United States of America v. $365,600.00 from Investar Bank, No. 3:2021cv00042 - Document 45 (M.D. La. 2022)

Court Description: OPINION adopting 43 Report and Recommendations. Granting 41 Motion to Strike, and the Claim and Answer are STRICKEN WITHOUT PREJUDICE to the extent they were filed on behalf of Albritton Home Construction Group, Inc., because Hebert is not an at torney who can assert claims on Albritton's behalf; and are STRICKEN WITH PREJUDICE, to the extent they were filed by Hebert personally, as he has no cause of action to contest forfeiture. 7 Motion to Dismiss is DISMISSED WITH PREJUDICE because Hebert does not have standing to contest forfeiture. Signed by Judge John W. deGravelles on 3/15/2022. (EDC)

Download PDF
United States of America v. $365,600.00 from Investar Bank Doc. 45 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA IN RE: $365,600.00 FROM INVESTAR BANK ACCOUNT NO. 4004089462 IN THE NAME OF ALBRITTON HOME CONSTRUCTION GROUP, INC. CIVIL ACTION NO. 21-42-JWD-EWD OPINION After independently reviewing the entire record in this case and for the reasons set forth in the Magistrate Judge's Reports dated February 25, 2022, (Doc.43), to which an objection (Doc. 44) was filed and considered; Because Hebert cannot act on behalf of Albritton and he has not established prudential standing to personally contest the forfeiture, IT IS ORDERED that the USA’s Motion to Strike the Claims and Answer of Richard Hebert, Jr., (Doc. 41) is GRANTED, and the Claim and Answer, filed by Hebert are STRICKEN WITHOUT PREJUDICE to the extent they were filed on behalf of Albritton Home Construction Group, Inc., because Hebert is not an attorney who can assert claims on Albritton’s behalf; and are STRICKEN WITH PREJUDICE, to the extent they were filed by Hebert personally, as he has no cause of action to contest forfeiture. IT IS FURTHER ORDERED that the Motion to Dismiss the USA’s Complaint (Doc. 7), filed by Richard Hebert, Jr., is DISMISSED WITH PREJUDICE because Hebert does not have standing to contest forfeiture. Signed in Baton Rouge, Louisiana, on March 15, 2022. S JUDGE JOHN W. deGRAVELLES UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA Dockets.Justia.com

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.