USA v. Approximately $28,580.00 in U.S. Currency et al

Filing 3

ORDER 1 for PUBLICATION signed by Judge Frank C. Damrell, Jr. on 10/13/2010. (Marciel, M)

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USA v. Approximately $28,580.00 in U.S. Currency et al Doc. 3 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 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: (916)554-2723 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 $28,580.00 IN U.S. ) CURRENCY, ) ) APPROXIMATELY $16,039.00 IN U.S. ) CURRENCY, and ) ) APPROXIMATELY $30,000.00 IN U.S. ) CURRENCY SEIZED FROM BANK OF AMERICA ) SAFE DEPOSIT BOX 1481C, ) ) Defendants. ) ) 2:10-CV-02763-FCD-EFB 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 public notice of the action to be given in a newspaper of general circulation or on the official internet government forfeiture site; 1 Application and Order for Publication Dockets.Justia.com 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 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 defendants Approximately $28,580.00 in U.S. Currency, Approximately $16,039.00 in U.S. Currency, and Approximately $30,000.00 in U.S. Currency seized from Bank of America safe deposit box 1481C, (collectively, "defendant currency"), were seized in the city of Sacramento in Sacramento 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) (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) Plaintiff; (5) A statement that claims of persons entitled The name and address of the attorney for the 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 //// 2 Application and Order for Publication 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 (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: 10/12/10 BENJAMIN B. WAGNER United States Attorney /s/ Kristin S. Door KRISTIN S. DOOR Assistant U.S. Attorney ORDER IT IS SO ORDERED. Dated: October 13, 2010. 3 Application and Order for Publication

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