United States of America v. 452 Plastic Crates et al

Filing 13

DEFAULT JUDGMENT AND DECREE OF CONDEMNATION FORFEITURE, AND DESTRUCTION re 452 Plastic Crates, All Other Vacuum-Packaged ready to eat seafood products by Judge S. James Otero (lc)

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ANDRÉ BIROTTE JR.
United States Attorney
ROBERT E. DUGDALE
Assistant United States Attorney
Chief, Criminal Division
STEVEN R. WELK
California Bar No. 149883
Assistant United States Attorney
Chief, Asset Forfeiture Section
Federal Courthouse, 14th Floor
312 North Spring Street
Los Angeles, California 90012
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff
United States of America
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION

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UNITED STATES OF AMERICA

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Plaintiff,

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v.

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452 plastic crates, more or
less, of various sizes ofvacuum-packaged, ready-to-eat,
fried and cooked seafood, fish
paste, and tempura, labeled in
part:

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(package)

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"*** MEIKO *** COOKED CUTTLE
FISH BALLS, (or "COOKED
FISH BALLS," or "COOKED MILK
FISH BALLS," or "COOKED POLLOCK
FISH BALLS," or "COOKED SCALLOP
BALLS," or "COOKED SEAFOOD
BALLS," or "COOKED SHRIMP
BALLS," or "FRIED CUTTLE FISH
BALLS," or "FRIED FISH CAKE,"
or "FRIED SCALLOP BALLS," or
"FRIED SHRIMP BALLS," or "FRIED
SHRIMP CAKE," or "FRIED SQUID
NUGGETS," or "TEMPURA," or
"FISH PATTY," or "FISH PASTE")
*** MADE IN U.S.A. *** MEIKO
FOOD CO, INC., S. EL MONTE,
CA ***,"

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No. CV-11-5980-SJO (SSx)
DEFAULT JUDGMENT AND
DECREE OF CONDEMNATION,
FORFEITURE, AND
DESTRUCTION
DATE: April 2, 2012
TIME: 10:00 a.m.
Before the Honorable
S. James Otero, United
States District Judge

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and
all other vacuum-packaged,
ready-to-eat seafood products,
that are similarly labeled or
unlabeled, that has been
processed and packed by Meiko
Food, and are located anywhere
on the premises of Meiko Food
Company, Inc., 2526 Chico Ave.,
South El Monte, CA,
Defendants.

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On July 20, 2011, a Verified Complaint for Forfeiture
against the above-captioned articles (“Defendant Articles”) was

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lodged in this Court, and filed on August 2, 2011.
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The Verified

Complaint for Forfeiture alleges that the Defendant Articles of
food are adulterated while held for sale after shipment of one or
more of their ingredients in interstate commerce within the
meaning of the Act, 21 U.S.C. § 342(a)(4), in that they have been
prepared, packed, and held under insanitary conditions whereby
they may have been rendered injurious to health.

Thus, the

Defendant Articles are subject to seizure, condemnation, and
forfeiture to the United States under 21 U.S.C. § 334.
Pursuant to a Warrant for Arrest issued by this Court, the
United States Marshal for this district seized the Defendant
Articles on August 24, 2011.
It appearing that process was duly issued in this action and

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returned according to law; that public notice of the arrest and

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seizure of the Defendant Articles was given according to law; and

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that no person or entity has appeared to claim the Defendant

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Articles within the time specified by the Warrant for Arrest and

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Rule G(5)(a)(ii) of the Supplemental Rules for Admiralty or

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Maritime Claims and Asset Forfeiture Actions, it is on motion of

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the United States for a Default Judgment and Decree of

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Condemnation, Forfeiture, and Destruction, hereby:

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ORDERED, ADJUDGED, AND DECREED, pursuant to Rule 55(b)(2) of

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the Federal Rules of Civil Procedure, that the default of all

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persons and entities having any right, title, or interest in the

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Defendant Articles under seizure, including Meiko Food Company,

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Inc., be and is hereby entered; and it is further

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ORDERED, ADJUDGED, AND DECREED, that the Defendant Articles

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are adulterated while held for sale after shipment of one or more

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of their ingredients in interstate commerce within the meaning of

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the Act, 21 U.S.C. § 342(a)(4), in that they have been prepared,

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packed, and held under insanitary conditions whereby they may

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have been rendered injurious to health; and it is further

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ORDERED, ADJUDGED, AND DECREED, pursuant to 21 U.S.C. § 334,

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that the United States Marshal for this district shall forthwith

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destroy the forfeited and condemned Defendant Articles and make

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due return to this Court.

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complies with the National Environmental Policy Act of 1969 and

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in the presence of a representative from the United States Food

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and Drug Administration.

Destruction shall be in a manner that

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DATED: April 3, 2012

____________________________
THE HONORABLE S. JAMES OTERO
UNITED STATES DISTRICT JUDGE

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PRESENTED BY:
ANDRÉ BIROTTE JR.
United States Attorney
ROBERT E. DUGDALE
Assistant United States Attorney
Chief, Criminal Division
/S/ Steven R. Welk
STEVEN R. WELK
Assistant United States Attorney
Chief, Asset Forfeiture Section
Attorneys for Plaintiff
United States of America

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