United States v. Approximately $460,520.00 in U.S. Currency

Filing 21

ORDER re Status Report, signed by Magistrate Judge Michael J. Seng on 12/13/2016. (Lafata, M)

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PHILLIP A. TALBERT
United States Attorney
JEFFREY A. SPIVAK
Assistant United States Attorney
United States Courthouse
2500 Tulare Street, Suite 4401
Fresno, California 93721
[phone] Telephone
[phone] Facsimile

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Attorneys for the United States

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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Plaintiff,
v.
APPROXIMATELY $460,520.00 IN U.S.
CURRENCY,
Defendant.

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The United States submits the following Status Report:
Background

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) 1:15-CV-01878-AWI-MJS
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) STATUS REPORT; ORDER
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1.

This is a civil in rem proceeding seeking the forfeiture of the above-captioned property

pursuant to 21 U.S.C. § 881(a)(6).
2.

On March 11, 2016, the United States filed a motion for default (the “Default Motion”)

against Juan Plazola and Eduardo Maya. (ECF #9.)
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On April 26, 2016, the Magistrate Judge issued Findings and Recommendations granting

the United States’ Default Motion (ECF #12.)
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On May 26, 2016, the District Court Judge granted, in part, the United States’ Default

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Motion. (ECF #13.) The Court ordered that the United States identify, locate, and provide direct service

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to the registered owner of the vehicle in which the defendant currency was located, who was identified in

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the Complaint only as “Marcia” (identified by the United States as Marcia Salcido).

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Status Report; Order

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5.

On June 9, 2016, the Court granted the United States an additional 60 days to effectuate

service on Ms. Salcido. (ECF #15.)
6.

On October 3, 2016, the United States filed a Status Report outlining its efforts to notice

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Ms. Salcido, including asking the United States Marshals Service to attempt personal service on Marcia

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Salcido. The United States’ status report indicated that it would in the near future be renewing its motion

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for default judgment.
Status Report

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7.

On November 26, 2016, the United States identified a second potential address for Salcido.

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Even though the United States Marshals Service served Marcia Salcido’s daughter, who indicated that

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Marcia Salcido was in Mexico, the United States plans to send notice to the new address discovered for

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Marcia Salcido.

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8.

On December 8, 2016 and December 9, 2016, the United States also placed calls to the cell

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phone number for Marcia Salcido. The cell phone number indicated that “the person you are calling

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cannot be accepted at this time. We are sorry for any convenience this may cause.” The United States

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would like to attempt to contact Marcia Salcido by telephone again after a week or so has passed.

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9.

By rule, once notice has been sent, Marcia Salcido will have 35 days to file a claim.

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10.

Thus, the United States requests an additional 60 days (or until February 9, 2017) to

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finalize its efforts to notice Ms. Salcido, allow statutory deadlines to run, and then renew its motion for

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default judgment.

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Dated: December 9, 2016

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PHILLIP A. TALBERT
United States Attorney

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/s/ Jeffrey A. Spivak
JEFFREY A. SPIVAK
Assistant United States Attorney

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Status Report; Order

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ORDER

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The United States shall have until February 9, 2017, to file a supplemental report of the

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status of its efforts to effectuate notice in case number 1:15-CV-01878-AWI-MJS or, if it

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succeeds in its efforts to effect notice, to renew its motion for default judgment and final order of

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forfeiture.

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IT IS SO ORDERED.
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Dated:

December 13, 2016

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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Status Report; Order