United States of America v. 45 units, more or less, of the Model AOS-1M Ozone Generator, articles of device et al

Filing 13

DEFAULT JUDGMENT AND FINAL JUDGMENT OF FORFEITURE signed by Judge William B. Shubb on 8/13/10. CASE CLOSED. (Mena-Sanchez, L)

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BENJAMIN B. WAGNER United States Attorney KRISTIN S. DOOR, SBN 84307 Assistant U.S. 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. ) ) 45 units, more or less, of the ) Model AOS-1M Ozone ) Generator, articles of device, ) labeled in part: ) ) "*** AOS-1M OZONE GENERATOR *** ) APPLIED OZONE SYSTEMS MODEL ) AOS-1M VOLTS *** SERIAL *** 10072 ) Streeter Rd. Suite 2 Auburn, CA ) 95602 530-268-6690 ) www.appliedozone.com ) *** MADE IN USA ***" and ) ) 35 units, more or less, of the ) Model AOS-1MD Ozone Generator, ) articles of device, labeled in ) part: ) ) "*** AOS-1MD *** APPLIED OZONE ) SYSTEMS MODEL AOS-1MD VOLTS *** ) SERIAL *** 10072 Streeter Rd. ) Suite 2 Auburn, CA 95602 ) 530-268-6690 ) www.appliedozone.com *** MADE IN ) USA ***," ) ) Defendants. ) ) 2:10-CV-00223-WBS-GGH DEFAULT JUDGMENT AND FINAL JUDGMENT OF FORFEITURE

Date: N/A Time: N/A Dept: N/A

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Default Judgment and Final Judgment of Forfeiture

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This matter came on before the Honorable Magistrate Judge Gregory G. Hollows on plaintiff United States' ex parte motion for default judgment. There was no appearance by or on behalf of

any person or entity claiming an interest in the above-captioned defendant articles of device (hereafter "the defendant devices") to oppose plaintiff's motion. The Magistrate Judge has

recommended that plaintiff's motion for default judgment be granted. Based on the Magistrate Judge's Findings and

Recommendations and the files and records of the Court, it is ORDERED, ADJUDGED AND DECREED: 1. The Magistrate Judge's Findings and Recommendations are

adopted herein. 2. 3. Charles C. Ankeney is held in default. A judgment by default is hereby entered against any

right, title or interest of Charles C. Ankeney in the defendant devices. 4. Pursuant to 21 U.S.C. § 334(a)(2)(D), the defendant

devices are adulterated under the Federal Food, Drug, and Cosmetic Act (hereafter "the Act"), 21 U.S.C. §§ 351(f)(1)(B) and 351(h), and misbranded under the Act, 21 U.S.C. §§ 352(o), 352(f)(1), 352(t)(2), and 352(j) and are hereby condemned. 5. A final judgment of forfeiture is hereby entered,

forfeiting all right, title and interest in the defendant devices to the United States, to be disposed of according to law. // //

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Default Judgment and Final Judgment of Forfeiture

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6.

All parties shall bear their own costs and

attorneys' fees.

SO ORDERED, this 13th day of August, 2010.

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Default Judgment and Final Judgment of Forfeiture