This case was last updated from PACER on 05/25/2016 at 13:13:17 (UTC).

United States of America v. $451,624.51 Seized from FXDD Account No. '7807 et al

Case Summary

On 01/13/2014 United States of America filed a Forfeiture - Other Forfeiture lawsuit against 451,624 51 Seized from FXDD Account No '7807. This case was filed in U.S. District Courts, California Central District. The Judges overseeing this case are Magistrate Judge Douglas F. McCormick and Judge Josephine L. Staton. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    8:14-CV-00051

  • Filing Date:

    01/13/2014

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Forfeiture - Other Forfeiture

  • Court:

    U.S. District Courts

  • Courthouse:

    California Central District

Judge Details

Referral Judge

Magistrate Judge Douglas F. McCormick

Judge

Judge Josephine L. Staton

 

Party Details

Plaintiff

United States of America

Claimants

Bargil Enterprises

Cornerstone Equity Fund, LLC

Allan G. Newell

Charles Monroe

Wendy Carr

Newport Beach, CA 92660

Gayle Ann Newell

Nassim Bayat

Nacent Trust

William T Bogard

Raymond G Schreiber Trust

Rosana Ramacciotte

Poupak Bayat

Defendants

$106,300.29 Seized from FXDD Account No. '7870

$451,624.51 Seized from FXDD Account No. '7807

Alternative Dispute Resolution (Adr) Provider

Robert Logan

Attorney/Law Firm Details

Plaintiff Attorney

Frank D Kortum

Attorney at AUSA - Office of US Attorney

312 North Spring Street. Suite 1400

Los Angeles, CA 90012

Claimant Attorneys

Joseph R Dunn

Attorney at Mintz Levin Cohn Ferris Glovsky and Popeo PC

3580 Carmel Mountain Road Suite 300

San Diego, CA 92130

Daniel T Pascucci

Attorney at Mintz Levin Cohn Ferris Glovsky and Popeo

3580 Carmel Mountain Road, Suite 300

San Diego, CA 92130

Matthew D Girardi

Attorney at Girardi Firm LLP

1600 Rosecrans Avenue 4Th Floor

Manhattan Beach, CA 90266

Darren Gordon Smith

Attorney at Darren Gordon Smith Esq

260 Newport Center Drive Suite 100

Newport Beach, CA 92660

 

Court Documents

#1

(#1) COMPLAINT against Defendants $106,300.29 Seized from FXDD Account No. '7870 and $451,624.51 Seized from FXDD Account No. '7807. Case assigned to Judge Josephine L. Staton for all further proceedings. Discovery referred to Magistrate Judge Douglas F McCormick.(Filing fee $400 No Fee Required). Filed by Plaintiff United States of America.(mba) (Entered: 01/14/2014)

#3

(#3) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (mba) (Entered: 01/14/2014)

#4

(#4) Notice of Appearance or Withdrawal of Counsel: for attorney Frank D Kortum counsel for Plaintiff United States of America. Steven R. Welk is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff United States of America. (Kortum, Frank) (Entered: 01/15/2014)

#5

(#5) Notice of Appearance or Withdrawal of Counsel: for attorney Frank D Kortum counsel for Plaintiff United States of America. Robert E. Dugdale is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff United States of America. (Kortum, Frank) (Entered: 01/15/2014)

#6

(#6) INITIAL STANDING ORDER FOR CASES ASSIGNED TO JUDGE JOSEPHINE L. STATON. (Guerrero, Terry) (Entered: 01/27/2014)

#7

(#7) SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff United States of America, by Publication on 01/23/2014 and 01/24/2014 upon Defendant $106,300.29 Seized from FXDD Account No. '7870 last date of publication 2/21/2014, answer due 3/13/2014; $451,624.51 Seized from FXDD Account No. '7807 last date of publication 2/21/2014, answer due 3/13/2014. Publication was made in the www.forfeiture.gov. (Kortum, Frank) (Entered: 03/03/2014)

#8

(#8) STIPULATION for Extension of Time to File Verified Claim William T Bogard, Cornerstone Equity Fund, LLC. (Attachments: # 1 Proposed Order)(Attorney Daniel Thomas Pascucci added to party William T Bogard(pty:clm), Attorney Daniel Thomas Pascucci added to party Cornerstone Equity Fund, LLC(pty:clm))(Pascucci, Daniel) (Entered: 03/04/2014)

#9

(#9) Notice of Interested Parties filed by Claimant Wendy Carr, (Attorney Darren Gordon Smith added to party Wendy Carr(pty:clm))(Smith, Darren) (Entered: 03/06/2014)

#10

(#10) Notice of Interested Parties filed by Claimant Charles Monroe, (Attorney Darren Gordon Smith added to party Charles Monroe(pty:clm))(Smith, Darren) (Entered: 03/06/2014)

#118

(#118) MINUTES (IN CHAMBERS) ORDER Granting Cornerstone's Post-Judgment Motion for Award of Attorneys' Fees and Costs 97 by Judge Josephine L. Staton: For the foregoing reasons, the Court GRANTS Cornerstone's Motion for a total amount of $165,977.87 in attorneys' fees and costs. Any objection that the Government wishes to file in regards to the additional requests for attorneys' fees and litigation costs that Cornerstone made for the first time in its Reply must be filed no later than July 13, 2015. Cornerstone may file a response to any objection that the Government may file no later than July 17, 2015. See document for further details. (lwag) (Entered: 07/07/2015)

#119

(#119) OBJECTION Opposition to Cornerstone's Request for Additional Fees re: MOTION for Attorney Fees and Costs (28 U.S.C. Section 2465(b)(1)(A); FRCP 54(d)) 97 Objection to Cornerstone's Request for Additional Fees filed by Plaintiff United States of America. (Kortum, Frank) (Entered: 07/13/2015)

#120

(#120) RESPONSE filed by Claimant Cornerstone Equity Fund, LLCto Objection/Opposition (Motion related), 119 (Attachments: # 1 Declaration of Daniel T. Pascucci in support, # 2 Declaration of Joseph R. Dunn in support, # 3 Certificate of Service)(Pascucci, Daniel) (Entered: 07/17/2015)

#121

(#121) PROCESS RECEIPT AND RETURN (USM-285) returned executed upon Cornerstone Claimants on 7/10/2015. Remarks: Returned $451,624.51 plus $422.86 Interest (13-FBI-006378) and $106,300.29 plus $99.53 interest (13-FBI-006382) on 7/10/15. (lwag) (Entered: 08/03/2015)

#122

(#122) NOTICE OF APPEAL to the 9th CCA filed by PLAINTIFF United States of America. Appeal of Order on Motion for Attorney Fees,, 118 (Appeal fee FEE WAIVED.) (Kortum, Frank) (Entered: 09/03/2015)

#123

(#123) NOTIFICATION by Circuit Court of Appellate Docket Number 15-56357, 9th Circuit regarding Notice of Appeal to 9th Circuit Court of Appeals 122 as to Plaintiff United States of America. (mat) (Entered: 09/08/2015)

#124

(#124) MINUTE (IN CHAMBERS) ORDER Granting In Part and Denying In Part Cornerstone's Request for Additional Fees 97 115 by Judge Josephine L. Staton: For the foregoing reasons, the Court GRANTS in part and DENIES in part Cornerstone's request for additional fees and costs. The Court REJECTS Cornerstone's request for $3,393.00 in attorneys' fees that it incurred on or before May 18, 2015. The Court AWARDS the total amount of $61,963.50 in attorneys' fees and $2,530.81 in costs that Cornerstone incurred between May 9, 2015, and June 25, 2015. See document for further information. (lwag) (Entered: 09/24/2015)

#125

(#125) NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by plaintiff United States of America. Appeal of Minutes of In Chambers Order/Directive - no proceeding held,, 124 . (Appeal Fee - Not Required for US Goverment.) (Kortum, Frank) (Entered: 11/05/2015)

#126

(#126) NOTIFICATION by Circuit Court of Appellate Docket Number 15-56721, 9th Circuit regarding Notice of Appeal to 9th Circuit Court of Appeals 125 as to plaintiff United States of America. (mat) (Entered: 11/12/2015)

113 More Documents Available

 

Docket Entries

  • 11/09/2015
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  • (#126) NOTIFICATION by Circuit Court of Appellate Docket Number 15-56721, 9th Circuit regarding Notice of Appeal to 9th Circuit Court of Appeals 125 as to plaintiff United States of America. (mat) (Entered: 11/12/2015)

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  • 11/05/2015
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  • (#125) NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by plaintiff United States of America. Appeal of Minutes of In Chambers Order/Directive - no proceeding held,, 124 . (Appeal Fee - Not Required for US Goverment.) (Kortum, Frank) (Entered: 11/05/2015)

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  • 09/24/2015
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  • (#124) MINUTE (IN CHAMBERS) ORDER Granting In Part and Denying In Part Cornerstone's Request for Additional Fees 97 115 by Judge Josephine L. Staton: For the foregoing reasons, the Court GRANTS in part and DENIES in part Cornerstone's request for additional fees and costs. The Court REJECTS Cornerstone's request for $3,393.00 in attorneys' fees that it incurred on or before May 18, 2015. The Court AWARDS the total amount of $61,963.50 in attorneys' fees and $2,530.81 in costs that Cornerstone incurred between May 9, 2015, and June 25, 2015. See document for further information. (lwag) (Entered: 09/24/2015)

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  • 09/04/2015
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  • (#123) NOTIFICATION by Circuit Court of Appellate Docket Number 15-56357, 9th Circuit regarding Notice of Appeal to 9th Circuit Court of Appeals 122 as to Plaintiff United States of America. (mat) (Entered: 09/08/2015)

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  • 09/03/2015
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  • (#122) NOTICE OF APPEAL to the 9th CCA filed by PLAINTIFF United States of America. Appeal of Order on Motion for Attorney Fees,, 118 (Appeal fee FEE WAIVED.) (Kortum, Frank) (Entered: 09/03/2015)

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  • 08/03/2015
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  • (#121) PROCESS RECEIPT AND RETURN (USM-285) returned executed upon Cornerstone Claimants on 7/10/2015. Remarks: Returned $451,624.51 plus $422.86 Interest (13-FBI-006378) and $106,300.29 plus $99.53 interest (13-FBI-006382) on 7/10/15. (lwag) (Entered: 08/03/2015)

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  • 07/17/2015
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  • (#120) RESPONSE filed by Claimant Cornerstone Equity Fund, LLCto Objection/Opposition (Motion related), 119 (Attachments: # 1 Declaration of Daniel T. Pascucci in support, # 2 Declaration of Joseph R. Dunn in support, # 3 Certificate of Service)(Pascucci, Daniel) (Entered: 07/17/2015)

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  • 07/13/2015
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  • (#119) OBJECTION Opposition to Cornerstone's Request for Additional Fees re: MOTION for Attorney Fees and Costs (28 U.S.C. Section 2465(b)(1)(A); FRCP 54(d)) 97 Objection to Cornerstone's Request for Additional Fees filed by Plaintiff United States of America. (Kortum, Frank) (Entered: 07/13/2015)

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  • 07/06/2015
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  • (#118) MINUTES (IN CHAMBERS) ORDER Granting Cornerstone's Post-Judgment Motion for Award of Attorneys' Fees and Costs 97 by Judge Josephine L. Staton: For the foregoing reasons, the Court GRANTS Cornerstone's Motion for a total amount of $165,977.87 in attorneys' fees and costs. Any objection that the Government wishes to file in regards to the additional requests for attorneys' fees and litigation costs that Cornerstone made for the first time in its Reply must be filed no later than July 13, 2015. Cornerstone may file a response to any objection that the Government may file no later than July 17, 2015. See document for further details. (lwag) (Entered: 07/07/2015)

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  • 07/06/2015
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  • (#117) ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal 108 filed by Charles Monroe, Poupak Bayat, Nacent Trust, Raymond G Schreiber Trust, Wendy Carr, Nassim Bayat. CCA # 15-55920. The motion for reconsideration is denied. (mat) (Entered: 07/06/2015)

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105 More Docket Entries
  • 03/05/2014
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  • (#11) Verified CLAIM contesting forfeiture of and asserting an interest in defendant seized property; filed by claimant Wendy Carr. (Attachments: # 1 2)(twdb) (Entered: 03/06/2014)

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  • 03/06/2014
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  • (#10) Notice of Interested Parties filed by Claimant Charles Monroe, (Attorney Darren Gordon Smith added to party Charles Monroe(pty:clm))(Smith, Darren) (Entered: 03/06/2014)

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  • 03/06/2014
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  • (#9) Notice of Interested Parties filed by Claimant Wendy Carr, (Attorney Darren Gordon Smith added to party Wendy Carr(pty:clm))(Smith, Darren) (Entered: 03/06/2014)

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  • 03/04/2014
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  • (#8) STIPULATION for Extension of Time to File Verified Claim William T Bogard, Cornerstone Equity Fund, LLC. (Attachments: # 1 Proposed Order)(Attorney Daniel Thomas Pascucci added to party William T Bogard(pty:clm), Attorney Daniel Thomas Pascucci added to party Cornerstone Equity Fund, LLC(pty:clm))(Pascucci, Daniel) (Entered: 03/04/2014)

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  • 03/03/2014
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  • (#7) SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff United States of America, by Publication on 01/23/2014 and 01/24/2014 upon Defendant $106,300.29 Seized from FXDD Account No. '7870 last date of publication 2/21/2014, answer due 3/13/2014; $451,624.51 Seized from FXDD Account No. '7807 last date of publication 2/21/2014, answer due 3/13/2014. Publication was made in the www.forfeiture.gov. (Kortum, Frank) (Entered: 03/03/2014)

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  • 01/27/2014
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  • (#6) INITIAL STANDING ORDER FOR CASES ASSIGNED TO JUDGE JOSEPHINE L. STATON. (Guerrero, Terry) (Entered: 01/27/2014)

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  • 01/15/2014
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  • (#5) Notice of Appearance or Withdrawal of Counsel: for attorney Frank D Kortum counsel for Plaintiff United States of America. Robert E. Dugdale is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff United States of America. (Kortum, Frank) (Entered: 01/15/2014)

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  • 01/15/2014
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  • (#4) Notice of Appearance or Withdrawal of Counsel: for attorney Frank D Kortum counsel for Plaintiff United States of America. Steven R. Welk is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff United States of America. (Kortum, Frank) (Entered: 01/15/2014)

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  • 01/13/2014
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  • (#3) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (mba) (Entered: 01/14/2014)

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  • 01/13/2014
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  • (#1) COMPLAINT against Defendants $106,300.29 Seized from FXDD Account No. '7870 and $451,624.51 Seized from FXDD Account No. '7807. Case assigned to Judge Josephine L. Staton for all further proceedings. Discovery referred to Magistrate Judge Douglas F McCormick.(Filing fee $400 No Fee Required). Filed by Plaintiff United States of America.(mba) (Entered: 01/14/2014)

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