United States of America v. Approximately $26,851.00 in U.S. Currency et al

Filing 3

APPLICATION AND ORDER FOR PUBLICATION signed by Judge Frank C. Damrell, Jr. on 08/12/09. (Benson, A.)

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LAWRENCE G. BROWN 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 $26,851.00 IN U.S. ) CURRENCY, ) ) APPROXIMATELY $70,700.00 IN U.S. ) CURRENCY, ) ) 21 ONE-OUNCE GOLD COINS AND 28 ) ONE-OUNCE SILVER COINS VALUED AT ) APPROXIMATELY $19,236.00, ) ) ASSORTED SILVER U.S. COINS VALUED ) AT APPROXIMATELY $15,111.25, ) ) 2006 DUCATI SS 1000 MOTORCYCLE, ) VIN: ZDM1LABP36B005402, LICENSE ) NUMBER 18B5880, ) ) 1968 CHEVROLET CAMARO RALLY SPORT, ) VIN: 123678N433442, LICENSE NUMBER ) 6DEB840, and ) ) 1989 CUSTOM HARLEY DAVIDSON ) SCREAMING EAGLE MOTORCYCLE, VIN: ) 1HD1BKL38KY011508, LICENSE NUMBER ) 18A1847, ) ) Defendants. ) ) ___________________________________)

2:09-CV-02223-FCD-JFM

APPLICATION AND ORDER FOR PUBLICATION

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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 83-171, Eastern District of California,

provides that the Court shall designate by order the appropriate newspaper or other vehicle for publication; 3. The defendant Approximately $26,851.00 in U.S. Currency

was seized in Butte County, the defendant Approximately $70,700.00 in U.S. Currency, 21 One-Ounce Gold Coins and 28 OneOunce Silver coins valued at approximately $19,236.00, Assorted Silver U.S. Coins valued at approximately $15,111.25, 2006 Ducati SS 1000 Motorcycle, and 1968 Chevrolet Camaro Rally Sport were seized in the city of Oroville, in Butte County, California. The

defendant 1989 Custom Harley Davidson Screaming Eagle Motorcycle was seized in city of Durham, in Butte County, California. The

Drug Enforcement Administration published notice of the nonjudicial forfeiture of the defendant properties on May 11, 18, and 25, 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;

Application and Order for Publication

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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 Plaintiff;

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) The name and address of the attorney for the

(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 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 20 days after the filing of the claims and, in the absence thereof, default may be entered and condemnation ordered. Dated: August 11, 2009 LAWRENCE G. BROWN United States Attorney

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

ORDER IT IS SO ORDERED. Dated: August 12, 2009
_______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE
Application and Order for Publication

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