United States of America v. 2007 BMW Convertible 650i, VIN: WBAEK13577CN80379, License Number 6CBS415

Filing 37

Default Judgment and Final Judgment of Forfeiture signed by Judge Oliver W. Wanger on 12/18/2009. (Bradley, A)

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BENJAMIN B. WAGNER United States Attorney DEANNA L. MARTINEZ Assistant United States Attorney United States Courthouse 2500 Tulare Street, Suite 4401 Fresno, California 93721 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

) 1:09-CV-00009-OWW-SMS ) Plaintiff, ) DEFAULT JUDGMENT AND FINAL ) JUDGMENT OF FORFEITURE v. ) ) 2007 BMW CONVERTIBLE 650i, VIN: ) WBAEK13577CN80379, ) LICENSE NUMBER 6CBS415, ) ) Defendant. ) _____________________________________) This matter is before the Court on plaintiff United States' Ex Parte Motion for Default Judgment and Final Judgment of Forfeiture filed August 7, 2009. The Magistrate Judge has recommended that the United States' motion for default judgment be granted. The time for objecting to the Order Vacating Hearing on Plaintiff's Motion for Default Judgment and Deeming Matter Submitted for Decision (Doc. 28) Findings and Recommendations Re: Plaintiff's Motion for Default Judgment (Doc. 28) Order Directing Plaintiff to Serve These Findings and Recommendations on All Potential Claimants and File a Proof of Service of the Magistrate Judge have passed and no timely objections have been filed. An Order Adopting Findings and Recommendations (Doc. 32) Order Granting Motion for Default Judgment (Doc. 28) Order Directing Clerk to Enter Judgment -andFinal Judgment of Forfeiture for Plaintiff was filed on December 15, 2009. Based on the Magistrate Judge's Order Vacating Hearing on Plaintiff's Motion for Default Judgment and Deeming Matter
DEFAULT JUDGMENT AND FINAL JUDGMENT OF FORFEITURE

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Submitted for Decision (Doc. 28) Findings and Recommendations Re: Plaintiff's Motion for Default Judgment (Doc. 28) Order Directing Plaintiff to Serve These Findings and Recommendations on All Potential Claimants and File a Proof of Service , the Order Adopting Findings and Recommendations (Doc. 32) Order Granting Motion for Default Judgment (Doc. 28) Order Directing Clerk to Enter Judgment -and- Final Judgment of Forfeiture for Plaintiff, and the files and records of the Court, it is ORDERED, ADJUDGED, AND DECREED: 1. The Court adopts the Magistrate Judge's October 27, 2009 Order Vacating Hearing

on Plaintiff's Motion for Default Judgment and Deeming Matter Submitted for Decision (Doc. 28) Findings and Recommendations Re: Plaintiff's Motion for Default Judgment (Doc. 28) Order Directing Plaintiff to Serve These Findings and Recommendations on All Potential Claimants and File a Proof of Service in full. 2. in default. 3. A judgment by default is hereby entered against any right, title, or interest in the Guadalupe Avina, Jorge Leal, Elisa Leal, Johanna Leal, and Vanessa Leal are held

defendant 2007 BMW Convertible 650i, VIN: WBAEK13577CN80379, License Number 6CBS415 of Guadalupe Avina, Jorge Leal, Elisa Leal, Johanna Leal, Vanessa Leal, and all other potential claimants who have not filed claims in this action. 4. A final judgment is hereby entered forfeiting all right, title, and interest in the

defendant 2007 BMW Convertible 650i, VIN: WBAEK13577CN80379, License Number 6CBS415 to the United States of America, to be disposed of according to law, including all right, title, and interest of Guadalupe Avina, Jorge Leal, Elisa Leal, Johanna Leal, and Vanessa Leal. 5. All parties shall bear their own costs and attorneys' fees.

SO ORDERED, this 18th day of December, 2009. /s/ OLIVER W. WANGER OLIVER W. WANGER United States District Judge

DEFAULT JUDGMENT AND FINAL JUDGMENT OF FORFEITURE

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