United States of America v. Malinowski

Filing 28

ORDER signed by Judge William B. Shubb on 8/5/2011 GRANTING defendant's 24 Request for Expungement. Document No. 24044970002, Filing # 10-7223445957 (filed 2/21/2010) and/or Document No. 27939000002, Filing # 11-72606846 (filed 2/14/2011). This action is TERMINATED. (Marciel, M)

1 BENJAMIN B. WAGNER
United States Attorney
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KELLI L. TAYLOR
3 Assistant U.S. Attorney
501 I Street, Suite 10-100
4 Sacramento, CA 95814
Telephone: [phone]
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Facsimile: [phone]
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Attorneys for United States of America
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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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12 UNITED STATES OF AMERICA,
Plaintiff,

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No. 2:10-cv-02362-WBS-EFB
ORDER OF EXPUNGEMENT

v.
KENNETH JOHN MALINOWSKI,

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Defendant.

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/

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Defendant Kenneth John Malinowski filed a UCC-3 termination notice on February 16, 2011,

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20 terminating the UCC-1 Financing Statement he had filed with the California Secretary of State on
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February 21, 2010, wherein he falsely named Victoria C. Minor as debtor. On June 7, 2011, Defendant

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filed a Notice regarding abandoned paperwork. Defendant’s Notice specifically directs the Court to
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expunge from the California Secretary of State’s records the UCC-1 and UCC-3 statements filed by

25 Defendant re Ms. Minor (see CD #23, Notice at 1). The Court will construe Defendant’s Notice as
26 Defendant’s portion of the Joint Status Report directed by the Court’s Order dated June 3, 2011 (CD
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#22). On July 6, 2011, Plaintiff the United States timely filed its portion of the Joint Status Report,

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ORDER

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1 wherein Plaintiff concurs in Defendant’s request that the Court enter an order of expungement.
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In light of the fact that both parties are in agreement in this matter, and mutually request entry of

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an order re expungement of the UCC-1 and/or the UCC-3 statements filed by Defendant regarding Ms.
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Minor; therefore
FOR GOOD CAUSE SHOWN, and pursuant to the agreement of the parties, it is ORDERED that

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7 the California Secretary of State is hereby DIRECTED to expunge the following from her records:
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1.
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Document No. 24044970002, Filing No. 10-7223445957, filed February 21, 2010; and/or
Document No. 27939000002, Filing No. 11-72606846, filed February 14, 2011.

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IT IS SO ORDERED.

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14 DATE: August 5, 2011
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ORDER

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