United States of America v. Approximately $256,533.57 in U.S. Currency

Filing 4

ORDER For Publication signed by Magistrate Judge Gary S. Austin on 9/29/2010. (Esteves, C)

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United States of America v. Approximately $256,533.57 in U.S. Currency Doc. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: (559) 497-4000 Facsimile: (559) 497-4099 Attorneys for Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, ) 1:10-CV-01630-LJO-GSA ) Plaintiff, ) APPLICATION AND ORDER FOR ) PUBLICATION v. ) ) APPROXIMATELY $256,533.57 IN U.S. ) CURRENCY, ) ) Defendant. ) _____________________________________) 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 notice of the action to be given in a newspaper of general circulation or on the official internet government forfeiture site; 2. Local Rule 171, Eastern District of California, provides that the Court shall designate by order the appropriate newspaper or other vehicle for publication; 3. The defendant approximately $256,533.57 in U.S. Currency (hereafter "defendant currency") was seized in the city of Santa Rosa, Sonoma County, California. The Federal Bureau of Investigation published notice of the non-judicial forfeiture of the defendant currency on May 21, 28, and June 4, 2010, in the Wall Street Journal. /// APPLICATION AND ORDER FOR PUBLICATION Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 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 (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 21 days after the filing of the claims and, in the absence thereof, default may be entered and condemnation ordered. Dated: September 28, 2010 BENJAMIN B. WAGNER United States Attorney /s/ Deanna L. Martinez DEANNA L. MARTINEZ Assistant United States Attorney ORDER 24 25 IT IS SO ORDERED. 26 27 28 Dated: 6i0kij September 29, 2010 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE APPLICATION AND ORDER FOR PUBLICATION 2

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