United States of America v. $8,040.00 United States Currency
| New York Western District Court | |
| Judge: | Charles J Siragusa |
| Case #: | 6:21-cv-06323 |
| Nature of Suit | 690 Forfeiture/Penalty - Other |
| Cause | 21:881 Forfeiture Property-Drugs |
| Case Filed: | Apr 16, 2021 |
| Re-opened: | Sep 27, 2023 |
| Terminated: | Feb 08, 2022 |
| Last checked: Wednesday Oct 13, 2021 6:10 AM EDT |
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Defendant
$8,040.00 United States Currency
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Plaintiff
United States of America
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Represented By
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| Docket last updated: 04/25/2025 11:59 PM EDT |
| Wednesday, February 28, 2024 | ||
| 46 | 46
order
Order on Motion for Leave to File
Wed 02/28 1:41 PM
TEXT ORDER denying43 Motion for Leave to File A SUR-REPLY. Signed by Hon. Charles J. Siragusa on 2/28/2024. (MJK) |
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| Tuesday, February 27, 2024 | ||
| 45 | 45
misc
Transcript
Tue 02/27 11:38 AM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 12/14/23, before Judge Hon. Charles J. Siragusa. Court Reporter/Transcriber Brandi Wilkins, scalisba@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/19/2024. Redacted Transcript Deadline set for 3/29/2024. Release of Transcript Restriction set for 5/28/2024. (Wilkins, Brandi) |
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| Thursday, February 22, 2024 | ||
| 44 | 44
respm
Response in Opposition to Motion
Thu 02/22 3:33 PM
RESPONSE in Opposition re43 MOTION for Leave to File Sur-Reply re 42 Reply/Response to Memorandum of Law on Dismissal and Claimant's Entitlement to Attorneys' Fees filed by Cristal Starling. (Sherman, Paul) |
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| 43 | 43
motion
Leave to File Document
Thu 02/22 1:59 PM
MOTION for Leave to File Sur-Reply re 42 Reply/Response to Memorandum of Law on Dismissal and Claimant's Entitlement to Attorneys' Fees by United States of America.(Bailey, Melanie) |
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| Friday, February 16, 2024 | ||
| 42 | 42
respm
Reply/Response
Fri 02/16 2:23 PM
REPLY/RESPONSE to re38 Reply/Response, in Support of Memorandum of Law on Dismissal and Claimant's Entitlement to Attorneys' Fees filed by Cristal Starling. (Sherman, Paul) |
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| Monday, February 05, 2024 | ||
| 41 | 41
misc
Memorandum/Brief
Mon 02/05 4:24 PM
MEMORANDUM/BRIEF re38 Reply/Response,36 MOTION to Dismiss ,27 Notice of Voluntary Dismissal, 34 Status Conference,,,, Government's Response Memorandum of Law Regarding Dismissal And Claimant's Entitlement To Attorneys Fees by United States of America. (Bailey, Melanie) |
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| Monday, January 29, 2024 | ||
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utility
E-Filing Notification
Mon 01/29 9:19 AM
E-Filing Notification:39 Letter filed by United States of America as to $8,040.00 United States Currency. This document contains a request for relief and should be filed as a motion. ACTION REQUIRED: Re-file document using the motion event. (TF) |
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| Friday, January 26, 2024 | ||
| 40 | 40
misc
Letter
Fri 01/26 7:53 PM
Letter filed by Cristal Starling as to $8,040.00 United States Currency Letter to the Court . (Aronin, William) |
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| 39 | 39
misc
Letter
Fri 01/26 3:56 PM
Letter filed by United States of America as to $8,040.00 United States Currency Letter to the Court . (Bailey, Melanie) |
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| Wednesday, January 17, 2024 | ||
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utility
E-Filing Notification
Wed 01/17 3:50 PM
E-Filing Notification: re38 MEMORANDUM OF LAW on Dismissal and Claimant's Entitlement to Attorneys' Fees re36 MOTION to Dismiss,27 Notice of Voluntary Dismissal, 34 Status Conference filed by Cristal Starling. Modified entry per filing attorney's request, on 1/17/2024 (TF). (TF) |
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| Monday, January 15, 2024 | ||
| 38 | 38
respm
Reply/Response
Mon 01/15 2:35 PM
REPLY/RESPONSE to re36 MOTION to Dismiss ,27 Notice of Voluntary Dismissal, 34 Status Conference,,,, Memorandum on Dismissal and Claimant's Entitlement to Attorneys' Fees filed by Cristal Starling. (Sherman, Paul) |
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| Friday, December 22, 2023 | ||
| 37 | 37
service
Certificate of Service
Fri 12/22 2:38 PM
CERTIFICATE OF SERVICE by United States of America (Bailey, Melanie) |
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| 36 | 36
motion
Dismiss
Fri 12/22 2:30 PM
MOTION to Dismiss by United States of America.(Bailey, Melanie) |
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| Tuesday, December 19, 2023 | ||
| 35 | 35
1
pgs
order
Order
Tue 12/19 4:08 PM
ORDER directing U.S. Marshal Service to release $8,040 to the Institute of Justice on behalf of Cristal Starling. Signed by Hon. Charles J. Siragusa on 12/19/2023. (MJK) |
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| Thursday, December 14, 2023 | ||
| 34 | 34
minutes
Status Conference
Mon 12/18 5:03 PM
Minute Entry for proceedings held before Hon. Charles J. Siragusa: Melanie Bailey, AUSA and Grace Carducci, AUSA appearing on behalf of government via telephone. William Aronin, Esq. and Nicholas Fedorka, Esq. appearing on behalf of claimant via telephone. Status Conference held on 12/14/2023. It is the government's intention to dismiss the case and release the funds to claimant, Cristal Starling. The parties are unable to agree on dismissing the case with prejudice or without prejudice. Government is directed to prepare an Order for release of the funds to Ms. Starling while the case is being litigated, settle the Order with defense counsel, and submit it to the Court for signature. Court sets the following briefing schedule: Defense to file a brief by 1/15/2024; government to file a response brief by 2/5/2024; and defense to file a reply brief by 2/19/2024. Thereafter, the Court will advise the parties of a date for oral argument if necessary, or issue written decision. (Court Reporter Brandi Wilkins.) (KJA) |
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| Wednesday, December 06, 2023 | ||
| 33 | 33
1
pgs
order
Order on Motion for Pro Hac Vice
Wed 12/06 12:11 PM
ORDER granting32 Motion for Pro Hac Vice. Signed by Hon. Charles J. Siragusa on 12/6/2023. (MJK) |
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| Tuesday, December 05, 2023 | ||
| 32 | 32
motion
Appear Pro Hac Vice
Tue 12/05 5:23 PM
MOTION to appear pro hac vice ( Filing fee $ 200 receipt number ANYWDC-5048372.) by Cristal Starling.(Fedorka, Nicholas) |
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Att: 1
Admission Petition Form of Paul M. Sherman,
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Att: 2
Sponsoring Affidavit,
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Att: 3
Attorney's Oath,
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Att: 4
Civility Principles Oath of Office,
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Att: 5
Electronic Case Filing Registration
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| Tuesday, November 28, 2023 | ||
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notice
Notice of Hearing
Tue 11/28 4:44 PM
NOTICE of Hearing: Telephone Status Conference set for 12/14/2023 at 11:30 AM before Hon. Charles J. Siragusa. The Court has provided the dial-in instructions to counsel by email. (KJA) |
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| Tuesday, November 21, 2023 | ||
| 31 | 31
notice
Notice of Appearance
Tue 11/21 11:06 AM
NOTICE of Appearance by Melanie J. Bailey on behalf of United States of America (Bailey, Melanie) |
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| Tuesday, October 10, 2023 | ||
| 30 | 30
1
pgs
order
Order on Motion for Pro Hac Vice
Tue 10/10 11:03 AM
ORDER granting25 Motion for Pro Hac Vice Admission of William Aronin. Signed by Hon. Charles J. Siragusa on 10/10/2023. (MJK) |
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| 29 | 29
order
Stipulation and Order
Tue 10/10 10:06 AM
STIPULATION AND ORDER staying action for 30 days to allow parties to explore settlement. Signed by Hon. Charles J. Siragusa on 10/10/2023. (DSM) |
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| Wednesday, September 27, 2023 | ||
| 28 | 28
appeal
USCA Mandate
Thu 09/28 9:00 AM
MANDATE of USCA as to21 Notice of Appeal filed by Cristal Starling. IT IS HEREBY ORDERED, ADJUDGED and DECREED that the grant of the motion to strike and the entry of default judgment are VACATED, and the cause is REMANDED for further proceedings consistent with this Courts opinion.(TF) |
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Att: 1
Supporting document to mandate
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| 27 | 27
notice
Notice of Voluntary Dismissal
Wed 09/27 5:14 PM
NOTICE of Voluntary Dismissal by United States of America (Carducci, Grace) |
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| 26 | 26
respoth
Claim
Wed 09/27 4:48 PM
CLAIM Verified Claim (U.S. Currency) by Cristal Starling. (Fedorka, Nicholas) |
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| 25 | 25
motion
Appear Pro Hac Vice
Wed 09/27 4:45 PM
MOTION to appear pro hac vice ( Filing fee $ 200 receipt number ANYWDC-4986331.) by Cristal Starling.(Fedorka, Nicholas) |
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Att: 1
Admission Petition Form of William Aronin,
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Att: 2
Admission Sponsor Affidavit of Nicholas P. Fedorka,
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Att: 3
Attorney's Oath,
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Att: 4
Civility Principles Oath,
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Att: 5
ECF Registration Form
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| 24 | 24
notice
Notice of Appearance
Wed 09/27 4:36 PM
NOTICE of Appearance by Nicholas Paul Fedorka on behalf of Cristal Starling (Fedorka, Nicholas) |
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| Thursday, March 31, 2022 | ||
| 23 | 23
notice
Notice of Change of Address
Thu 03/31 1:00 PM
NOTICE of Change of Address by Cristal Starling. Claimant's address changed to: Cristal Starling, 178 Scottsville Road, Rochester, NY 14611. (JHF) |
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| Friday, March 25, 2022 | ||
| 22 | 22
appeal
Clerks Certificate
Fri 03/25 12:44 PM
CLERKS CERTIFICATE/INDEX filed and electronically sent to Court of Appeals. (TF) |
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| Thursday, March 24, 2022 | ||
| 21 | 21
appeal
Notice of Appeal
Fri 03/25 12:30 PM
NOTICE OF APPEAL as to19 Default Judgment, by Cristal Starling. Filing fee $ 505, receipt number ROC013358. (TF) |
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| Thursday, February 10, 2022 | ||
| 20 | 20
misc
Notice of SALE - USM
Fri 02/11 9:08 AM
US Marshal's NOTICE of Disposal as to $8,040.00. (TF) |
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| Tuesday, February 08, 2022 | ||
| 19 | 19
order
Judgment - Default
Tue 02/08 3:25 PM
DEFAULT JUDGMENT in favor of United States of America against $8,040.00 United States Currency. Signed by Clerk of Court on 2/8/2022. Copy of this NEF and judgment mailed to pro se claimant at 466 1/2 West Main Street, Apt. 401, Rochester, NY 14608.(TF) |
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| Thursday, February 03, 2022 | ||
| 18 | 18
13
pgs
order
Order on Motion for Entry of Default Order on Motion to Strike
Thu 02/03 11:11 AM
DECISION AND ORDER granting8 Motion for Entry of Default; granting11 Motion to Strike8 First MOTION for Entry of Default against $8,040.00 United States Currency ,11 First MOTION to Strike Late Claim and Answer . ORDERED that the government's motion [ECF No. 11] to strike the claim of Cristal Starling is granted; and it is furtherORDERED that the government's motion [ECF No. 8] for default judgment is granted; and it is further ORDERED that the defendant $8040.00 United States currency is forfeited to the United States of America pursuant to 21 U.S.C. § 881(a)(6), and any claims to the defendant currency are forever barred. Signed by Hon. Charles J. Siragusa on 2/3/22. Copy of this NEF and order mailed to pro se claimant at 466 1/2 West Main Street, Apt. 401, Rochester, NY 14608 (KAP) |
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| Tuesday, January 11, 2022 | ||
| 17 | 17
respm
Reply to Response to Motion
Wed 01/12 1:03 PM
REPLY to Response to Motion re11 First MOTION to Strike Late Claim and Answer filed by Cristal Starling. (TF) |
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| Monday, January 10, 2022 | ||
| 16 | 16
service
Certificate of Service
Mon 01/10 8:55 AM
CERTIFICATE OF SERVICE by United States of America (Carducci, Grace) |
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| Friday, January 07, 2022 | ||
| 15 | 15
respm
Reply/Response
Fri 01/07 1:24 PM
REPLY/RESPONSE to re13 Reply/Response to Answer in Opposition to Motion filed by United States of America.(Carducci, Grace) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2
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| Tuesday, January 04, 2022 | ||
| 14 | 14
respm
Response to Motion
Wed 01/05 12:41 PM
LETTER RESPONSE WITH CERT OF SERVICE to Motion re11 First MOTION to Strike Late Claim and Answer filed by Cristal Starling. (TF) |
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| 13 | 13
respm
Reply/Response
Tue 01/04 2:14 PM
RESPONSE to re11 First MOTION to Strike filed by Cristal Starling. (JHF) |
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| Thursday, December 16, 2021 | ||
| 12 | 12
order
Text Order ~Util - Set/Reset Motion and R&R Deadlines/Hearings
Thu 12/16 3:44 PM
TEXT MOTION SCHEDULING ORDER re: First MOTION to Strike Late Claim and Answer filed by United States of America. ECF No. 11. Claimant Cristal Starling filed a claim [ECF No. 9] to the currency at issue on 11/30/21. The United States filed a motion to strike the claim [ECF No. 11] on 12/15/21. Claimant Cristal Starling must file and serve her response, if any, no later than 1/14/22. Signed by Hon. Charles J. Siragusa on 12/16/21. Copy of this NEF mailed to Cristal Starling at 466 1/2 West Main Street, Apt. 401, Rochester, NY 14608.. Signed by Hon. Charles J. Siragusa on 12/16/21. (KAP) |
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| Wednesday, December 15, 2021 | ||
| 11 | 11
motion
Strike
Wed 12/15 10:01 AM
First MOTION to Strike Late Claim and Answer by United States of America.(Carducci, Grace) |
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| Friday, December 03, 2021 | ||
| 10 | 10
misc
Memorandum/Brief
Fri 12/03 1:52 PM
MEMORANDUM/BRIEF by Cristal Starling. (JHF) |
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| Tuesday, November 30, 2021 | ||
| 9 | 9
respoth
Claim
Tue 11/30 2:03 PM
CLAIM by Cristal Starling. (JHF) |
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| Friday, September 03, 2021 | ||
| 8 | 8
motion
Entry of Default
Fri 09/03 2:30 PM
First MOTION for Entry of Default against $8,040.00 United States Currency by United States of America.(Carducci, Grace) |
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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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Att: 4
Exhibit D
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| Tuesday, August 24, 2021 | ||
| 7 | 7
order
Clerk's Entry of Default
Tue 08/24 2:50 PM
Clerk's ENTRY OF DEFAULT as to $8,040.00 United States Currency (TF) |
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| Friday, August 20, 2021 | ||
| 6 | 6
misc
Request for Clerk's Entry of Default
Fri 08/20 4:13 PM
REQUEST for Clerk's Entry of Default by United States of America against $8,040.00 United States Currency.(Carducci, Grace) |
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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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| 5 | 5
misc
Declaration
Fri 08/20 10:15 AM
DECLARATION filed by United States of America Declaration of Publication . (Carducci, Grace) |
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| Monday, July 26, 2021 | ||
| 4 | 4
service
Certificate of Service
Mon 07/26 9:24 AM
CERTIFICATE OF SERVICE by United States of America (Carducci, Grace) |
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| Tuesday, June 22, 2021 | ||
| 3 | 3
service
Warrant Returned
Wed 06/23 11:11 AM
WARRANT IN REM Returned executed on 6/22/2021 as to US Currency DEA, Rochester, NY.(TF) |
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| Monday, April 19, 2021 | ||
| 2 | 2
service
Notice of Complaint for Forfeiture Against Real Property
Mon 04/19 9:58 AM
Notice of Complaint for Forfeiture Against Real Property/Arrest Warrant in Rem Issued (TF) |
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utility
Case Assigned/Reassigned
Mon 04/19 9:52 AM
Case assigned to Hon. Charles J. Siragusa. Notification to Chambers of on-line civil opening. (TF) |
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notice
Notice of Availability of Magistrate Judge
Mon 04/19 9:53 AM
Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at[LINK:http://www.uscourts.gov/services-forms/forms] . (TF) |
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| Friday, April 16, 2021 | ||
| 1 | 1
cmp
Complaint
Fri 04/16 9:07 AM
COMPLAINT against $8,040.00 United States Currency, filed by United States of America.(Carducci, Grace) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Supplement Arrest Warrant in rem
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