE of Appearance by Vasu B. Muthyala on behalf of UNITED STATES OF AMERICA (Muthyala, Vasu) (Entered: 09/11/2008) Consent MOTION for Extension of Time to File Response/Reply as to 17 MOTION to Sever MOTION to Transfer Case by UNITED STATES OF 08/29/2008 17 08/29/2008 18 09/10/2008 19 09/11/2008 09/12/2008 20 21 16 AMERICA (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) 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) 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) 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) 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) 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) 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 09/15/2008 09/15/2008 09/16/2008 09/18/2008 09/19/2008 09/22/2008 09/23/2008 17 DISMISSED. 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) 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) 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) 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) 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) 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) 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) RESPONSE re 27 Notice (Other) filed by UNITED STATES OF AMERICA. (Cowden, William) (Entered: 09/29/2008) 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) 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) MINUTE ENTRY ORDER. In light of the Plaintiff's withdrawal of the subpoenas of Thomas A. Bowdoin, Jr. and Juan Fernandez, see Dkt. # 28, 09/25/2008 26 09/25/2008 09/25/2008 09/26/2008 09/29/2008 09/29/2008 28 09/29/2008 09/30/2008 29 30 09/30/2008 09/30/2008 18 Claimants' 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) 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) 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) 31 32 33 Proposed Findings of Fact by UNITED STATES OF AMERICA. (Cowden, William) (Entered: 10/09/2008) Proposed Findings of Fact by ADSURFDAILY, INC.. (Fayad, Michael) (Entered: 10/09/2008) 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 10/01/2008 10/03/2008 10/09/2008 10/09/2008 11/05/2008 19 202.354.3127, 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) 11/19/2008 11/19/2008 35 36 MEMORANDUM OPINION. Signed by Judge Rosemary M. Collyer on 11/19/08. (lcrmc1) (Entered: 11/19/2008) 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) 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) 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) 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) 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) 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: 11/20/2008 12/03/2008 12/15/2008 12/18/2008 38 12/18/2008 01/13/2009 20 01/13/2009) 01/14/2009 01/22/2009 40 41 Unopposed MOTION Cancel Initial Scheduling Hearing re 38 Order, by UNITED STATES OF AMERICA (Cowden, William) (Entered: 01/14/2009) 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) 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) 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) 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) 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) 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) 02/03/2009 43 02/04/2009 42 02/24/2009 45 02/24/2009 46 02/27/2009 47 21 02/27/2009 02/27/2009 03/09/2009 03/19/2009 48 49 50 51 MOTION to Exclude and Supress Evidence Obtained in Forfeiture Action by THOMAS A. BOWDOIN, JR. (tg, ) (Entered: 03/04/2009) MOTION to Set Aside Forfeiture, and MOTION to Dismiss for Lack of Jurisdiction by THOMAS A. BOWDOIN, JR (tg, ) (Entered: 03/04/2009) MOTION to Dismiss Due to Lack of Advance Fair Notice by THOMAS A. BOWDOIN, JR (tg, ) (Entered: 03/10/2009) 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) 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) 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) 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) 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) 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) Set/Reset Deadlines: Response to Show Cause Order due by 4/24/2009. (cdw) (Entered: 04/06/2009) 03/25/2009 52 03/26/2009 53 03/26/2009 55 04/02/2009 54 04/03/2009 56 04/03/2009 04/06/2009 04/09/2009 57 58 Memorandum in opposition to re 50 MOTION to Dismiss filed by UNITED STATES OF AMERICA. (Cowden, William) (Entered: 04/06/2009) 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: 22 04/09/2009) 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) 59 60 NOTICE of Appearance by Charles A. Murray on behalf of ADSURFDAILY, INC. (Murray, Charles) (Entered: 04/09/2009) NOTICE of Appearance by Charles A. Murray on behalf of THOMAS A. BOWDOIN, JR, BOWDOIN HARRIS ENTERPRISES, INC. (Murray, Charles) (Entered: 04/09/2009) 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) 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) MOTION to Set Aside Forfeiture and MOTION to Intervene by CURTIS RICHMOND (rdj) (Entered: 04/24/2009) 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) 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) MOTION to Set Aside Forfeiture and MOTION to Intervene by CHAD SVENDSEN (rdj) (Entered: 04/29/2009) 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) First MOTION to Withdraw Notice of Recission by ADSURFDAILY, INC. (Murray, Charles) (Entered: 05/07/2009) 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) 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) 04/09/2009 04/09/2009 04/15/2009 04/20/2009 04/22/2009 04/24/2009 63 62 04/24/2009 64 04/27/2009 05/06/2009 65 66 05/07/2009 05/11/2009 67 68 05/11/2009 69 23 05/15/2009 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) 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) MEMORANDUM OPINION. Signed by Judge Rosemary M. Collyer on 7/16/09. (lcrmc1) (Entered: 07/16/2009) 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) 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) 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) 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) 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) 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) 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) 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) Set/Reset Deadlines: Show Cause by 8/7/2009 why the Court should deny their pending motions. (mpt, ) (Entered: 07/24/2009) 06/01/2009 71 07/16/2009 07/16/2009 72 73 07/21/2009 74 07/21/2009 75 07/21/2009 76 07/21/2009 77 07/21/2009 78 07/24/2009 79 07/24/2009 80 07/24/2009 08/04/2009 81 Consent MOTION for Extension of Time to File Response/Reply by THOMAS A. BOWDOIN, JR, BOWDOIN HARRIS ENTERPRISES, INC., 24 ADSURFDAILY, 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 08/04/2009 82 83 MEMORANDUM OPINION. Signed by Judge Rosemary M. Collyer on 8/4/09. (lcrmc1) (Entered: 08/04/2009) 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) 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) 84 85 86 87 88 89 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by JACQUELINE POGGIOREALE (rdj) (Entered: 08/25/2009) MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by JOSEPH POGGIOREALE (rdj) (Entered: 08/25/2009) MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by LISA KOEHLER (rdj) (Entered: 08/25/2009) MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by CAROL L. ROSE (rdj) (Entered: 08/25/2009) MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by BRUCE DISNER (rdj) (Entered: 08/25/2009) 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) 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) Set/Reset Deadlines: Response to Show Cause Order due by 9/14/2009. (cdw) (Entered: 08/27/2009) 90 91 92 93 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by PABLO G. CAMUS (rdj) (Entered: 08/28/2009) MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by TODD C. DISNER (rdj) (Entered: 08/28/2009) MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by GEORGETTE STILLE (rdj) (Entered: 08/28/2009) MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by ALFREDO PEREZ-CAPPELLI (rdj) (Entered: 08/28/2009) 08/05/2009 08/24/2009 08/24/2009 08/24/2009 08/24/2009 08/24/2009 08/26/2009 08/26/2009 08/26/2009 08/26/2009 08/26/2009 08/26/2009 08/26/2009 25 08/26/2009 08/28/2009 08/28/2009 08/31/2009 08/31/2009 94 97 98 95 96 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by GALLAGHER AND SONS INC (rdj) (Entered: 08/28/2009) MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by G. STAN KETCHUM (rdj) (Entered: 09/01/2009) MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by LUCIA M. RUGGERONI (rdj) (Entered: 09/01/2009) MEMORANDUM OPINION. Signed by Judge Rosemary M. Collyer on 8/31/09. (lcrmc1) (Entered: 08/31/2009) 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) MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by BARBARA J. BOWLES (rdj) (Entered: 09/02/2009) MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by ROBERT BOWLES (rdj) (Entered: 09/02/2009) MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by DAWN STARLING (rdj) (Entered: 09/02/2009) MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by EVA CATER (rdj) (Entered: 09/02/2009) MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by SARA LEHMAN (rdj) (Entered: 09/02/2009) MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by CHRISTOPHER BLAKE SCOTT (rdj) (Entered: 09/02/2009) MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by HAROLD L. SHAFFER (rdj) (Entered: 09/02/2009) MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by DANIEL N. REAMS (rdj) (Entered: 09/02/2009) MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by JAMES RICHARDS (rdj) (Entered: 09/02/2009) MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by JOHN DEMINICO (rdj) (Entered: 09/02/2009) MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by THOMAS M. SHEARER, Jr (rdj) (Entered: 09/02/2009) 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) MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by PETER MCFRAY (rdj) (Entered: 09/04/2009) 08/31/2009 08/31/2009 08/31/2009 08/31/2009 08/31/2009 08/31/2009 08/31/2009 08/31/2009 08/31/2009 08/31/2009 09/01/2009 09/02/2009 99 100 101 102 103 104 105 106 107 108 109 110 09/03/2009 09/04/2009 112 111 26 NOTICE OF SUPPLEMENTAL AUTHORITY by UNITED STATES OF AMERICA (Cowden, William) (Entered: 09/04/2009) 09/04/2009 09/04/2009 09/04/2009 09/04/2009 09/04/2009 09/04/2009 09/08/2009 09/08/2009 09/08/2009 09/08/2009 09/08/2009 09/08/2009 09/08/2009 09/08/2009 09/08/2009 09/08/2009 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by STEPHEN OBRIEN (rdj) (Entered: 09/08/2009) MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by JULIE ANN LARSON (rdj) (Entered: 09/08/2009) MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by CHRISTINE KEYWORTH (rdj) (Entered: 09/08/2009) MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by JOSEPH L. DUNN, Jr (rdj) (Entered: 09/08/2009) MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by CAESAR NUNEZ (rdj) (Entered: 09/08/2009) MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by LAURIE ANN SOLLIDAY (rdj) (Entered: 09/08/2009) MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by TUCKER NORTON (rdj) (Entered: 09/09/2009) MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by TOBIAS NORTON (rdj) (Entered: 09/09/2009) MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by STEVEN F. NORTON (rdj) (Entered: 09/09/2009) MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by SANDRA NORTON (rdj) (Entered: 09/09/2009) MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by RICHARD H. FRARY (rdj) (Entered: 09/09/2009) MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by LINDA FRARY (rdj) (Entered: 09/09/2009) MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by JUDITH ARNOLD (rdj) (Entered: 09/09/2009) MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by RICHARD MOLL (rdj) (Entered: 09/09/2009) MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by JAMES WESSELS (rdj) (Entered: 09/09/2009) 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) 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) 09/09/2009 129 27 09/11/2009 09/14/2009 130 131 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by BARBARA J. RAMBOW (rdj) (Entered: 09/14/2009) 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) MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by DANIEL L. DELL'ARMO (rdj) (Entered: 09/16/2009) MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by FRANCINE KAPLAN (rdj) (Entered: 09/16/2009) MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by GRETCHEN WILSON (rdj) (Entered: 09/16/2009) MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by MICHAEL C. SOEST (rdj) (Entered: 09/16/2009) 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) 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) MEMORANDUM OPINION. Signed by Judge Rosemary M. Collyer on 9/18/09. (lcrmc1) (Entered: 09/18/2009) 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) 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) 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) 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) 09/14/2009 09/14/2009 09/14/2009 09/14/2009 09/15/2009 134 135 136 137 132 09/15/2009 133 09/18/2009 09/18/2009 138 139 09/18/2009 140 09/18/2009 141 09/21/2009 09/21/2009 09/21/2009 09/21/2009 142 143 144 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by JEAN OLSEN (rdj) (Entered: 09/23/2009) MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by DEBORAH L. MARINO (rdj) (Entered: 09/23/2009) MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by DIANE GRUENEWALD (rdj) (Entered: 09/23/2009) 28 09/21/2009 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) 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) 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) 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) MOTION to Intervene by JAN M. VAN WART. (jf, ) (Entered: 10/06/2009) NOTICE of Appearance by Barry Wiegand on behalf of UNITED STATES OF AMERICA (Wiegand, Barry) (Entered: 10/07/2009) RESPONSE re 148 Supplemental Memorandum, filed by THOMAS A. BOWDOIN, JR. (Murray, Charles) (Entered: 10/08/2009) 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) 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) 09/21/2009 146 09/24/2009 147 09/28/2009 148 10/05/2009 10/07/2009 10/08/2009 10/16/2009 149 150 151 152 10/20/2009 11/03/2009 11/09/2009 11/10/2009 11/10/2009 153 154 155 156 MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by ROBERT H. GOULD (rdj) (Entered: 11/04/2009) MOTION to Intervene and Petition to Return Wrongfully Confiscated Funds by BROCK GUENGERICH (Attachments: # 1 Exhibit)(rdj) (Entered: 11/10/2009) MEMORANDUM OPINION. Signed by Judge Rosemary M. Collyer on 11/10/09. (lcrmc1) (Entered: 11/10/2009) 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) 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. 11/10/2009 157 29 Signed by Judge Rosemary M. Collyer on 11/10/09. (lcrmc1) (Entered: 11/10/2009) 11/13/2009 11/16/2009 158 159 AFFIDAVIT FOR DEFAULT by UNITED STATES OF AMERICA. (Wiegand, Barry) (Entered: 11/13/2009) 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) 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) 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) 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) 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) Set/Reset Deadlines/Hearings: Response to Show Cause Order due by 12/20/2009. (cdw) (Entered: 11/24/2009) 164 165 First MOTION to Disqualify Judge by THOMAS A. BOWDOIN, JR (Attachments: # 1 Affidavit)(Murray, Charles) (Entered: 12/17/2009) 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) 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) 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) 11/16/2009 160 11/17/2009 161 11/20/2009 162 11/20/2009 163 11/20/2009 12/17/2009 12/18/2009 01/04/2010 166 01/20/2010 167 30 (Entered: 01/20/2010) 01/21/2010 168 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) 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) 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) 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 01/27/2010 02/02/2010 02/09/2010 170 02/12/2010 02/17/2010 02/22/2010 31 a 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) NOTICE of Change of Address by Charles A. Murray (Murray, Charles) (Entered: 03/01/2010) 03/01/2010 173 32 Case 1:08-cv-01345-RMC Document 172 Filed 03/01/10 Page 1 of 2 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) Plaintiff, ) ) v. ) ) 8 GILCREASE LANE, QUINCY ) FLORIDA 32351, ET AL., ) ) Defendants. ) ____________________________________) UNITED STATES OF AMERICA, 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 / Michael R.N. McDonnell M ic h a el R.N. McDonnel, Esq. 5 1 5 0 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. C h a rle s 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 S / Charles A. Murray 1 33 Case 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. ) ____________________________________) C E R T I F I C A T E OF SERVICE I do hereby certify that a true and correct copy of the above and foregoing Notice o f Appeal has been delivered this 1st day of March 2010, by ECF to insure delivery th e re o f to Vasu Muthyala DC Bar #496935 Assistant United States Attorney, U.S. A tto rn e y's Office, Criminal Division, 555 Fourth Street, N.W., Washington, D.C. 20530 a n d Barry Wiegand, U.S. Attorney's Office, 555 Fourth Street, N.W Room 4818, W a sh in g to n , D.C. 20530. S / Michael R.N. McDonnel

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