United States of America v. 2005 Toyota 4-Runner Truck et al

Filing 3

APPLICATION and ORDER signed by Magistrate Judge Kendall J. Newman on 8/29/2011. The sentence at Part 4(d)(6) is hereby amended to read, pursuant to Rule G(5)(b): 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 w/in 21 days after the filing of the claims and, in the absence thereof, default may be entered and condemnation ordered. (Marciel, M)

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BENJAMIN B. WAGNER
United States Attorney
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]

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Attorneys for the United States
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA,
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Plaintiff,
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v.
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2005 TOYOTA 4-RUNNER TRUCK,
VIN: JTEBU14R750068701,
CALIFORNIA LICENSE: 5MGM397,

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APPROXIMATELY $1,193.00 IN
U.S. CURRENCY, and

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APPLE 16GB IPAD,

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Defendants.

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2:11-CV-02272-GEB-KJN
APPLICATION AND ORDER
FOR PUBLICATION

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The United States of America, Plaintiff herein, applies for
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an order of publication as follows:
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1.

Rule G(4) of the Supplemental Rules for Admiralty or

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Maritime Claims and Asset Forfeiture Actions (hereafter
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"Supplemental Rules") provides that the Plaintiff shall cause
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public notice of the action to be given in a newspaper of general
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circulation or on the official internet government forfeiture
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site;
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1

Application and Order
for Publication

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2.

Local Rule 171, Eastern District of California, provides

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that the Court shall designate by order the appropriate newspaper

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or other vehicle for publication;

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3.

The defendant 2005 Toyota 4-Runner Truck, VIN:

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JTEBU14R750068701, California License: 5MGM397, Approximately

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$1,193.00 in U.S. Currency, and an Apple 16GB IPad, (hereafter

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“defendant property”) was seized in the city of Stockton, in San

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Joaquin, California.

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notice on May 27, June 3, and June 10, 2011, in the Wall Street

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The United States Secret Service published

Journal.

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4.

Plaintiff proposes that publication be made as follows:

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a.

One publication;

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b.

Thirty (30) consecutive days;

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c.

On the official internet government forfeiture

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site www.forfeiture.gov;

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d.

The publication is to include the following:

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(1)

The Court and case number of the action;

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(2)

The date of the seizure/posting;

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(3)

The identity and/or description of the

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property seized/posted;

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(4)

The name and address of the attorney for the

(5)

A statement that claims of persons entitled

Plaintiff;

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to possession or claiming an interest pursuant to Supplemental

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Rule G(5) must be filed with the Court and served on the attorney

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for the Plaintiff no later than 60 days after the first day of

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publication on the official internet government forfeiture site;

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and
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Application and Order
for Publication

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(6)

A statement that answers to the Complaint or

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a motion under Rule 12 of the Federal Rules of Civil Procedure

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("Fed. R. Civ. P.") must be filed and served within 20 days after

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the filing of the claims and, in the absence thereof, default may

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be entered and condemnation ordered.

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Dated: 8/26/11

BENJAMIN B. WAGNER
United States Attorney

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By:
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/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney

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ORDER

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With one alteration, the foregoing is the order of the

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Court. The sentence at Part 4(d)(6) is hereby amended to read,

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pursuant

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Complaint or a motion under Rule 12 of the Federal Rules of Civil

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Procedure ("Fed. R. Civ. P.") must be filed and served within 21

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days after the filing of the claims and, in the absence thereof,

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default may be entered and condemnation ordered.”

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to

Rule

G(5)(b):

“A

statement

that

answers

to

the

IT IS SO ORDERED.
Dated: August 29, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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3

Application and Order
for Publication