United States of America v. 2002 AMGN UT Hummer et al

Filing 6

ORDER re Application for Publication signed by Magistrate Judge Gary S. Austin on 9/17/2009. (Timken, A)

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LAWRENCE G. BROWN 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,

) ) Plaintiff, ) ) v. ) ) ) 2002 AMGN UT HUMMER, ) VIN:137FA90382E200946, LICENSE ) NO. 5JEU580, ) ) 1970 FORD MUSTANG FASTBACK, ) VIN: 0R02F100917, LICENSE NO. ) 2YSD525, ) ) 2004 PACE AMERICAN CARRY ON ) UTILITY TRAILER, VIN: ) 4P2FB12124U054420, and ) ) 2007 FOUR WINNS 220 HORIZON ) BOAT, VIN: GFNMA1451607, ) ) Defendants. ) ) __________________________________ )

1:09-CV-01614-OWW-GSA APPLICATION AND ORDER FOR PUBLICATION

The United States of America, Plaintiff herein, applies for an order of publication as follows: 1. Rule G(4) of the Supplemental Rules for Admiralty or Maritime Claims and Asset

Forfeiture Actions (hereafter "Supplemental Rules") provides that the Plaintiff shall cause public 1
APPLICATION AND ORDER FOR PUBLICATION

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notice of the action to be given in a newspaper of general circulation or on the official internet government forfeiture site; 2. Local Rule 83-171, Eastern District of California, provides that the Court shall

designate by order the appropriate newspaper or other vehicle for publication; 3. The defendants a 2002 AMGN UT Hummer, VIN:137FA90382E200946, License

No. 5JEU580 2001 (defendant Hummer); a1970 Ford Mustang Fastback, VIN: 0R02F100917, License No. 2YSD525 (defendant Mustang); and a 2004 Pace American Carry on Utility Trailer, VIN: 4P2FB12124U054420 (defendant trailer) hereafter collectively "defendant vehicles," and defendant 2007 Four Winns 220 Horizon Boat, VIN: GFNMA1451607 (hereafter "defendant water craft") were seized in the city of Woodlake, Tulare County, California, and are in the custody of the U.S. Marshals Service, Eastern District of California. The Drug Enforcement Administration published notice of the nonjudicial forfeiture of the defendant Hummer and defendant Mustang on June 1, 8, and 15, 2009, in the Wall Street Journal. The Drug Enforcement Administration published notice of the nonjudicial forfeiture of the defendant trailer and defendant water craft of June 8, 15, and 22, 2009, in the Wall Street Journal. 4. Plaintiff proposes that publication be made as follows: a. b. c. d. One publication; Thirty (30) consecutive days; On the official internet government forfeiture site www.forfeiture.gov; The publication is to include the following: (1) (2) (3) (4) (5) The Court and case number of the action; The date of the seizure/posting; The identity and/or description of the property seized/posted; The name and address of the attorney for the Plaintiff; A statement that claims of persons entitled to possession or

claiming an interest pursuant to Supplemental Rule G(5) must be filed with the Court and served on the attorney for the Plaintiff no later than 60 days after the first day of publication on the official internet government forfeiture site; and 2
APPLICATION AND ORDER FOR PUBLICATION

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(6)

A statement that answers to the Complaint or a motion under Rule

12 of the Federal Rules of Civil Procedure ("Fed. R. Civ. P.") must be filed and served within 20 days after the filing of the claims and, in the absence thereof, default may be entered and condemnation ordered. Dated: 9/11/09 LAWRENCE G. BROWN United States Attorney /s/ Deanna L. Martinez DEANNA L. MARTINEZ Assistant United States Attorney ORDER

10 IT IS SO ORDERED. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3
APPLICATION AND ORDER FOR PUBLICATION

Dated: 6i0kij

September 17, 2009

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE