United States of America v. David Jankowski, et al.

Summary

The United States District Court for the Eastern District of Michigan addresses the United States’ motion to strike third-party objections concerning the distribution of proceeds from the anticipated sale of property subject to a criminal judgment lien. The court grants the motion insofar as the objections could be construed as challenging the sale, but holds the motion in abeyance regarding the objectors’ claimed entitlement to reimbursement for property-related expenses and orders the parties to confer.

Holdings

1. The pending appeal from the denial of intervention did not divest the district court of jurisdiction to consider the nonparties' independent objection concerning reimbursement of property-related expenses, because that issue was unrelated to the merits of the appeal and did not challenge the sale.
2. The United States' motion to strike was granted insofar as the nonparties' objection could be construed as opposing the sale of the property, allowing the planned sale to proceed to closing.
3. The court did not finally resolve whether the nonparties were entitled to reimbursement or an equitable lien on the sale proceeds; it held the motion to strike that portion of the objection in abeyance and directed further proceedings.

Questions Presented

1. Whether the pendency of Paula Jankowski's appeal from the denial of intervention deprived the district court of jurisdiction to consider the nonparties' objection and the motion to strike.
2. Whether the nonparties' objection should be stricken insofar as it challenged the sale of the property.
3. Whether the nonparties' request for reimbursement of property-related expenses should be stricken before the court further considered their asserted entitlement to payment from the sale proceeds.

Disposition

other