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USA v. $229,590.00 in United States Currency Seized from a Safe in the Home of Dallas County Commissioner John Wiley Price

MOTION for Default Judgment, Motion to Strike Price and Fain, and RESPONSE re: 32 Motion to File an Out-of-Time Answer against Dapheny Fain, John Wiley Price

25 Cited authorities

  1. Pioneer Investment Services Company v. Brunswick Associates Limited Partnership

    507 U.S. 380 (1993)   Cited 7,811 times   14 Legal Analyses
    Holding that clients must be held accountable for the acts and omissions of their attorneys

  2. U.S. v. U.S. Currency

    484 F.3d 662 (3d Cir. 2007)   Cited 121 times
    Holding the district court did not abuse its discretion by granting a default judgment to the Government because the claimant did not meet the statutory requirements

  3. Halicki v. Louisiana Casino Cruises, Inc.

    151 F.3d 465 (5th Cir. 1998)   Cited 148 times
    Holding that Pioneer's excusable neglect standard applies to civil cases outside the bankruptcy context

  4. Prizevoits v. Indiana Bell Telephone Co.

    76 F.3d 132 (7th Cir. 1996)   Cited 148 times
    Finding inexcusable neglect where experienced federal litigator failed to properly interpret time limit for filing a notice of appeal where plain language of the rule was unambiguous

  5. In re Pettle

    410 F.3d 189 (5th Cir. 2005)   Cited 108 times
    Finding no Rule 60(b) relief where plaintiff chose to voluntarily dismiss action with prejudice

  6. U.S. v. $38,570 U.S. Currency

    950 F.2d 1108 (5th Cir. 1992)   Cited 132 times
    Holding that "[the claimant's] claim of ownership," in the verified claim, "coupled with the government's allegations of [the claimant's] involvement with the seized res" in the complaint, are sufficient to establish standing

  7. Peters v. U.S.

    9 F.3d 344 (5th Cir. 1993)   Cited 125 times
    Holding that certified mail does not satisfy "delivery" under Rule 4(e)

  8. U.S. v. U.S. Currency $81,000.00

    189 F.3d 28 (1st Cir. 1999)   Cited 83 times
    Holding that a claimant has standing to assert a claim to the defendant funds where he exercised sufficient control over the funds in a bank account in which he was a co-signer

  9. U.S. v. Accounts Nos. 3034504504 and 144-07143

    971 F.2d 974 (3d Cir. 1992)   Cited 101 times
    Holding that a claimant submits to personal jurisdiction by appearing in an in rem civil forfeiture action

  10. U.S. v. Clark

    193 F.3d 845 (5th Cir. 1999)   Cited 76 times
    Holding that the defendant has the burden of showing collateral consequences

  11. Rule 60 - Relief from a Judgment or Order

    Fed. R. Civ. P. 60   Cited 54,253 times   147 Legal Analyses
    Granting relief from the operation of a judgment

  12. Rule 6 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Civ. P. 6   Cited 49,437 times   24 Legal Analyses
    Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

  13. Rule 4 - Appeal as of Right-When Taken

    Fed. R. App. P. 4   Cited 6,034 times   2 Legal Analyses
    Granting an appeal of right for civil cases where notice of appeal is filed within thirty days after entry of judgment

  14. Section 981 - Civil forfeiture

    18 U.S.C. § 981   Cited 3,761 times   33 Legal Analyses
    Adopting 19 U.S.C. § 1602 et seq.

  15. Section 983 - General rules for civil forfeiture proceedings

    18 U.S.C. § 983   Cited 2,816 times   8 Legal Analyses
    Noting that for purposes of the innocent owner defense to civil forfeiture, "no person may assert an ownership interest under this subsection in contraband or other property that it is illegal to possess"