United States of America v. Approximately $7, 960.00 in U.S. Currency et al

Filing 6

ORDER granting APPLICATION FOR PUBLICATION signed by Magistrate Judge Kimberly J. Mueller on 8/20/10. (Kaminski, H)

United States of America v. Approximately $7, 960.00 in U.S. Currency et al

Doc. 6

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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. ) ) APPROXIMATELY $7,960.00 IN ) U.S. CURRENCY, ) ) APPROXIMATELY $2,260.00 IN ) U.S. CURRENCY, ) ) APPROXIMATELY $3,195.00 IN ) U.S. CURRENCY, ) ) APPROXIMATELY $3,927.00 IN ) U.S. CURRENCY, and ) ) 2007 CADILLAC ESCALADE EXT, ) VIN: 3GYFK62837G222266, LICENSE ) NUMBER 8W03721, ) ) Defendants. ) )

2:10-CV-02167-MCE-KJM 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 Admiralty or

Maritime Claims and Asset Forfeiture Actions (hereafter "Supplemental Rules") provides that the Plaintiff shall cause

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Application and Order for Publication

Dockets.Justia.com

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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 defendants Approximately $7,960.00 in U.S. Currency;

Approximately $2,260.00 in U.S. Currency; Approximately $3,195.00 in U.S. Currency; Approximately $3,927.00 in U.S. Currency and the 2007 Cadillac Escalade EXT, VIN: 3GYFK62837G222266, License Number 8W03721 were seized in the city of Vallejo, in Solano County, California. The Drug Enforcement Administration

published notice of the non-judicial forfeiture of the defendants Approximately $7,960.00 in U.S. Currency and Approximately $2,260.00 in U.S. Currency on April 5, 12 and 19, 2010; the defendants Approximately $3,927.00 in U.S. Currency and 2007 Cadillac Escalade EXT, VIN: 3GYFK62837G222266, License Number 8W03721 on June 7, 14 and 21, 2010; and the defendant Approximately $3,195.00 in U.S. Currency on June 21, 28 and July 5, 2010, 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) 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 20 days after the filing of the claims and, in the absence thereof, default may be entered and condemnation ordered. Dated: August 12, 2010 BENJAMIN B. WAGNER United States Attorney

/s/ Kristin S. Door KRISTIN S. DOOR Assistant U.S. Attorney

ORDER IT IS SO ORDERED. Dated: August 20, 2010.

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Application and Order for Publication