United States of America v. Approximately $79,784.78 in Money Orders et al

Filing 68

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 4/23/2013. The Court is RECOMMENDING that the United States 67 Ex Parte Motion for Default Judgment and Final Judgment of Forfeiture be granted; that Judgment by Default b e entered against any right, title, or interest of potential claimants LA Price King Inc., Anil Kumar Malhi, Rajinder Kumar Mehta, Jason Garrido, and Nisha R. Patel in defendant assets referenced;that a Final Judgment be entered, forfeiting all right , title, and interest in defendant assets to the United States, to be disposed of according to law; andthat Default Judgment and Final Judgment of Forfeiture lodged herein be signed by the Honorable Kimberly J. Mueller, and filed by the Clerk. (Marciel, M)

1 BENJAMIN B. WAGNER
United States Attorney
2 KEVIN C. KHASIGIAN
Assistant U.S. Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
5 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,

2:07-CV-00816-KJM-EFB

Plaintiff,

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FINDINGS AND RECOMMENDATIONS
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v.
APPROXIMATELY $79,784.78 IN MONEY
ORDERS,

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APPROXIMATELY $193,250.00 IN U.S.
CURRENCY,
APPROXIMATELY $1,598.00 IN U.S.
CURRENCY, AND

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MISCELLANEOUS SMOKELESS TOBACCO
PRODUCTS,
Defendants.

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This matter came before the Honorable Judge Edmund F. Brennan on the United States’ ex parte

22 motion for default judgment. There was no appearance by or on behalf of any other person or entity
23 claiming an interest in the above-captioned defendant assets to oppose the United States’ motion. Based
24 on the United States’ motion and the files and records of the court, THE COURT FINDS as follows:
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1.

This action arose out of a Verified Complaint for Forfeiture In Rem filed April 27, 2007.

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2.

The United States has moved this Court, pursuant to Local Rule 540, for entry of default

27 judgment of forfeiture against potential claimants LA Price King, Inc., Anil Kumar Malhi, Rajinder
28 Kumar Mehta, Jason Garrido, and Nisha R. Patel.
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Findings and Recommendations

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3.

The United States has shown that a complaint for forfeiture was filed; that potential

2 claimants LA Price King, Inc., Anil Kumar Malhi, Rajinder Kumar Mehta, Jason Garrido, and Nisha R.
3 Patel received notice of the forfeiture action; that any and all other unknown potential claimants have
4 been served by publication; and that grounds exist for entry of a final judgment of forfeiture.
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Therefore, IT IS RECOMMENDED as follows:

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1.

That the United States’ motion for default judgment and final judgment of forfeiture be

7 granted;
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2.

That judgment by default be entered against any right, title, or interest of potential

9 claimants LA Price King, Inc., Anil Kumar Malhi, Rajinder Kumar Mehta, Jason Garrido, and Nisha R.
10 Patel in the defendant assets referenced in the above caption;
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3.

That a final judgment be entered, forfeiting all right, title, and interest in the defendant

12 assets to the United States, to be disposed of according to law; and
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4.

That the Default Judgment and Final Judgment of Forfeiture lodged herein be signed by

14 the Honorable Kimberly J. Mueller, and filed by the Clerk of the Court.
15 Dated: April 23, 2015.
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Findings and Recommendations