USA v. New Boston, NH, 444 Chestnut Hill Rd et al

Filing 112

///ORDER granting 110 Motion to Dismiss as to defendants in rem (2), (12), (16), (19), and (21). So Ordered by Judge Joseph A. DiClerico, Jr.(dae)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
United States of America,

)
)
Plaintiff,
)
)
v.
)
)
Land and Buildings Located at 444 Chestnut Hill Road, )
New Boston, New Hampshire, with all Appurtenances )
and Improvements Thereon, Owned by
)
Sheldon Steinzeig and Lisa Hirsh; et al
)
)
Defendants in rem.
)
________________________________________________)

Civil No. 09-410-JD

ORDER OF DISMISSAL AS TO
DEFENDANTS IN REM (2), (12), (16), (19), and (21)
Pursuant to a Stipulated Settlement Agreement approved by the Court on November 16,
2012, the United States has moved the Court to dismiss the following defendants in rem: (2) Land
and Buildings Located at 13 South River Road, Bedford, New Hampshire; (12) One 2005 Red
Mercedes-Benz, VIN WDBWK56F15F074575, (to be released to Lisa Hirsh); (16) Funds in
Southern New Hampshire Bank/Bank of New England account #2037760 (to be released to
Matilda Hirsh); (19) Funds in T. Rowe Price account 30A908166, 610000697-9 (to be released to
Lisa Hirsh); and (21) Funds in Digital Federal Credit Union Jumbo Certificate account
#194731-share 4 (to be released to Matilda Hirsh).
IT IS THEREFOR ORDERED, ADJUDGED AND DECREED:
(A) That the defendants in rem: (2) Land and Buildings Located at 13 South River Road,
Bedford, New Hampshire; (12) One 2005 Red Mercedes-Benz, VIN WDBWK56F15F074575, (to
be released to Lisa Hirsh); (16) Funds in Southern New Hampshire Bank/Bank of New England
account #2037760 (to be released to Matilda Hirsh); (19) Funds in T. Rowe Price account

30A908166, 610000697-9 (to be released to Lisa Hirsh); and (21) Funds in Digital Federal Credit
Union Jumbo Certificate account #194731-share 4 (to be released to Matilda Hirsh), are hereby
dismissed from this proceeding.
(B) That the parties shall bear their own costs and expenses of this proceeding, including
attorney’s fees, if any.
(C) that Claimants Lisa Hirsh and Matilda Hirsh are forever barred from asserting any
claims or demands in law or equity, against the United States, its agents, employees or assigns,
including but not limited to the United States Marshals Service (“USMS”), the Drug Enforcement
Administration, any state or local law enforcement department, and any of their agents, employees
or assigns, in connection with, or arising out of the civil judicial forfeiture action against the
defendants in rem, including but not limited to any claim that the United States did not have
probable cause to initiate and prosecute its forfeiture case against the defendants in rem listed
above.
(D) Claimants Lisa Hirsh and Matilda Hirsh will execute a hold harmless agreement to
the USMS at the time of the release to them of the above-mentioned defendants in rem.
The Clerk is hereby directed to send six certified copies of this order to the United States
Marshals Service, a copy to the United States Attorney’s Office, Attention: Assistant U.S.
Attorney Robert J. Rabuck, and to opposing counsel of record.

Dated:_______________
November 19, 2012

/s/ Joseph A. DiClerico, Jr.
_________________________________________
UNITED STATES DISTRICT JUDGE

2