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

Filing 40

Unopposed MOTION Cancel Initial Scheduling Hearing re 38 Order, by UNITED STATES OF AMERICA (Cowden, William)

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

Doc. 40

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA, Plaintiff, v. 8 GILCREASE LANE, QUINCY FLORIDA 32351, etc., In Rem Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Civil Action No. 08-1345 (RMC) ECF

Thomas A. Bowdoin, Jr., Bowdoin/Harris Enterprises, Inc. & Adsurfdaily, Inc., Claimants.

PLAINTIFF'S NOTICE OF CONSENT TO CLAIMANTS' "MOTION TO WITHDRAW CLAIMS AND CONSENT TO FORFEITURE" AND UNOPPOSED MOTION TO CANCEL INITIAL SCHEDULING CONFERENCE COMES NOW, plaintiff United States of America, by and through its attorney, the United States Attorney for the District of Columbia, respectfully move this Court to allow Claimants to withdraw their claims and consent to forfeiture and to cancel the initial Scheduling Conference that the Court has presently set for January30, 2009, at 12:00 p.m. Claimants Thomas A. Bowdoin, Jr., Bowdoin/Harris Enterprises, Inc. and Adsurfdaily, Inc. do not oppose this motion. As grounds for this request, plaintiff submits as follows: 1. On January 13, 2009, claimants (1) Thomas A. Bowdoin, Jr., (2) Bowdoin/Harris Enterprises, Inc. and (3) Adsurfdaily, Inc. filed a motion to withdraw their previously filed verified claims. See Doc. #39. Those claims were a prerequisite to claimants' effort to secure standing to contest the relief sought by plaintiff in this case, that is, the forfeiture of the defendant properties. Plaintiff does not oppose these claimants' motion to withdraw their claims and these

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claimants do not oppose plaintiff's request here to cancel the scheduling conference. 2. The only other persons having filed verified claims in this action previously moved to dismiss their claims, on September 22, 2008. See Doc. #24. Plaintiff did not oppose that motion to dismiss claims. 3. Claimants' motions (1) to withdraw claims (Doc. #24) and (2) to dismiss claims (Doc. #39) remain pending. Should the Court grant these two motions to dismiss all claimants' claims, and upon the expiration of all applicable time periods, plaintiff intends to seek a default against the in rem defendants and final judgment of forfeiture. Meanwhile, plaintiff explores mechanisms to identify victims and losses attributable to the AdSurfDaily and Golden Panda Ad Builder Ponzi operations so that property sued because of its involvement in the fraud schemes alleged in the complaint (or the value of property upon its liquidation) may be used to compensate the frauds' victims. Based on recent events, scheduling a conference to discuss schedules for moving this case toward disposition no longer is needed. Respectfully submitted, /s/ Jeffrey A. Taylor JEFFREY TAYLOR, D.C. Bar No. 498610 UNITED STATES ATTORNEY /s/ William R. Cowden WILLIAM R. COWDEN, D.C. Bar No. 426301 Assistant United States Attorney Chief, Asset Forfeiture Unit VASU B. MUTHYALA, D.C. Bar No. 496935 Assistant United States Attorney Fraud and Public Corruption Section 555 Fourth Street, N.W., Fourth Floor Washington, D.C. 20530 [phone] [e-mail] 2

CERTIFICATE OF SERVICE I hereby certify that I caused a copy of the foregoing Motion/Notice to be served by means of the Court's ECF system on this 14th day of January 2009 upon each claimant's counsel of record.

/s/ William R. Cowden WILLIAM R. COWDEN

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA, Plaintiff, v. 8 GILCREASE LANE, QUINCY FLORIDA 32351, etc., In Rem Defendants. ) ) ) ) ) ) ) ) )

Civil Action No. 08-1345 (RMC) ECF

ORDER CANCELING INITIAL SCHEDULING CONFERENCE Upon consideration of Plaintiff's unopposed Motion to Cancel the Initial Scheduling Hearing set for January 30, 2009 and the entire record herein, it is this _____ day of _________________________, 2009, HEREBY Ordered that the Motion to Cancel the Initial Scheduling Conference previously set for January 30, 2009, at 12:00 p.m., is GRANTED.

_______________________________________ ROSEMARY M. COLLYER United States District Judge