UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION 

CASE NO. 20-cv-23278 GAYLES/GOODMAN

UNITED STATES OF AMERICA,

Plaintiff,

v. 

ALL RIGHT TO AND INTEREST IN PNC

CORPORATE PLAZA HOLDINGS LLC HELD,

CONTROLLED, OR ACQUIRED, DIRECTLY OR

INDIRECTLY, BY OPTIMA CBD INVESTMENTS

LLC AND/OR CBD 500 LLC, INCLUDING ANY

INTEREST HELD IN OR SECURED BY THE REAL 

PROPERTY AND APPURTENANCES LOCATED 

AT 500 WEST JEFFERSON STREET, LOUSIVILLE, 

KY 40202, et al.,

Defendants.

_______________________________________/

POST-HEARING ADMINISTRATIVE ORDER1

On July 8, 2022, the Undersigned held an in-person hearing on Claimants’ 

Renewed Motion to Dismiss. [ECF Nos. 78; 142]. At the hearing, the Undersigned ordered

1 This Order imposes an additional filing requirement on the United States and 

separate new substantive filing requirement on both parties. Those new requirements 

have deadlines, of course, so the parties should carefully read this Order to understand 

their additional substantive assignments and the new deadlines associated with them.

The Undersigned has also increased the page limits, where appropriate, when an 

additional issue or sub-issue has been added to the post-hearing supplemental briefing 

assignment.

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as follows:

Topic No. 1:

By July 29, 2022, the parties shall each file a notice on CM/ECF informing the Court,

on an exhibit-by-exhibit basis, that party’s position on whether the Court can consider 

the specific exhibit at the motion to dismiss stage. If the party is relying on legal authority 

to back its position, then the notice shall contain the case or cases supporting the party’s 

position that the exhibit is either proper or improper for consideration at the motion to 

dismiss stage.

Topic No. 2:

By August 22, 2022, the parties shall each submit a memorandum of law on 

whether abstention under international comity is mandatory and whether a court can be 

reversed for not dismissing a case on international comity grounds if the relevant factors 

have been established. In addition, each memorandum should also discuss whether 

comity-type abstention is ever appropriate in a civil lawsuit filed by the United States (or 

whether it is merely difficult or challenging or rare, though still technically possible). The 

memoranda shall not exceed eight double-spaced pages (for all issues discussed in this 

paragraph), size 14 font, excluding signature block and certificate of service. No 

responses will be permitted absent further Court Order.

Topic No. 3:

The United States shall by July 29, 2022 submit a notice explaining whether it has 

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ever filed or pursued an in rem civil forfeiture lawsuit in the United States arising from 

fraud or other criminal activity in another country when a court in that country has 

determined that no fraud or other criminal activity occurred. If there are such cases, then 

the United States shall list the names and case styles. 

Topic No. 4:

The record concerning the interlocutory sale of the Defendant property appears 

confusing (at least to me). At last Friday’s hearing, Government counsel advised me that 

the Defendant property had been sold in a Court-approved interlocutory sale. This struck

me as procedurally odd, as the real estate itself is not the in rem Defendant. 

The Undersigned acknowledges that the Court in 20-23279 entered an Ex Parte 

Restraining Order [ECF No. 5] which, in part, authorized, in paragraph 5e, 500 West 

Jefferson Street LLC to consummate the sale as agreed to in the Purchase and Sale 

Agreement dated July 17, 2020 and amended on July 23, 2020. Because this Courtauthorized sale might impact Claimants’ arguments concerning the identification or 

misidentification of the appropriate res, the Undersigned would like additional 

documentation and information.

Specifically, by July 29, 2022, the United States shall file the following materials 

concerning the interlocutory sale of the Defendant property:

1. A notice specifically explaining the precise nature of what was sold in the 

interlocutory sale.

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2. A copy of the purchase agreement, including the amended version.

3. A copy of the listing for the property which resulted in the interlocutory sale.

4. A copy of the deed (or other transfer of interest document) arising from the

interlocutory sale.

5. Copies of all title policies issued in connection with the interlocutory sale.

6. Copies of all communications between the United States and the interlocutory

sale purchaser, including communications with the purchaser’s attorney or agent, 

concerning the specific description of the property being sold in the interlocutory sale 

and the nature of the property interest being conveyed.

Topic No. 5:

By August 22, 2022, the parties shall each file a memorandum of law on (1) whether 

the Government has properly named the asset to be forfeited and (2) whether the 

Complaint adequately alleges a substantial connection between the specific property 

named (atypically, as appears to be the case) and the alleged illegal activity. The 

memoranda shall not exceed fifteen double-spaced pages, size 14 font, excluding 

signature block and certificate of service. The memoranda should, of course, include a 

discussion of the sale-related Notice (required above) and documents which the United 

States will provide in response to this Order. No responses will be permitted absent 

further Court Order.

Topic No. 6:

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By August 12, 2022, Claimants shall submit a memorandum of law on whether 

Kentucky foreclosure law extinguishes all prior liens in a manner similar to the California 

law discussed by the Ninth Circuit in United States v. Real Prop. at 2659 Roundhill Dr., 

Alamo, Cal., 194 F.3d 1020, 1026 (9th Cir. 1999). The United States shall file a response 

memorandum by August 22, 2022. The memoranda shall not exceed seven double-spaced 

pages, size 14 font, excluding signature block and certificate of service. No reply will be 

permitted absent further Court Order.

DONE AND ORDERED in Chambers, in Miami, Florida, on July 11, 2022. 

Copies furnished to:

The Honorable Darrin P. Gayles

All counsel of record

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