majority of the seized items on the basis that Music City’s inventory was contraband and thus could not be returned, regardless of whether or not the government properly obtained and executed its search warrant. However, the court did order the return of cigarette holders as well as a plastic tube called a “head rush,” thought to be a component that could be used in making a “bong,” which the government acknowledged were improperly seized. II. A. There is no criminal indictment or proceeding pending against Music City. Thus, Music City’s Rule 41(e) motion for the return of its property was really in the nature of a civil proceeding invoking the court’s equitable powers, rather than a criminal proceeding. See White Fabricating Co. v. United States, 903 F.2d 404, 407-08, (6th Cir.1990) (<HOLDING>); Delta Engineering v. United States, 41 F.3d
holding that district court has discretion under appropriate circumstances to rule on summary judgment motion before addressing pending class certification motion holding that rule 41e motion for return of seized property is treated as a civil equitable proceeding when criminal proceedings against moving party are not yet pending holding that rule 4as timing requirements apply to an appeal from an order granting or denying a criminal defendants motion for the return of property under fedrcrimp 41e holding that a district court has jurisdiction to consider  a rule 41e motion  filed after criminal proceedings had been completed holding that a district court has jurisdiction to entertain a rule 41e motion for the return of property before a criminal prosecution has begun believing such a motion to be in effect a civil action