United States of America v. $1,000.00 refunded to Mango Creek Properties, Inc. from GBS Partners,Inc. seized on January 28, 2010 et al

Filing 81

ORDER - Ms. Goodwin is in default of her claim for failure to appear before this Court at the time of her scheduled hearing. Ms. Goodwin's motion to intervene (Filing No. 66 ) is denied. Ordered by Senior Judge Lyle E. Strom. (Copies mailed to pro se parties) (TEL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNITED STATES OF AMERICA,

)
)
Plaintiff,
)
)
v.
)
)
$1,000.00 refunded to Mango
)
Creek Properties, Inc., from )
GBS Partners, Inc., seized on )
January 28, 2010; et al.,
)
)
Defendants.
)
______________________________)

8:11CV372

ORDER

This matter is before the Court on the motion of Violet
Goodwin (Filing No. 66) in which she claims she has “squatter’s
rights” in two of the properties relevant to this case by virtue
of “adverse possession.”

At the time of this filing, this case

had been appealed to the United States Court of Appeals for the
Eighth Circuit (Filing No. 61).

Upon motion of plaintiff, the

Eighth Circuit remanded this case to this Court for the limited
purpose of permitting this Court to address Ms. Goodwin’s motion
(Filing No. 78).

A hearing on said motion was scheduled for

Thursday, May 17, 2012, at 10:00 a.m. (Filing No. 79).

Ms.

Goodwin was mailed notice of this hearing on May 3, 2012.

Notice

was mailed to the address Ms. Goodwin provided in Filing No. 66:
Violet L. Goodwin, 1451 Emmet St., Omaha, NE 68110.

The post

office did not notify the Court that the notice was not
delivered.

On May 17, 2012, Ms. Goodwin failed to appear for the
hearing.

Prior to this time, neither Ms. Goodwin nor an attorney

representing Ms. Goodwin contacted the Court regarding the
scheduled hearing.

Assistant United States Attorney Nancy

Svoboda testified at the hearing that she also had not been
contacted by Ms. Goodwin or an attorney representing Ms. Goodwin
prior to the hearing.

The Court waited until 10:30 a.m., and

neither Ms. Goodwin nor an attorney on her behalf made an
appearance.

Thus, the Court finds Ms. Goodwin is in default, and

the Court will deny her motion.

Accordingly,

IT IS ORDERED
1)

Ms. Goodwin is in default of her claim for failure

to appear before this Court at the time of her scheduled hearing.
2)

Ms. Goodwin’s motion to intervene (Filing No. 66)

is denied.
DATED this 17th day of May, 2012.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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