United States of America v. Hummer H2 Utility 2003 Vin 5grgn23u53h124621 et al

District of Nebraska, ned-8:2005-cv-00431

ORDER approving {{31}} the parties' Stipulation. The $19,509.57, representing the money seized from the Claimant Craig A. Workman's account and the $8,000.00 put up as a substitute res bond, together with the interest on each sum f rom the date the Marshal recieved each sum, shall be returned to the claimant. Upon the attorney's receipt of the combined sum of $19,509.57 and $8,000.00, plus interest as set forth above, a receipt shall be filed with this court. Ordered by Judge Joseph F. Bataillon. Certified copy USM.

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8:05-CV-00431-JFB-TDT Doc # 32 Filed: 02/21/07 Page 1 of 3 - Page ID # 96 07 FEB 22 AS 10:02 OFFICE OF Tin CLERK IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA UNITED STATES OF AMERICA, Plaintiff, vs. 8:05CV431 One black 2003 Hummer H2 Utility, VIN 5GRGN23U53H124621; ORDER One white 2003 Cadillac Escalade, VIN 1GYEK63N53R314621; One black 2003 Hummer H2 Utility, VIN 5GRGN23U33H107719; Account No. 5760747 in the name of Mark A. Frederick,) DBA Mobility Specialists, DBA Scooter Super Store at) Union Bank & Trust, 4732 Calvert, Lincoln, NE 68506; Account No. 998763 in the name of Craig A. Workman, DBA Mobility Specialists of America at Pinnacle Bank, 6145 Havelock Ave., Lincoln, NE 68507; ru Account No. 588129 in the name of Craig Workman, 4327 Q St., Lincoln, NE at City Bank & Trust, 1135 Main St., Crete, NE, Defendants. NOW ON THIS 2_day of February, 2007, this matter comes on before the Court upon the Stipulation of the parties (Filing No. 31). The Court reviews the file and the Stipulation, and, being duly advised on the premises, finds as follows: 1. The U. S. Marshals Service ("Marshal") is in possession of $19,509.57, representing the 8:05-CV-00431-JFB-TDT Doc #32 Filed: 02/21/07 Page 2 of 3 - Page ID #97 money seized from Account No. 588129 in the name of Craig Workman, 4327 Q St., Lincoln, Nebraska at City Bank & Trust, 1135 Main St., Crete, Nebraska. 2. The Marshal is also in possession of $8,000.00. This was tendered by Craig Workman as a substitute res bond for the 2003 Hummer with VIN ending 7719. 3. The Marshal has no funds representing Account No. 998763 in the name of Craig A. Workman, DBA Mobility Specialists of America at Pinnacle Bank, 6145 Havelock Ave., Lincoln, NE 68507, as no funds were in the account at the time seizure was attempted. 4. Pursuant to this Court's Order dated September 20, 2005, (Filing No. 5), the Marshal 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 November 16, 2005 (Filing No. 19). In response to said published notice, no other person or entity has filed a Petition setting forth any legal or equitable interest in the Defendant property, other than Craig Workman and Mark Frederick. 5. The parties' Stipulation should be approved. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED as follows: A. The parties' Stipulation is hereby approved. B. Nineteen thousand five hundred nine dollars and fifty-seven cents, representing the money seized from Account No. 588129 in the name of Craig Workman, 4327 Q St., Lincoln, Nebraska at City Bank & Trust, 1135 Main St., Crete, Nebraska, and $8,000.00, put up as substitute res bond for the 2003 Hummer with VIN ending 7719, shall be returned to the Claimant, Craig A. Workman, together with interest on each sum from the date the Marshal received each sum, by delivering the same to the trust account his attorney of record, Alan G. Stoler. C. Pursuant to this Court's Order dated September 20, 2005 (Filing No. 5), the Marshal has 8:05-CV-00431-JFB-TDT Doc #32 Filed: 02/21/07 Page 3 of 3 - Page ID # 98 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 November 16, 2005 (Filing No. 19). Only Craig Workman and Mark Frederick have alleged an interest in the Defendant properties. D. Upon Mr. Stoler's receipt of the combined sum of $19,509.57 and $8,000.00, plus interest as set forth above, he shall file a Receipt with this Court. BY THE COURT: DE Betall- JOSEPH F. BATAILLON UNITED STATES DISTRICT COURT Prepared and submitted by: Nancy A. Svoboda (#17429) Attorney for the Plaintiff 1620 Dodge Street, Suite 1400 Omaha, Nebraska 68102-1506 (402) 661-3700 Approved as to form and content: ONE BLACK 2003 HUMMER H2, ACCOUNT NO. 998763, AND ACCOUNT NO. 588129, Defendants, and CRAIG A. WORKMAN, Claimant ALAN G. STOLER (#15764) Attorney at Law 1823 Harney Street, Suite 1004 Omaha, Nebraska 68102 (402) 346-1733