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05-153 - United States of America v. $133,980.00 in United States Currency


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05-153 - United States of America v. $133,980.00 in United States Currency
July 7, 2005
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ORDER -The motion to Continue by counsel for the claimant 16 is granted as set forth below. The parties are granted additional time in which to meet and confer pursuant to FRCP Rule 26(f) and shall file their report on or before September 6, 2005 regarding their discovery plan. Signed by Magistrate Judge Thomas D. Thalken on 7/7/2005. (KBJ)
August 10, 2005
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ORDER TO SHOW CAUSE - Attorney Michael Thoren shall register for the System or show cause by written affidavit on or before 8/19/2005 why he cannot comply with the rules of the court. Signed by Magistrate Judge Thomas D. Thalken on 8/10/2005. (KBJ)
September 9, 2005
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Thomas D. Thalken on 9/9/2005. (ADB)ORDER and FINAL PROGRESSION ORDER denying 22 Motion to Strike; Deposition Deadline. All depositions, whether or not they are intended to beused at trial, shall be completed by February 28, 2006. The Final Pretrial Conference with the undersigned magistrate judge is setfor March 1, 2006, at 11:00 a.m. by telephone. The plaintiff's counsel shall initiate thetelephone conference. Non-jury trial is set to commence at 8:30 a.m. on March 28, 2006, in Omaha,Nebraska. Signed by Magistrate Judge
March 6, 2006
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ORDER that the pretrial conference previously set for March 6, 2006, at 10:00 a.m. is cancelledand is rescheduled for March 10, 2006, at 9:00 a.m. Central Standard Time before theundersigned magistrate judge. The pretrial conference will be a telephonic conference.The plaintiff will initiate the conference. Counsel for the claimant will contact the court andthe plaintiff with a telephone number where he may be reached. Signed by Magistrate Judge Thomas D. Thalken on 3/6/2006. (ADB)
March 28, 2006
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CONSENT DECREE OF FORFEITURE; IT IS THEREFORE ORDERED, ADJUDGED AND DECREED as follows: A) Based on the facts set forth by the Plaintiff in the Statement of Facts section of its Trial Brief, the United States has demonstrated, by a preponderance of the evidence, the Defendant property is forfeitable to the United States; B) Based on the representations made by Claimant's counsel, the Claimant has no defense to the forfeitability of the Defendant property. Specifically, the Claimant cannot demonstrate it is an innocent owner as defined by Title 18 USC 983(d). (C) Pursuant to this Court's Order dated April 12, 2005, (Filing No. 5), the United States Marshal for the District of Nebraska has published notice of his intent to dispose of the property in such a manner as the Attorney General may direct. An Affidavit of Publication was filed herein on June 3, 2005, (Filing No. 9). In response to said published notice, no person or entity, other than Maciej Prochal, has filed a Claim and an Answer setting forth any legal or equitable interest in the Defendant property. D) All right, title and interest in or to the Defendant property held by any person or entity is hereby forever barred and foreclosed. E) The Defendant property be, and the same hereby, forfeited to the United States of America. F) The Defendant property shall be disposed of by the United States Marshal for the District of Nebraska in accordance with law. Signed by Judge Joseph F. Bataillon on 3/28/2006. (certified copy to the USM)(PCV, )