Case details

Court: nyed
Docket #: 1:12-cv-03104
Case Name: United States of America v. $653,106.76 Formerly on deposit at Bank of Atlantic Account Number 66792423
PACER case #: 331790
Date filed: 2012-06-21
Date terminated: 2014-06-10
Assigned to: Judge Dora Lizette Irizarry
Referred to: Magistrate Judge James Orenstein
Case Cause: 21:881 Forfeiture Property-Drugs
Nature of Suit: 625 Drug Related Seizure of Property
Jury Demand: Defendant
Jurisdiction: U.S. Government Plaintiff

Parties

Represented Party Attorney & Contact Info
United States of America
Plaintiff
Tanya Yvette Hill
United States Attorneys Office Eastern District of New York Criminal Division 271 Cadman Plaza East Brooklyn, NY 11201-1820 718-254-6144 Fax: 718-254-7499 Email: Tanya.Hill@usdoj.gov
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Claire S. Kedeshian
United States Attorneys Office Eastern District of New York 271 Cadman Plaza East Brooklyn, NY 11201-1820 (718) 254-7000 Fax: (718) 254-6081 Email: claire.kedeshian@usdoj.gov
ATTORNEY TO BE NOTICED

$653,106.76 Formerly on deposit at Bank of Atlantic Account Number 66792423
Defendant
Held in the Name of Compu-Cell of America
Alexander Michael Fox
Alexander M. Fox 2525 Ponce De Leon Blvd. Suite 1225 Coral Gables, FL 33134 305-448-1033 Email: alexfox@alexanderfoxlaw.com
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Alexander F. Fox
Alexander F. Fox, P.A. 2525 Pnce Del Leon Blvd Ste. 1225 Coral Gables, FL 33134 305-448-1033 Email: alexfox@alexanderfoxlaw.com
ATTORNEY TO BE NOTICED

David Wikstrom
26 Broadway 19th Floor New York, NY 10004 212-248-5511 Fax: 212-248-2866 Email: davidwikstrom@aol.com
TERMINATED: 10/16/2012 ATTORNEY TO BE NOTICED

$653,106.76 Formerly on deposit at Bank of Atlantic Account Number 66792423
Defendant
Held in the Name of Compu-Cell of America
Alexander Michael Fox
Alexander M. Fox 2525 Ponce De Leon Blvd. Suite 1225 Coral Gables, FL 33134 305-448-1033 Email: alexfox@alexanderfoxlaw.com
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Alexander F. Fox
Alexander F. Fox, P.A. 2525 Pnce Del Leon Blvd Ste. 1225 Coral Gables, FL 33134 305-448-1033 Email: alexfox@alexanderfoxlaw.com
ATTORNEY TO BE NOTICED

David Wikstrom
26 Broadway 19th Floor New York, NY 10004 212-248-5511 Fax: 212-248-2866 Email: davidwikstrom@aol.com
TERMINATED: 10/16/2012 ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2012-06-21 1 0 COMPLAINT against $653,106.76 Formerly on deposit at Bank of Atlantic Account Number 66792423, filed by United States of America. (Attachments: # 1 Civil Cover Sheet) (Davis, Kimberly) (Entered: 06/26/2012)
2012-06-26 2 0 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action (including a jury or nonjury trial) and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences.Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) (Entered: 06/26/2012)
2012-07-12 3 0 MOTION for Issuance of Warrant in rem by United States of America. (Attachments: # 1 Proposed Order Summons and Warrant for Arrest of Articles In Rem) (Hill, Tanya) (Entered: 07/12/2012)
2012-07-20 4 0 ORDER, granting 3 Motion for Issuance of Summons and Warrant For Arrest Of Articles In Rem. YOU ARE HEREBY COMMANDED to arrest and seize theDefendants In Rem and use discretion and whatever means appropriate to protect and maintain the Defendants In Rem; IT IS FURTHER ORDERED that a return of this Warrant shall be promptly made to the Court identifying the individuals upon whom copies were served and the manner employed. NOTICE IS GIVEN in order to avoid forfeiture of the property, any person claiming an interest in, or right against the property must file a verified claim identifying the specific property claimed, the claimant and the claimant's interest in the property.All claimants must also file ans answer to the verified complaint or a motion under Fed.R.Civ.P.12 w/in (21) days after filing a claim. (See Summons for details). So Ordered by Judge Dora Lizette Irizarry on 7/13/2012. (Layne, Monique) (Main Document 4 replaced on 7/20/2012) (Layne, Monique). (Entered: 07/20/2012) 2012-07-20 18:03:53 0e76e60b886bb2957350b1a2ed1da28a88fcabc3
2012-09-06 5 0 NOTICE of Appearance by Claire S. Kedeshian on behalf of United States of America (aty to be noticed) (Kedeshian, Claire) (Entered: 09/06/2012)
2012-09-07 6 0 MOTION for Leave to Appear Pro Hac Vice by Alexander Fox, Esq. Filing fee $ 25, receipt number 0207-5713433. by $653,106.76 Formerly on deposit at Bank of Atlantic Account Number 66792423. (Wikstrom, David) (Entered: 09/07/2012)
2012-09-07 7 0 CLAIM by $653,106.76 Formerly on deposit at Bank of Atlantic Account Number 66792423. (Wikstrom, David) (Entered: 09/07/2012)
2012-09-10 8 0 CERTIFICATE OF SERVICE by United States of America Affidavit of publication, legal notice was published on an official government website, www.forfeiture.gov beginning on August 7, 2012 and ending on September 5, 2012. (Kedeshian, Claire) (Entered: 09/10/2012)
2012-09-13 9 0 Certificate of Good Standing from the State of Florida submitted by PHV counsel Alexander Fernandez Fox per Electronic Order by Judge Irizarry on 9/10/12 (Layne, Monique) (Entered: 09/13/2012)
2012-09-18 10 0 First MOTION to Substitute Attorney David Wikstrom, Esq. by $653,106.76 Formerly on deposit at Bank of Atlantic Account Number 66792423. (Fox, Alexander) (Entered: 09/18/2012)
2012-09-18 11 0 COMPU-CELL OF AMERICA ANSWER to 1 Complaint by All Defendants. (Fox, Alexander) (Entered: 09/18/2012)
2012-11-19 12 0 First MOTION for Extension of Time to File Responses to Interrogatories by $653,106.76 Formerly on deposit at Bank of Atlantic Account Number 66792423. (Attachments: # 1 Proposed Order) (Fox, Alexander) (Entered: 11/19/2012)
2012-11-20 13 0 Letter by $653,106.76 Formerly on deposit at Bank of Atlantic Account Number 66792423 (Fox, Alexander) (Entered: 11/20/2012)
2012-11-29 14 0 Letter in response to Claimant's pre-motion letter request to transfer venue by United States of America (Attachments: # 1 Appendix Appendix 1, # 2 Appendix Appendix 2, # 3 Appendix Appendix 3) (Kedeshian, Claire) (Entered: 11/29/2012)
2012-12-12 15 0 Letter Reply by $653,106.76 Formerly on deposit at Bank of Atlantic Account Number 66792423 (Fox, Alexander) (Entered: 12/12/2012)
2013-10-17 16 0 Letter to Request Hearing for Ruling by $653,106.76 Formerly on deposit at Bank of Atlantic Account Number 66792423 (Fox, Alexander) (Entered: 10/17/2013)
2014-04-16 17 0 First MOTION to Withdraw Claim by $653,106.76 Formerly on deposit at Bank of Atlantic Account Number 66792423. (Fox, Alexander) (Entered: 04/16/2014)
2014-04-29 18 0 MOTION for Judgment of Forfeiture by United States of America. (Attachments: # 1 Proposed Order) (Kedeshian, Claire) (Entered: 04/29/2014)
2014-06-10 19 0 DEFAULT JUDGMENT AND DECREE of Forfeiture and Order of Delivery, in favor of United States of America against $653,106.76 Formerly on deposit at Bank of Atlantic Account Number 66792423; granting 17 Motion to Withdraw; granting 18 Motion for Judgment of Forfeiture. ORDERED, ADJUDGED AND DECREED, that all persons or entities known or thought to have an interest in, or claim to, the above-captioned Defendant Funds, including, but not limited to, Compu-Cell of America, having been given due notice of these proceedings, and none of those persons or entities having interposed a statement of interest, an answer, or other response of any kind to the Verified Complaint in rem, the default of all persons or entities having any interest in the Defendant Funds hereby is noted; and is further ORDERED, ADJUDGED AND DECREED, that pursuant to 18 U.S.C.§ 981(a)(1)(A), and 21 U.S.C. § 881(a)(6), the Defendant Funds are hereby forfeited and condemned to the use and benefit of the United States. Ordered by Judge Dora Lizette Irizarry on 6/5/2014. (Layne, Monique) (Entered: 06/10/2014)