United States of America v. Real property located in Nevada County, California, APN: 61-070-08 et al

Filing 5

ORDER signed by Magistrate Judge Edmund F. Brennan on 12/30/09 ORDERING that US' 1 application for publication is GRANTED. Plt's publication can be made one publication, 30 consecutive days and on the official internet government forfeiture site www.forfeiture.gov as directed by this order. (Duong, D)

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BENJAMIN B. WAGNER 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. REAL PROPERTY LOCATED IN NEVADA COUNTY, CALIFORNIA, APN: 61-070-08, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, REAL PROPERTY LOCATED IN NEVADA COUNTY, CALIFORNIA, APN: 61-140-37, INCLUDING ALL APPURTENANCE AND IMPROVEMENTS THERETO, REAL PROPERTY LOCATED IN NEVADA COUNTY, CALIFORNIA, ORIGINAL APN: 61-070-09, CURRENTLY KNOWN AS APN: 61-070-25, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, REAL PROPERTY LOCATED IN NEVADA COUNTY, CALIFORNIA, ORIGINAL APN: 61-150-08, CURRENTLY KNOWN AS APN: 61-151-08, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, and REAL PROPERTY LOCATED IN NEVADA COUNTY, CALIFORNIA, ORIGINAL APN: 61-140-43,

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2:09-cv-03542-FCD-EFB APPLICATION AND ORDER FOR PUBLICATION

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CURRENTLY KNOWN AS AND INCLUDING APN: 61-140-52, APN: 61-140-58, APN: 61-140-63, APN: 61-140-69, APN: 61-140-70, APN: 61-140-72, APN: 61-140-74, APN: 61-140-76, APN: 61-140-77, APN: 61-140-78, and APN: 61-140-79, INCLUDING ALL APPURTENANCE AND IMPROVEMENTS THERETO, Defendants.

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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 171, Eastern District of California, provides

that the Court shall designate by order the appropriate newspaper or other vehicle for publication; 3. The defendant real properties are located in Nevada

County, California; 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) The Court and case number of the action; The date of the seizure/posting;

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Application and Order for Publication

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(3)

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 21 days after the filing of the claims and, in the absence thereof, default may be entered and condemnation ordered. Dated: Dec. 21, 2009 BENJAMIN B. WAGNER United States Attorney

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

ORDER IT IS SO ORDERED.1 Dated: December 30, 2009.

The issuance of this order does not affect any of the requirements set forth in 18 U.S.C. § 985. 3 Application and Order for Publication

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