United States of America v. Real Property Located in Monrovia, California
| California Central District Court | |
| Judge: | R Gary Klausner |
| Referred: | Andrew J Wistrich |
| Case #: | 2:17-cv-02155 |
| Nature of Suit | 690 Forfeiture/Penalty - Other |
| Cause | 18:0981 Civil Forfeiture |
| Case Filed: | Mar 20, 2017 |
| Terminated: | Nov 16, 2017 |
| Last checked: Saturday Sep 16, 2017 2:16 AM PDT |
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Claimant
Ally Bank
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Represented By
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Claimant
Mortgage Electronic Registration Systems Inc
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Represented By
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Defendant
Ismael M. Padilla
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Defendant
Real Property Located in Monrovia, California
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Plaintiff
United States of America
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Represented By
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| TERMINATED PARTIES | |
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Unknown
Mortgage Electronic Registration Systems, Inc. and Ally Bank
Terminated: 06/30/2017
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Represented By
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| Docket last updated: 04/21/2024 11:59 PM PDT |
| Wednesday, November 29, 2017 | ||
| 41 | 41
judgmentCV
Judgment - Default by Judge
Thu 11/30 3:04 PM
DEFAULT JUDGMENT OF FORFEITURE by Judge R. Gary Klausner. A default judgment shall be and is entered against the interests of all potential claimants, including Ismael M. Padilla, in the defendant property, i.e., the substitute res of $550,794.67 in funds. The defendant substitute res of $550,794.67 in funds shall be and hereby is forfeited to the United States of America, which shall dispose of the forfeited property in the manner required by law. (bp) |
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| Thursday, November 16, 2017 | ||
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order
Default Judgment
Thu 11/16 2:19 PM
(IN CHAMBERS) ORDER RE PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT by Judge R. Gary Klausner35 . The Court GRANTS Plaintiff's Motion for Default Judgment against the Defendant Party. The substitute defendant res is forfeited to the United States of America. Refer to the Court's order for details. (pso) |
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| Wednesday, November 08, 2017 | ||
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textonly
Text Only Scheduling Notice
Wed 11/08 8:28 AM
SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Plaintiff's Motion for Default Judgment Against the Interests of Ismael M. Padilla and All Other Potential Claimants35 , calendared for hearing on November 13, 2017, has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) |
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| Thursday, October 26, 2017 | ||
| 38 | 38
misc
Miscellaneous Document
Thu 10/26 10:49 AM
NOTICE OF NON-RECEIPT OF OPPOSITION TO MOTION FOR DEFAULT JUDGMENT AND REQUEST TO ENTER DEFAULT JUDGMENT filed by Plaintiff United States of America (Schonbachler, Katharine) |
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| Wednesday, October 11, 2017 | ||
| 37 | 37
2
pgs
order
Order ~Util - Terminate Hearings
Wed 10/11 2:10 PM
ORDER VACATING SCHEDULING CONFERENCE36 by Judge R. Gary Klausner. The October 16, 2017 scheduling conference before this Court is hereby VACATED. (ah) |
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| 36 | 36
misc
Miscellaneous Document
Wed 10/11 1:32 PM
REQUEST TO VACATE SCHEDULING CONFERENCE filed by Plaintiff United States of America(Schonbachler, Katharine) |
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Att: 1
Proposed Order
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| 35 | 35
motion
Default Judgment
Wed 10/11 11:12 AM
NOTICE OF MOTION AND MOTION for Default Judgment AGAINST THE INTERESTS OF ISMAEL M. PADILLA AND ALL OTHER POTENTIAL CLAIMANTS; DECLARATION OF KATHARINE SCHONBACHLER; EXHIBITS filed by plaintiff United States of America. Motion set for hearing on 11/13/2017 at 09:00 AM before Judge R. Gary Klausner. (Schonbachler, Katharine) |
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Att: 1
Declaration of K. Schonbachler,
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Att: 2
Exhibit A-E,
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Att: 3
Exhibit F-K,
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Att: 4
Proposed Order
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| Monday, October 02, 2017 | ||
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order
Clerks Entry of Default (CV-37) - optional html form
Tue 10/03 1:44 PM
DEFAULT BY CLERK F.R.Civ.P.55(a) as to Against the Interests of Ismael M. Padilla and all other potential claimants (bp) |
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| 33 | 33
motion
Clerk to Enter Default
Mon 10/02 2:39 PM
APPLICATION for Clerk to Enter Default against THE INTERESTS OF ISMAEL M. PADILLA AND ALL OTHER POTENTIAL CLAIMANTS; DECLARATION OF KATHARINE SCHONBACHLER All Defendants filed by plaintiff United States of America. (Schonbachler, Katharine) |
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Att: 1
Declaration,
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Att: 2
Exhibit A-E,
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Att: 3
Exhibit F-J
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| Friday, September 29, 2017 | ||
| 32 | 32
notice
Withdrawal of Claim
Fri 09/29 3:24 PM
WITHDRAWAL of, Claim21 , Answer to Complaint (Attorney Civil Case Opening)26 , filed by Claimants Ally Bank, Mortgage Electronic Registration Systems Inc. (Kaufman, Jeffrey) |
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| Wednesday, September 27, 2017 | ||
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notice
Notice (Other)
Wed 09/27 11:32 AM
NOTICE OF RECEIPT OF SUBSTITUTE RES PURSUANT TO ORDER FOR INTERLOCUTORY SALE OF DEFENDANT REAL PROPERTY LOCATED IN MONROVIA, CALIFORNIA filed by plaintiff United States of America. (Schonbachler, Katharine) |
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| Tuesday, August 29, 2017 | ||
| 30 | 30
order
Stipulation and Order ~Util - Set/Reset Hearings
Tue 08/29 3:27 PM
ORDER GRANTING REQUEST TO CONTINUE THE SCHEDULING CONFERENCE29 by Judge R. Gary Klausner: The scheduling conference is continued to October 16, 2017 at 9:00 a.m. The parties to file a Joint Rule 26 report due October 2, 2017. (ah) |
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| Monday, August 28, 2017 | ||
| 29 | 29
3
pgs
stip
Order
Mon 08/28 2:58 PM
STIPULATION for Order TO CONTINUE THE SCHEDULING CONFERENCE filed by Plaintiff United States of America.(Schonbachler, Katharine) |
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Att: 1
Proposed Order
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| Tuesday, August 22, 2017 | ||
| 28 | 28
order
Stipulation and Order
Wed 08/23 1:59 PM
ORDER FOR INTERLOCUTORY SALE OF DEFENDANT REAL PROPERTY, SUBSTITUTION OF DEFENDANT RES AND WITHDRAWAL OF CLAIM27 by Judge R. Gary Klausner: The parties are authorized to sell the defendant Real Property Located in Monrovia, California (the defendant property) according to the terms of the parties' Stipulation. (ah) |
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| Friday, August 18, 2017 | ||
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stip
Order
Fri 08/18 4:35 PM
STIPULATION for Order FOR INTERLOCUTORY SALE OF DEFENDANT REAL PROPERTY, SUBSTITUTION OF DEFENDANT RES AND WITHDRAWAL OF CLAIM filed by plaintiff United States of America.(Schonbachler, Katharine) |
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Att: 1
Exhibit A,
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Att: 2
Proposed Order
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| Friday, July 21, 2017 | ||
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answer
Answer to Complaint (Attorney Civil Case Opening)
Fri 07/21 3:07 PM
ANSWER to Complaint (Attorney Civil Case Opening)1 for Forfeiture filed by Claimants Ally Bank, Mortgage Electronic Registration Systems Inc.(Kaufman, Jeffrey) |
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| Thursday, July 06, 2017 | ||
| 25 | 25
order
Initial Order Setting R26 Scheduling Conference - form only
Thu 07/06 9:26 AM
ORDER SETTING SCHEDULING CONFERENCE by Judge R. Gary Klausner. A Scheduling Conference has been placed on calendar for September 18, 2017 at 9:00 a.m. The Conference will be held pursuant to F.R.Civ. P. 16(b). Trial counsel must be present and there are no telephonic appearances. Counsel are ordered to file a joint statement providing a brief factual summary of the case, including the claims being asserted. The parties are reminded of their obligations to disclose information and confer on a discovery plan not later than 21 days prior to the scheduling conference, and to file a joint statement with the Court not later than 14 days after they confer, as required by F.R. Civ.P. 26 and the Local Rules of this Court. Failure to comply may lead to the imposition of sanctions. Plaintiff's counsel is directed to give notice of the scheduling conference to each party that makes an initial appearance in the action after this date. (pso) |
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| Wednesday, July 05, 2017 | ||
| 24 | 24
notice
Certificate/Notice of Interested Parties
Wed 07/05 1:53 PM
NOTICE of Interested Parties filed by Claimants Ally Bank, Mortgage Electronic Registration Systems Inc, identifying Ally Financial, Inc.; MERSCORP Holdings, Inc.. (Kaufman, Jeffrey) |
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| 23 | 23
order
Response By Court to Notice of Deficiencies (G-112B)
Wed 07/05 9:14 AM
RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Judge R. Gary Klausner. Notice of Interested Parties to be filed no later than 2:00 p.m. on July 5, 2017. (yl) |
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| Monday, July 03, 2017 | ||
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notice
Deficiency in Electronically Filed Documents (G-112A)
Mon 07/03 2:32 PM
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Claim21 . The following error(s) was found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lom) |
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| Friday, June 30, 2017 | ||
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respoth
Claim
Fri 06/30 1:46 PM
CLAIM filed by Claimants Ally Bank, Mortgage Electronic Registration Systems, Inc. and Ally Bank.(Kaufman, Jeffrey) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C
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order
Order
Fri 06/30 11:15 AM
ORDER DENYING STIPULATION TO EXTEND TIME FOR POTENTIAL CLAIMANTS MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AND ALLY BANK TO FILE A CLAIM AND ANSWER TO THE COMPLAINT by Judge R. Gary Klausner,19 . The Stipulation is DENIED. (pso) |
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| Thursday, June 29, 2017 | ||
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stip
Order
Thu 06/29 10:05 AM
STIPULATION for Order TO EXTEND TIME FOR POTENTIAL CLAIMANTS MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AND ALLY BANK TO RESPOND TO THE INITIAL COMPLAINT filed by Plaintiff United States of America.(Schonbachler, Katharine) |
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Att: 1
Proposed Order
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| Thursday, June 01, 2017 | ||
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order
Stipulation and Order
Thu 06/01 3:45 PM
GRANTING STIPULATION EXTENDING TIME FOR POTENTIAL CLAIMANTS TO FILE A CLAIM AND ANSWER TO THE COMPLAINT17 by Judge R. Gary Klausner: Potential claimants' time to file an answer or responsive document is extended to July 21, 2017. (ah) |
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stip
Order
Thu 06/01 10:23 AM
STIPULATION for Order TO EXTEND TIME FOR POTENTIAL CLAIMANT ISMAEL M. PADILLA TO RESPOND TO THE INITIAL COMPLAINT filed by Plaintiff United States of America.(Schonbachler, Katharine) |
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Att: 1
Proposed Order
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| Wednesday, May 31, 2017 | ||
| 16 | 16
stip
Order
Wed 05/31 2:25 PM
STIPULATION for Order TO EXTEND TIME FOR POTENTIAL CLAIMANTS TO RESPOND TO THE INITIAL COMPLAINT filed by Plaintiff United States of America.(Schonbachler, Katharine) |
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Att: 1
Proposed Order
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| Tuesday, May 02, 2017 | ||
| 15 | 15
notice
Notice of Appearance or Withdrawal of Counsel (G-123)
Tue 05/02 3:58 PM
Notice of Appearance or Withdrawal of Counsel: for attorney Jeffrey Scott Kaufman counsel for Unknown Mortgage Electronic Registration Systems, Inc. and Ally Bank, Claimant Ally Bank. Adding Jeffrey S. Kaufman as counsel of record for Ally Bank and Mortgage Electronic Registration Systems, Inc., potential claimants for the reason indicated in the G-123 Notice. Filed by claimants Ally Bank and Mortgage Electronic Registration Systems, Inc.. (Attorney Jeffrey Scott Kaufman added to party Mortgage Electronic Registration Systems, Inc. and Ally Bank(pty:unk), Attorney Jeffrey Scott Kaufman added to party Ally Bank(pty:clm))(Kaufman, Jeffrey) |
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| Monday, May 01, 2017 | ||
| 14 | 14
stip
Extending Time to Answer (30 days or less)
Mon 05/01 3:40 PM
STIPULATION Extending Time to Answer the complaint as to Mortgage Electronic Registration Systems, Inc. and Ally Bank answer now due 6/21/2017, filed by Plaintiff United States of America.(Schonbachler, Katharine) |
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| Friday, April 28, 2017 | ||
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stip
Extending Time to Answer (30 days or less)
Fri 04/28 3:10 PM
STIPULATION Extending Time to Answer the complaint as to Ismael M. Padilla answer now due 6/21/2017, filed by Plaintiff United States of America.(Schonbachler, Katharine) |
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| Thursday, April 27, 2017 | ||
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service
Service of Summons and Complaint by Publication
Thu 04/27 7:13 AM
SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff United States of America, by Publication on March 27, 2017 and March 28, 2017 upon Defendant Real Property Located in Monrovia, California last date of publication 4/25/2017, answer due 5/15/2017. Publication was made in the www.forfeiture.gov website. (Schonbachler, Katharine) |
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| Wednesday, April 19, 2017 | ||
| 11 | 11
service
USM-285 Service of non-complaint documents - Executed
Thu 04/20 4:01 PM
US DEPARTMENT OF TREASURY PROCESS RECEIPT AND RETURN AS TO POST AND WALK1 , returned executed upon Real Property Located in Monrovia, California on 3/21/17. Remarks: Post and Walk conducted on Monovia Property (See document). (lc) |
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| Wednesday, March 29, 2017 | ||
| 10 | 10
misc
Miscellaneous Document
Wed 03/29 12:11 PM
Government's Filing of Recorded Lis Pendens as to Real Property Located in Monrovia, California filed by Plaintiff United States of America(Schonbachler, Katharine) |
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Att: 1
Exhibit "A"
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| Tuesday, March 21, 2017 | ||
| 9 | 9
order
For Order
Tue 03/21 3:50 PM
ORDER APPOINTING THE INTERNAL REVENUE SERVICE AS SUBSTITUTE CUSTODIAN IN PLACE OF THE U.S. MARSHALS SERVICE by Judge R. Gary Klausner5 . Refer to the Court's order for details. (pso) |
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| 8 | 8
order
Initial Order upon Filing of Complaint - form only
Tue 03/21 10:40 AM
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner. See Order for details. (sw) |
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| Monday, March 20, 2017 | ||
| 7 | 7
adr
Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form
Mon 03/20 2:50 PM
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
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| 6 | 6
notice
Notice of Assignment to United States Judges (CV-18) - optional html form
Mon 03/20 2:49 PM
NOTICE OF ASSIGNMENT to District Judge R. Gary Klausner and Magistrate Judge Andrew J. Wistrich. (et) |
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| 5 | 5
motion
Order
Mon 03/20 12:56 PM
EX PARTE APPLICATION for Order for APPOINTING THE INTERNAL REVENUE SERVICE AS SUBSTITUTE CUSTODIAN IN PLACE OF THE U.S. MARSHALS SERVICE filed by Plaintiff United States of America. (Schonbachler, Katharine) |
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Att: 1
Proposed Order
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| 4 | 4
misc
Miscellaneous Document
Mon 03/20 11:34 AM
MAGISTRATE JUDGE CONFLICT MEMORANDUM filed by Plaintiff United States of America (Schonbachler, Katharine) |
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| 3 | 3
misc
Memorandum by U S Attorney re Judge Assignment
Mon 03/20 11:33 AM
MEMORANDUM filed by Plaintiff United States of America for the purpose of determining whether the above-referenced civil matter, being filed on March 20, 2017, was not pending in the US Attorneys Office before the date on which Judges Andre Birotte, Jr. and Michael W. Fitzgerald began receiving civil matters. (Schonbachler, Katharine) |
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misc
Civil Cover Sheet (CV-71)
Mon 03/20 11:31 AM
CIVIL COVER SHEET filed by Plaintiff United States of America. (Schonbachler, Katharine) |
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| 1 | 1
cmp
Complaint (Attorney Civil Case Opening)
Mon 03/20 11:28 AM
COMPLAINT No Fee Required - US Government, filed by Plaintiff United States of America. (Attorney Katharine Schonbachler added to party United States of America(pty:pla))(Schonbachler, Katharine) |
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Att: 1
Exhibit A
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