Free Motion to Dismiss - District Court of Connecticut - Connecticut

Case 3:03-cv-01033-SRU

Document 29

Filed 03/14/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT UNITED STATES OF AMERICA, : : Plaintiff, : : v. : : ONE PARCEL OF PROPERTY : LOCATED AT 171 LINCOLN AVENUE, : NEW LONDON, CONNECTICUT, : WITH ALL APPURTENANCES AND : IMPROVEMENTS THEREON, AND : : Defendant. : : [CLAIMANTS: ROBERT A. VENTURINI, : JR., ESTATE OF EDWIN C. JACKSON, : CITY OF NEW LONDON, LAWRENCE : AND MEMORIAL HOSPITAL, AND : STATE OF CONNECTICUT] :

Civil No. 3:03CV1033(SRU)

March 11, 2005

MOTION TO DISMISS CASE Plaintiff, United States of America, hereby moves the court to dismiss the abovecaptioned case, and states as follows: On June 11, 2003, a Verified Complaint of Forfeiture was filed in the above-captioned action, and a related civil forfeiture action entitled United States v. 62 Cutler Street, New London, Connecticut, Civil No. 3:03CV1033(SRU). The Complaints allege that the Property Defendants were used or intended to be used in any manner or part to commit or to facilitate the commission of a violation of the Controlled Substances Act, 21 U.S.C. §§ 801 et seq. On January 6, 2005, the parties entered into a Stipulation for Compromise Settlement in both civil-forfeiture cases. Pursuant to the Stipulations, the Claimant, Robert Venturini, Jr. consented to the entry of a Decree of Forfeiture, forfeiting the property located at 62 Cutler Street

Case 3:03-cv-01033-SRU

Document 29

Filed 03/14/2005

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to the United States, and the United States agreed, that upon entry of the Decree of Forfeiture as to 62 Cutler Street, it would dismiss the above-captioned case, and record a Release of Lis Pendens on the New London land records for the Property located at 171 Lincoln Avenue. On February 25, 2005, the Court granted a Decree of Forfeiture, forfeiting the property located at 62 Cutler Street in New London, Connecticut, to the United States of America. In accordance with the terms of the Stipulation for Compromise Settlement, the United States now moves to dismiss the above-captioned action. Respectfully submitted, KEVIN J. O'CONNOR UNITED STATES ATTORNEY

JOHN B. HUGHES CHIEF, CIVIL DIVISION ASSISTANT U.S. ATTORNEY P.O. BOX 1824 NEW HAVEN, CT 06508 (203) 821-3700 FEDERAL BAR # ct05289

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Case 3:03-cv-01033-SRU

Document 29

Filed 03/14/2005

Page 3 of 3

CERTIFICATE OF SERVICE This is to certify that a copy of the within in and foregoing Motion to Dismiss Case has been mailed, postage prepaid, on this 11th day of March, 2005, to: Anthony R. Basilica, Esq. 37 Granite Street New London, CT 06320 Mark Solak, Esq. Devine & Associates One Exchange Place, 6th Floor Waterbury, CT 06702 Gary G. Williams Assistant Attorney General P.O. Box 120 Hartford, CT 06141 (Counsel for State of Connecticut) Brian K. Estep, Esq. Conway & Londregan, P.C. 38 Huntington Street New London, CT 06320 (Counsel for City of New London) Patricia H. Modzelewski, Esq. Peck & Tuneski, P.C. 10 Pearl Street P.O. Box 37 New London, CT 06320 (Counsel for the Estate of E. Barbara Jackson) Lawrence & Memorial Hospital Legal Department 365 Montauk Avenue New London, CT 06320

JOHN B. HUGHES ASSISTANT U.S. ATTORNEY

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