United States of America v. Real Property located at 8221 King Road, Loomis, California, Placer County, APN: 037-330-004-000 et al

Filing 10

ORDER signed by Magistrate Judge John F. Moulds on 10/24/2012 GRANTING goverment's 1 Application for Publication. (Marciel, M)

1 BENJAMIN B. WAGNER
United States Attorney
2 KEVIN C. KHASIGIAN
Assistant U. S. Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
5 Attorneys for the United States
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

UNITED STATES OF AMERICA,

12

Plaintiff,

13
14
15
16
17
18
19
20

v.

2:12-CV-02450-GEB-JFM
APPLICATION AND ORDER
FOR PUBLICATION

REAL PROPERTY LOCATED AT 8221
KING ROAD, LOOMIS, CALIFORNIA,
PLACER COUNTY, APN: 037-330-004000, INCLUDING ALL
APPURTENANCES AND
IMPROVEMENTS THERETO, and
APPROXIMATELY $45,976.42 IN U.S.
CURRENCY SEIZED FROM
MECHANICS BANK CHECKING
ACCOUNT NUMBER 41143841, HELD
IN THE NAME OF TERRESA RUDD,
DBA ROCK BOTTOM BEDS,
Defendants.

21
22
23

The United States of America, Plaintiff herein, applies for an order of

24 publication as follows:
25

1.

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

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

Application and Order
For Publication

1

2.

Local Rule 171, Eastern District of California, provides that the Court

2 shall designate by order the appropriate newspaper or other vehicle for publication;
3

3.

The defendant real property is located in Loomis, California, Placer

4 County, and the defendant Approximately $45,976.42 in U.S. Currency seized from
5 Mechanics Bank Checking Account Number 41143841, held in the name of Terresa
6 Rudd, dba Rock Bottom Beds was seized on August 7, 2012 in Sacramento, in
7 Sacramento County, California.
8

4.

The United States proposes that publication be made as follows:

9

a.

One publication;

10

b.

Thirty (30) consecutive days;

11

c.

On the official internet government forfeiture
site www.forfeiture.gov;

12
13

d.

The publication is to include the following:

14

(1)

The Court and case number of the action;

15

(2)

The date of the seizure/posting;

16

(3)

The identity and/or description of the property seized/posted;

17

(4)

The name and address of the attorney for the Plaintiff;

18

(5)

A statement that claims of persons entitled to possession or

19 claiming an interest pursuant to Supplemental Rule G(5) must be filed with the Court
20 and served on the attorney for the Plaintiff no later than 60 days after the first day of
21 publication on the official internet government forfeiture site; and
22

(6)

A statement that answers to the Complaint or a motion

23 under Rule 12 of the Federal Rules of Civil Procedure ("Fed. R. Civ. P.") must
24 ///
25 ///
26 ///
27 ///
28 ///
2

Application and Order
For Publication

1 be filed and served within 21 days after the filing of the claims and, in the absence
2 thereof, default may be entered and condemnation ordered.
3
4

Dated:

9/28/12

BENJAMIN B. WAGNER
United States Attorney

5
6
By:

7

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

8
9
10
IT IS SO ORDERED.

11

12 Date: 10/24/2012
13
14
15

______________________________________
UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

16
17
18
/014;usa2450.po

19
20
21

9cekb3i

22
23
24
25
26
27
28
3

Application and Order
For Publication