IN THE CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA BESSEMER DIVISION
STATE OF ALABAMA,)Plaintiff,))V.)Case No.: CV-2011-900213.00)ANCHOR CLUB,)GATEWAY GAMING LLC,)WHITE ROBERT D,)MOORE JASON S ET AL,)Defendants.)
This cause came before the Court on the States Motion for Summary Judgment filed pursuant to Rule 56. Upon considering the States unopposed Motion for Summary Judgment, attached brief, affidavits and exhibits, and considering the stipulations by intervening parties in this case, it is hereby ORDERED, ADJUDGED and DECREED: 1.This case is ripe for final judgment on a Motion for Summary Judgment as there appears to be no genuine issue of material facts that are in dispute between the parties. This Court is satisfied with the evidence presented before it, concerning how the seized devices and machines operated at Anchor Club at the time they were taken pursuant to a search warrant on April 4, 2011. This Court is also satisfied that sufficient evidence has been presented to connect the seized currency to the seized devices and machines at Anchor Club. Since there are no disputed facts in this case, all that is left is for this Court to apply the relevant Alabama law to these undisputed facts;2.The State has shown to the reasonable satisfaction of this Court that the seized devices and machines at issue in this matter were being used as gambling devices and/or slot machines in violation of, and as defined by, 13A-12-20, et seq. Ala. Code (1975), and consequently the $69,240.25 in U.S. Currency was obtained as bets and/or stakes from the use of said gambling devices;3.All gambling devices and records seized by the State of Alabama shall be destroyed or otherwise disposed of within thirty (30) days of this Order in compliance with 13A-12-30, Ala. Code (1975); and4.The $69,240.25 in U.S. Currency is to be forfeited to the State as required by 13A-12-30, Ala. Code (1975).
DONE this 14
day of April, 2014.
ELECTRONICALLY FILED4/14/2014 9:10 PM68-CV-2011-900213.00CIRCUIT COURT OFJEFFERSON COUNTY, ALABAMAKAREN DUNN BURKS, CLERK