United States of America v. Rolls Royce Phantom Sedan 2004, VIN #SCA1S68444UX07410
Filing
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ORDER granting the motion to seal (#7 in CV 12-1999); granting the motion to transfer (#9 in CV 12-1999); the Clerk is instructed to transfer CV 12-2337-PHX-BSB to the undersigned. Signed by Judge Frederick J Martone on 1/14/13. (NOTE: new case number is CV 12-2337-PHX-FJM)(REW)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Petitioner,
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vs.
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United States Department of Treasury, )
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Respondent.
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_________________________________ )
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United States of America,
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Plaintiff,
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vs.
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Rolls Royce Phantom Sedan 2004, VIN #)
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SCA1S68444UX07410,
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Defendant.
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Joshua Bloom,
No. CV-12-1999-PHX-FJM
No. CV-12-2337-PHX-BSB
ORDER
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The court has before it the government’s motion to seal (doc. 7) and motion to transfer
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United States v. Rolls Royce Phantom Sedan, 12-CV-2337-PHX-BSB (“Civil Forfeiture
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Action”) (doc. 9). Petitioner did not respond to either motion.
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The government asks the court to seal the motion to seal and the affidavit submitted
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in support of the motion. 18 U.S.C. § 983(f)(4) allows the government to submit evidence
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related to civil forfeiture ex parte in order to avoid disclosing any matter that may adversely
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affect an ongoing criminal investigation or trial. The government contends that disclosure
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of the subject documents at this time could jeopardize an ongoing criminal investigation.
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Petitioner did not respond to the motion to seal and the time for doing so has expired.
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Having reviewed the documents submitted under seal and finding good cause, IT IS
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ORDERED GRANTING the motion to seal (doc. 7). The clerk shall file the documents
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lodged at doc. 8 under seal.
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We also have before us the government’s motion to transfer the Civil Forfeiture
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Action to the undersigned pursuant to LRCiv 42.1. Joshua Bloom filed the instant action
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pursuant to 18 U.S.C. § 983(f), seeking the immediate return of a seized 2004 Rolls Royce
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Phantom Sedan alleging hardship (“Hardship Petition”). This is the same Rolls Royce that
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the government seeks to forfeit in the Civil Forfeiture Action. The government contends that
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both cases involve the same property, the same parties, and essentially the same facts and
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legal issues. Petitioner does not object to the transfer. Therefore, in the interest of
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conserving judicial resources, IT IS ORDERED GRANTING the motion to transfer (doc.
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9). The clerk is instructed to transfer United States v. Rolls Royce Phantom Sedan, 12-CV-
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2337-PHX-BSB, to the undersigned.
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DATED this 14th day of January, 2013.
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