New Hampshire District Court
Judge:Steven J Mcauliffe
Case #: 1:10-cv-00097
Nature of Suit625 Forfeiture/Penalty - Drug Related Seizure of Property 21 USC 881
Cause21:881 Forfeiture Property - Real Estate
Case Filed:Mar 12, 2010
Terminated:Jun 25, 2012
Last checked: Sunday May 15, 2022 1:10 AM EDT
Claimant
Richard Gness
Represented By
Mark L. Sisti
Sisti Law Offices
contact info
Philip H. Utter
Green & Utter
contact info
Defendant
$50,000 U.S. Currency
Defendant
$7,672.92 US Currency
Defendant
Colt's PTP-A .22 caliber pistol
Defendant
Raven Arms .25 caliber auto pistol
Defendant
Ruger .22 caliber semi-automatic pistol
Defendant
Walther P-38 9 mm pistol
Plaintiff
USA
Represented By
Aixa Maldonado-Quinones - USA
Us Attorney'S Office (nh)
contact info
Robert J. Rabuck
Us Attorney'S Office (nh)
contact info
TERMINATED PARTIES
Defendant
Danbury, NH, 717 U.S. Route 4,
Terminated: 06/21/2012


Docket last updated: 7 hours ago
Thursday, January 22, 2015
42 42 service USM Return Mon 01/26 3:44 PM
US Marshal Service of Process re:39 Final Order of Forfeiture: weapons were destroyed 12/22/2014.(jab)
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Thursday, June 28, 2012
41 41 US Marshal Service of Process re:39 Order of Forfeiture served on 6/27/12, on $7,672.92 US Currency and $50,000 cash/currency in lieu of 717 US Rte 4. Funds transferred to AFF(mm)
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Monday, June 25, 2012
40 40 JUDGMENT is hereby entered in accordance with 38 Final Order of Forfeiture as to Defendant in Rem (1) and 39 Final Order of Forfeiture as to Defendants in Rem (2)-(7). Signed by Clerk James R. Starr. (Case Closed) (jab)
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Thursday, June 21, 2012
39 39 FINAL ORDER of Forfeiture of Defendants in Rem (2) - (7). So Ordered by Judge Steven J. McAuliffe.(jab)
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38 38 FINAL ORDER of Forfeiture of $50,000 as Substitute Res for Defendant in Rem (1), 717 U.S. Route 4, Danbury, NH, and Dismissal of Defendant in Rem (1), 717 U.S. Route 4, Danbury, NH. So Ordered by Judge Steven J. McAuliffe.(jab)
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37 37 Assented to MOTION for Order of Forfeiture of Defendants IN REM (2)-(7) filed by USA.(Rabuck, Robert)
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Att: 1 Proposed Order of Forfeiture of Defendants IN REM (2)-(7)
36 36 Assented to MOTION for Order of Forfeiture of $50,000 as Substitute Res For Defendant IN REM (1) U.S. Route 4, Danbury, NH filed by USA(Rabuck, Robert) Per request of US Attorney's Office, modified on 6/21/2012 to remove incorrect reference to conventionally filed exhibits. (kat)
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Att: 1 Proposed Final Order of Forfeiture
ENDORSED ORDER granting 36 Motion for Forfeiture of $50,000 as Substitute Res For Defendant in Rem. Text of Order: Granted; the proposed order is adopted a an order of the court. So Ordered by Judge Steven J. McAuliffe.(jab)
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ENDORSED ORDER granting 37 Motion for Order of Forfeiture of Defendants in Rem (2)-(7). Text of Order: Granted; the proposed order is adopted a an order of the court. So Ordered by Judge Steven J. McAuliffe.(jab)
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Friday, June 15, 2012
35 35 STIPULATION re: Stipulated Settlement Agreement by USA(Rabuck, Robert)
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Monday, March 12, 2012
ENDORSED ORDER re: 34 Status Report. Text of Order: Noted. Continue stay 90 days. So Ordered by Judge Steven J. McAuliffe.(jab)
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Friday, March 09, 2012
34 34 STATUS REPORT by Richard Gness : replaces document 33(Utter, Philip)
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33 33 [Filed in Error - Wrong Document Attached. See corrected filing, doc. no. 34.] STATUS REPORT by Richard Gness : replaces document 32 (Utter, Philip) Modified on 3/11/2012 to add text in brackets. (jab).
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32 32 [Filed in Error - Wrong Document Attached. See corrected filing, doc. no. 33.] STATUS REPORT by Richard Gness (Utter, Philip) Modified on 3/9/2012 to add text in brackets. (jab).
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Tuesday, December 13, 2011
31 31 STATUS REPORT by Richard Gness : criminal charges in state court currently scheduled for January 23, 2012 (Utter, Philip)
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ENDORSED ORDER noting 31 Status Report. Text of Order: Noted. Continue stay 90 days. So Ordered by Magistrate Judge Landya B. McCafferty.(jab)
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Wednesday, September 14, 2011
ENDORSED ORDER granting 30 Motion to Stay Proceedings Text of Order: Granted. Claimant shall file a status update on or before December 13, 2011. So Ordered by Magistrate Judge Landya B. McCafferty. Status Report due by 12/13/2011.(gla)
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Tuesday, September 13, 2011
30 30 Assented to MOTION to Stay Proceedings filed by Richard Gness.(Utter, Philip)
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29 29 NOTICE of Attorney Appearance by Philip H. Utter on behalf of Richard Gness (Utter, Philip)
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Thursday, June 30, 2011
ENDORSED ORDER granting 28 motion to stay. Text of Order: Granted. So Ordered by Chief Judge Steven J. McAuliffe. (lag)
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Wednesday, June 29, 2011
28 28 Assented to MOTION to Stay filed by Richard Gness. (Sisti, Mark)
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Wednesday, April 20, 2011
27 27 CERTIFICATE OF SERVICE by USA re:26 Notice of Attorney Appearance (Rabuck, Robert)
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26 26 NOTICE of Attorney Appearance by Robert J. Rabuck on behalf of USA (Rabuck, Robert)
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NOTICE of ECF Filing Error re:26 Notice of Attorney Appearance filed by USA. Filer used the wrong event. Filer should have used notice/substitute attorney event. By using substitute attorney, it will allow filer to select the attorney no longer associated with the case. NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1587. (jab)
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Thursday, March 24, 2011
25 25 Assented to MOTION to Continue filed by Richard Gness. Follow up on Objection on 4/11/2011. (Sisti, Mark)
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ENDORSED ORDER granting 25 Motion to Continue Stay. Text of Order: Granted. So Ordered by Magistrate Judge Landya B. McCafferty. (gla)
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Tuesday, January 11, 2011
24 24 Assented to MOTION to Stay filed by Richard Gness. (Sisti, Mark)
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ENDORSED ORDER granting 24 Motion to Continue Stay. Text of Order: Granted. So Ordered by Magistrate Judge Landya B. McCafferty. (jab)
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Thursday, October 28, 2010
23 23 SERVICE by Publication filed by USA. Last publication date 4/24/10.(Maldonado-Quinones, Aixa)
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Att: 1 Legal Notice,
Att: 2 Advertisement Certification Report
22 22 Assented to MOTION to Continue filed by Richard Gness. Follow up on Objection on 11/15/2010. (Sisti, Mark)
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ENDORSED ORDER granting 22 Motion to Continue to Stay Proceedings (for 60 days). Text of Order: Granted. So Ordered by Magistrate Judge Landya B. McCafferty. (jab)
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Friday, August 13, 2010
ENDORSED ORDER granting 21 Motion to Stay proceedings (60 days). Text of Order: Granted. So Ordered by Chief Judge Steven J. McAuliffe. (jab)
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Thursday, August 12, 2010
21 21 Assented to MOTION to Stay filed by Richard Gness. (Sisti, Mark)
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Friday, May 07, 2010
ENDORSED ORDER granting 15 Motion to Stay Proceedings (for 90 days). Text of Order: Granted. So Ordered by Magistrate Judge James R. Muirhead. (jab)
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Wednesday, May 05, 2010
20 20 US Marshal Service of Process re: Summons-Warrant in Rem/Warrant in Rem/Lis Pendens Issued, served on 4/29/10, on Disassembled seven shot Colts PTP-A.22 pistol will stay in the custody of NH Liquor commission. (it is evidence in trial). (mxm)
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19 19 US Marshal Service of Process re: Summons-Warrant in Rem/Warrant in Rem/Lis Pendens Issued, served on 4/29/10, on Ruger.22 semi automatic pistol will stay in the custody of NH Liquor commission. (it is evidence in trial). (mxm)
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18 18 US Marshal Service of Process re: Summons-Warrant in Rem/Warrant in Rem/Lis Pendens Issued, served on 4/29/10, on Ruger.22 caliber semi automatic pistol will stay in the custody of NH Liquor commission. (it is evidence in trial). (mxm)
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17 17 US Marshal Service of Process re: Summons-Warrant in Rem/Warrant in Rem/Lis Pendens Issued, served on 4/29/10, on Walther P-38 9 mm pistol will stay in the custody of NH Liquor commission. (it is evidence in trial). (mxm)
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16 16 US Marshal Service of Process re: Summons-Warrant in Rem/Warrant in Rem/Lis Pendens Issued, served on 4/29/10, on Raven Arms.25 caliber pistol will stay in the custody of NH Liquor commission. (it is evidence in trial) (mxm)
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15 15 Assented to MOTION to Stay Proceedings filed by Richard Gness. (Sisti, Mark)
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Tuesday, April 27, 2010
14 14 ANSWER to1 Complaint - New Case, filed by Claimant Richard Gness re: $7,672.92 US Currency, Colt's PTP-A.22 caliber pistol, Danbury, NH, 717 U.S. Route 4,, Raven Arms.25 caliber auto pistol, Ruger.22 caliber semi-automatic pistol(serial no. 12-58391 , Ruger.22 caliber semi-automatic pistol(serial no. 14-27878 , Walther P-38 9 mm pistol.(Sisti, Mark) Modified on 4/27/2010 to add correct filer, Claimant Richard Gness. (jab).
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Att: 1 Exhibit (Affidavit) Affidavit
NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 6/1/2010 03:00 PM before Chief Judge Steven J. McAuliffe. Follow up on Discovery Plan 5/26/2010. Please note pursuant to Title 28 USC 636(c) and Local Rule 73.1, the parties may consent to have the case reassigned to Magistrate Judge Muirhead, but are free to withhold consent without adverse consequences.(jab)
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Friday, April 16, 2010
13 13 USM Process Receipt and Return of Service Unexecuted as to Defendant-in-Rem Colt's PTP-A.22 caliber pistol. Unable to seize as weapon is evidence. (jab)
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12 12 USM Process Receipt and Return of Service Unexecuted as to Defendant-in-Rem Ruger.22 caliber semi-automatic pistol(serial no. 14-27878 . Unable to seize as weapon is evidence. (jab)
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11 11 USM Process Receipt and Return of Service Unexecuted as to Defendant-in-Rem Ruger.22 caliber semi-automatic pistol(serial no. 12-58391 . Unable to seize as weapon is evidence. (jab)
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10 10 USM Process Receipt and Return of Service Unexecuted as to Defendant-in-Rem Walther P-38 9 mm pistol. Unable to seize as weapon is evidence. (jab)
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9 9 USM Process Receipt and Return of Service Unexecuted as to Defendant-in-Rem Raven Arms.25 caliber auto pistol. Unable to seize as weapon is evidence. (jab)
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Thursday, April 15, 2010
8 8 ORDER OF RECUSAL. Judge Paul J. Barbadoro recused - Mark Sisti has appeared in this case. Signed by Judge Paul J. Barbadoro. (mm)
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Case reassigned to Chief Judge Steven J. McAuliffe. Reason for Reassignment: Mark Sisti. The new case designation is: 10-cv-97-SM. Please show this number with the correct judge designation on all further pleadings. (mxm)
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Wednesday, April 14, 2010
7 7 CLAIM for Property & Statement of Interest by $7,672.92 US Currency, Colt's PTP-A.22 caliber pistol, Danbury, NH, 717 U.S. Route 4,, Raven Arms.25 caliber auto pistol, Ruger.22 caliber semi-automatic pistol(serial no. 12-58391 , Ruger.22 caliber semi-automatic pistol(serial no. 14-27878 , Walther P-38 9 mm pistol. Answer due by 5/10/2010.(Sisti, Mark)
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Att: 1 Exhibit (Affidavit) Affidavit
Friday, April 02, 2010
6 6 US Marshal Service of Process re: Summons-Warrant in Rem served on 3/17/10, on US Currency. (mm)
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Wednesday, March 31, 2010
5 5 WRIT of of Entry returned Executed as to property located at 717 US Route 4, Danbury NH. (mxm)
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Friday, March 26, 2010
4 4 AFFIDAVIT of Service of Forfeiture Complaint served on Mark Sisti, Esq., counsel for Richard Gness, filed by USA. Forfeiture Complaint served on 3/18/2010. Claim due on 4/20/2010. (Maldonado-Quinones, Aixa)
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3 3 AFFIDAVIT of Service of Forfeiture Complaint served on Richard Gness, filed by USA. Forfeiture Complaint served on 3/18/2010. Claim due on 4/20/2010. (Maldonado-Quinones, Aixa)
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Monday, March 15, 2010
2 2 NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click [LINK:HERE] . (jeb)
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Case assigned to Judge Paul J. Barbadoro. The case designation is: 1:10-cv-97-PB. Please show this number with the judge designation on all future pleadings. (jeb)
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Summons and Warrant of Arrest in Rem for Property in United States' Possession, Custody or Control issued as to $7,672.92 US Currency. (jeb)
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Summons and Warrant of Arrest in Rem as to Property Not in the United States Possession, Custody or Control issued as to Colt's PTP-A.22 caliber pistol, Raven Arms.25 caliber auto pistol, Ruger.22 caliber semi-automatic pistol(serial no. 12-58391 , Ruger.22 caliber semi-automatic pistol(serial no. 14-27878 , Walther P-38 9 mm pistol. (jeb)
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WRIT of Entry Issued as to 717 U.S. Route 4, Danbury, NH. (jeb)
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Friday, March 12, 2010
1 1 NEW CASE/FORFEITURE COMPLAINT with Jury Demand. (No fee paid, USA or IFP.) filed by USA.(Maldonado-Quinones, Aixa)
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Att: 1 Civil Cover Sheet,
Att: 2 Summons - Waiver Warrant of Arrest in Rem,
Att: 3 Summons - Waiver Warrant of Arrest in Rem,
Att: 4 Writ of Entry