United States of America v. One 2023 Nissan Rogue, VIN: JN8BT3BA1PW404525

Filing 19

ORDER the Report and Recommendation (Doc. 18 ) is ADOPTED and the Motion for Default Judgment (Doc. 17 ) is GRANTED. Pursuant to Rule 55(b)(2) of the Federal Rules of Civil Procedure, a default judgment be, and hereby is, entered for the United States of America against the defendant 2023 Nissan Rogue, VIN: JN8BT3BA1PW404525; all right, title and interest in Defendant 2023 Nissan Rogue, VIN: JN8BT3BA1PW404525, is hereby condemned, forfeited to and vested in the United States of America; and IT IS FURTHER ORDERED that Defendant 2023 Nissan Rogue, VIN: JN8BT3BA1PW404525, forfeited to the United States of America herein shall be disposed of according to law. Signed by Senior District Judge Raner C Collins on 03/04/2025. (VSB)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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United States of America,
Plaintiff,

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v.

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One
2023
Nissan
JN8BT3BA1PW404525,

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ORDER

Rogue,

VIN:

Defendant.

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No. CV-24-00454-TUC-BGM

WHEREAS, on September 17, 2024, the government filed the Complaint for

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Forfeiture

In

Rem

against

the

defendant

2023

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JN8BT3BA1PW404525 (hereinafter “Defendant Vehicle”);

Nissan

Rogue,

VIN:

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WHEREAS, on September 19, 2024, the government properly noticed putative

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claimants, Jennifer Duncan, Josephine Duncan, care of Nicholas Loncar, Esq., and Marc

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Duncan, by mailing copies of the Complaint for Forfeiture In Rem, Warrant of Arrest In

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Rem and Notice of Forfeiture Action via first class prepaid postage, certified mail, return

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receipt requested;

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WHEREAS, the government complied with the notice and publication

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requirements of Rule G(4) Supplemental Rules for Admiralty or Maritime Claims and

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Asset Forfeiture Actions;

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WHEREAS, no appearance, claim, answer or motion under Rule 12 of the Federal

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Rules of Civil Procedure was filed as required by Rule G(5) of the Supplemental Rules

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for Admiralty or Maritime Claims and Asset Forfeiture Actions and Title 18, United

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States Code, Section 983(a)(4) by putative claimants Jennifer Duncan, Josephine Duncan,

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or Marc Duncan, or any other person as to the Defendant Vehicle;

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WHEREAS, Clerk of the Court entered default as to Jennifer Duncan, Josephine
Duncan, and Marc Duncan, putative claimants; and
WHEREAS, it appearing to the Court that the Defendant Vehicle was used in the

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commission of a violation of Title 8, United States Code, Sections 1324(a)(1)(A)(ii),

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(v)(I), and (B)(i), that is, the transportation or attempted transportation of an alien within

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or into the United States, and is forfeitable pursuant to Title 8, United States Code,

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Section 1324(b)(1).

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Upon review of Magistrate Judge Bruce G. Macdonald’s Report and
Recommendation (Doc. 18) and no objections filed,
IT IS ORDERED the Report and Recommendation is ADOPTED (Doc. 18) and
the Motion for Default Judgment GRANTED (Doc. 17).

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IT IS FURTHER ORDERED pursuant to Rule 55(b)(2) of the Federal Rules of

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Civil Procedure, that a default judgment be, and hereby is, entered for the United States

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of America against the defendant 2023 Nissan Rogue, VIN: JN8BT3BA1PW404525;

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IT IS FURTHER ORDERED that all right, title and interest in Defendant 2023

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Nissan Rogue, VIN: JN8BT3BA1PW404525, is hereby condemned, forfeited to and

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vested in the United States of America; and

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IT IS FURTHER ORDERED that Defendant 2023 Nissan Rogue, VIN:

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JN8BT3BA1PW404525, forfeited to the United States of America herein shall be

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disposed of according to law.

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Dated this 4th day of March, 2025.

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