A federal judge has ordered Andy Bowdoin, AdSurfDaily Inc. and Bowdoin/Harris Enterprises Inc. to show cause by Aug. 7 why a series of motions filed by Bowdoin as a pro se litigant should not be denied.
Judge Rosemary Collyer noted in the order that Charles A. Murray, a paid attorney Bowdoin had hired after Bowdoin was advised months ago that a corporation could not proceed pro se, has not followed up on initial pleadings.
“Eventually, [Murray] entered an appearance for all three claimants (Dkt. ## 59 & 60), and then filed a First Motion to Withdraw Notice (Other) For Leave to Withdraw Notice of Rescission (Dkt. # 66). In this First Motion, counsel explained that he ‘require[d] time to evaluate the facts and circumstances of the matter but that all claimants, through counsel, ‘intend to resubmit this Motion to Rescind on or before May 15, 2009.’”
Using stark language, Collyer said she has heard nothing from Bowdoin or his lawyer since May.
“It is now July 24, 2009, and nothing further has been heard from counsel, Mr. Bowdoin, ASD, or Bowdoin/Harris Enterprises, Inc.,” Collyer said.
“THEREFORE, Mr. Bowdoin, ASD, and Bowdoin/Harris Enterprises, Inc. are ORDERED TO SHOW CAUSE no later than August 7, 2009, why the Court should not DENY all pending motions and ORDER this civil forfeiture matter to proceed based on their release of claims and consent to forfeiture,” Collyer concluded.
Federal prosecutors say more than $65 million was seized from ASD last year.
Read the judge’s order.