Free Motion to Withdraw - District Court of Connecticut - Connecticut

Case 3:00-cv-00804-EBB

Document 14

Filed 03/31/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT UNITED STATES OF AMERICA, Plaintiff, VS. WANDA NURSE, et al., Defendants. : : Docket No. 3:00CV804 (AHN) : : : March 30, 2004 GOVERNMENT'S MOTION TO WITHDRAW The Government, through its undersigned attorney, hereby respectfully requests that it be permitted to withdraw this action, without prejudice, based upon the following reasons. This is a fraudulent conveyance action concerning real property located 30 Oakum Dock Road, East Hampton, Connecticut. The United States had recorded a lien on the subject property to secure payment of restitution imposed in United States v. Wanda Nurse, docket number 3:97CR17 (EBB). The Government commenced this fraudulent conveyance action and sought to void the conveyance of the property by Ms. Nurse in order to better secure its lien and payment of the restitution debt. The real property was also the subject of a foreclosure action brought in State Court by a mortgagee, Washington Mutual Bank. The foreclosure action has been fully adjudicated and as a result, the subject property was sold at public auction. The proceeds from the sale have been distributed, and the Government's lien has been foreclosed, along with other encumbrancers. The conclusion of the foreclosure action mooted the underlying purpose of this action. Accordingly, the Government respectfully requests to withdraw this action, without prejudice, in the interest of justice and judicial economy. Based upon the foregoing reasons, the Government respectfully requests that this motion be granted.

Case 3:00-cv-00804-EBB

Document 14

Filed 03/31/2004

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Respectfully submitted, Kevin J. O'Connor United States Attorney

Christine Sciarrino Assistant United States Attorney P.O. Box 1824 New Haven, CT 06510 (203) 821-3780 Federal No. CT3393

Case 3:00-cv-00804-EBB

Document 14

Filed 03/31/2004

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CERTIFICATION This is to certify that a copy of the foregoing was mailed, postage prepaid, on this 30th day of March, 2004, to: Wanda Wilson 30 Oakum Dock Road East Hampton, CT 06424 45 Simmons Road East Hartford, CT 06118-1133 24 Carpenter Drive East Hartford, CT 06118-2210 Donald Canty Willean Canty Andrew Nurse Joshua Nurse Alexis Nurse 30 Oakum Dock Road East Hampton, CT 06424

___________________________________ Christine Sciarrino