United States of America v. Approximately $6,200.00 in U.S. Currency et al

Filing 12

ORDER signed by Magistrate Judge John F. Moulds on 8/18/2009 GRANTING government's 1 Application for Publication. A Statement that claims of persons entitled to possession or claiming an interest pursuant to Supplemental Rule G(5) must be filed with Court and served on attorney for plaintiff no later than 60 days after first day of publication on official internet government forfeiture site. (Marciel, M)

1 2 3 4 5 6 7 8

LAWRENCE G. BROWN Acting United States Attorney SARALYN M. ANG-OLSON, SBN 197404 Special 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 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) 2:09-cv-01825-EJG-JFM ) Plaintiff, ) ) APPLICATION AND ORDER v. ) FOR PUBLICATION ) ) APPROXIMATELY $6,200.00 IN U.S. ) CURRENCY, and ) ) 2000 NISSAN MAXIMA, ) VIN: JN1CA31D2YT747576, ) CALIFORNIA LICENSE NUMBER: 6CNZ606,) ) Defendants. ) ___________________________________) 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; /////

1

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

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 described as Approximately $6,200.00 in

U.S. Currency; and a 2000 Nissan Maxima, VIN: JN1CA31D2YT747576, California License Number: 6CNZ606 (collectively, "defendant properties") were seized in the city of Stockton, San Joaquin County, California. The Drug Enforcement Administration

published notice of the non-judicial forfeiture of the defendant properties on February 2, 9, and 16, 2009, in The Wall Street Journal. 4. Plaintiff proposes that publication be made as follows: a. b. c. One publication; Thirty (30) consecutive days; On the official internet government forfeiture

site www.forfeiture.gov; d. The publication is to include the following: (1) (2) (3) The Court and case number of the action; The date of the seizure/posting; The identity and/or description of the

property seized/posted; (4) Plaintiff; (5) A statement that claims of persons entitled The name and address of the attorney for the

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 /////

2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19

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 20 days after the filing of the claims and, in the absence thereof, default may be entered and condemnation ordered. Dated: July 2, 2009 LAWRENCE G. BROWN Acting United States Attorney

/s/ Saralyn M. Ang-Olson SARALYN M. ANG-OLSON Special Assistant United States Attorney ORDER IT IS SO ORDERED. Dated: August 18, 2009.

/6200.pub

20 21 22 23 24 25 26 27 28

3