United States of America v. Approximately $53,000.00 in U.S. Currency et al

Filing 5

APPLICATION AND ORDER FOR PUBLICATION signed by Judge Edmund F. Brennan on 6/27/07. (Mena-Sanchez, L)

United States of America v. Approximately $53,000.00 in U.S. Currency et al

Doc. 5

Case 2:07-cv-01260-EJG-EFB

Document 5

Filed 06/28/2007

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McGREGOR W. SCOTT United States Attorney KRISTIN S. DOOR, SBN 84307 Assistant United States Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: [phone] Attorneys for Plaintiff United States of America

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

UNITED STATES OF AMERICA, Plaintiff, v. APPROXIMATELY $53,000.00 IN U.S. CURRENCY, and APPROXIMATELY $2,604.00 IN U.S. CURRENCY, Defendants.

) ) ) ) ) ) ) ) ) ) ) ) ) )

2:07-cv-01260-EJG-EFB 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 Certain

Admiralty and Maritime Claims (hereafter "Supplemental Rules") provides that the Plaintiff shall cause public notice of the action and arrest to be given in a newspaper of general circulation, designated by order of the Court; 2. Local Rule 83-171, Eastern District of California,

provides that the Court shall designate by order the appropriate newspaper for publication; 1

Dockets.Justia.com

Case 2:07-cv-01260-EJG-EFB 3.

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The defendant Approximately $53,000.00 in U.S. Currency

and the defendant Approximately $2,604.00 in U.S. Currency were seized in the city of San Francisco, in San Francisco County, California. The Drug Enforcement Administration ("DEA")

published notice of the nonjudicial forfeiture of the defendant Approximately $53,000.00 in U.S. Currency on April 2, 9 and 16, 2007 in the Wall Street Journal. The DEA published notice of the

nonjudicial forfeiture of the defendant Approximately $2,604.00 in U.S. Currency (hereafter collectively referred to as "defendant currency") on April 9, 16, and 23, 2007 in the Wall Street Journal. 4. Plaintiff proposes that publication be made as follows: a. b. One publication; In the following newspaper, a legal newspaper of

general circulation, located in the county in which the defendant currency was seized: The Recorder; c. The publication is to include the following: (1) (2) (3) The Court, title and number of the action; The date of the arrest/seizure; The identity and/or description of the

property arrested/seized; (4) The name, address, and telephone number of

the attorney for the Plaintiff; (5) A statement that claims of persons entitled

to possession or claiming an interest pursuant to Supplemental Rule G(5) must be filed with the Clerk and served on the attorney for the Plaintiff within 30 days after the date of publication; (6) A statement that answers to the Complaint or 2

Case 2:07-cv-01260-EJG-EFB

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Filed 06/28/2007

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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; (7) A statement that applications for

intervention under Fed. R. Civ. P., Rule 24 by persons claiming maritime liens or other interests shall be filed within the 30 days allowed for claims for possession; and (8) The name, address, and telephone number of

the U.S. Marshal and/or Department of Treasury. Dated: June 26, 2007 McGREGOR W. SCOTT United States Attorney

/s/ Kristin S. Door KRISTIN S. DOOR Assistant United States Attorney

ORDER IT IS SO ORDERED. Dated: June 27, 2007 UNITED STATES MAGISTRATE JUDGE

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