Legal Opinion

United States v. One Red 2003 Hummer H2 VIN: 5GRGN23U93H118675

District Court, W.D. New York

Decided January 4, 2017No. 13-CV-993SPublishedCited by 4 opinions

1Opinion of the Court

DECISION AND ORDER

WILLIAM M. SKRETNY, United-States District Judge

I. INTRODUCTION

In this action, the government seeks forfeiture of a red 2003 Hummer H2 (the “Vehicle”) under 21 U.S.C. §§ 881(a)(4) and (a)(6). Claimant Ivory Payne (“Payne”) contests the forfeiture and seeks return of the Vehicle, which is titled to him. Presently before this Court is the government’s motion for summary judgment or, in the alternative, to dismiss Payne’s claim for lack of standing. For the following reasons, the government’s motion to dismiss is denied, but its motion for summary judgment is granted.

II.…

2Cases cited17 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  3. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  4. Grishelda Bryant v. John J. Maffucci, Dawn Thackeray, Yvonne Powell, Norwood Jackson and Dr. Edward AllanCourt of Appeals for the Second Circuit · 1991
  5. Robert J. Rule v. Brine, Inc., Also Known as W.H. Brine Company, and William H. Brine, Jr.Court of Appeals for the Second Circuit · 1996

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3Cited by4 opinions

  1. United States v. $14,100.00 in U.S. CurrencyDistrict Court, N.D. New York · 2024
  2. United States v. 14K Miami Cuban Chain, VL: $23,000.00District Court, N.D. New York · 2023
  3. United States v. Approximately Five Hundred Forty-One Thousand Nine Hundred Fifty-Three Dollars and Zero Cents ($541,953.00) Seized from JP Morgan Chase Na Account Number 928805297 Held In The Name of Jiawig Trade Inc.District Court, E.D. New York · 2025
  4. United States v. Real Property commonly known as 423-425 NYS Route 32, Schuylerville, New YorkDistrict Court, N.D. New York · 2020

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