United States of America v. Any Interest or Principal Payments associated with "Loan 1 of 2" represented by Check #81600 for $2,500,000 et al

Filing 5

ORDER FOR PUBLICATION signed by Magistrate Judge Allison Claire on 5/1/14. (Becknal, R)

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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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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,
Plaintiff,

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v.

2:14-CV-01060-JAM-AC
APPLICATION AND ORDER FOR
PUBLICATION

ANY INTEREST OR PRINCIPAL PAYMENTS
ASSOCIATED WITH "LOAN 1 OF 2"
REPRESENTED BY CHECK # 81600 FOR
$2,500,000, PAYABLE TO DREW ESTATES LLC
DATED JANUARY 2, 2011, and
ANY INTEREST OR PRINCIPAL PAYMENTS
ASSOCIATED WITH "LOAN 2 OF 2"
REPRESENTED BY CHECK # 81601 FOR
$2,500,000, PAYABLE TO DREW ESTATES LLC
DATED JANUARY 2, 2011,
Defendants.

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The United States of America applies for an order of publication as follows:

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1.

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

24 Asset Forfeiture Actions (hereafter “Supplemental Rules”) provides that the United States
25 shall cause public notice of the action to be given in a newspaper of general circulation or
26 on the official internet government forfeiture site;
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2.

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

28 designate by order the appropriate newspaper or other vehicle for publication;
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Application and Order for Publication

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3.

The defendants Any Interest or Principal Payments associated with "Loan 1

2 of 2" represented by check # 81600 for $2,500,000, payable to Drew Estates LLC dated
3 January 2, 2011, and Any Interest or Principal Payments associated with "Loan 2 of 2"
4 represented by check # 81601 for $2,500,000, payable to Drew Estates LLC dated January
5 2, 2011 were seized in the city of Sacramento, in Sacramento County, California;
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4.

The United States 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 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 property seized/posted;

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(4)

The name and address of the attorney for the United States;

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(5)

A statement that claims of persons entitled to possession or

16 claiming an interest pursuant to Supplemental Rule G(5) must be filed with the Court and
17 served on the attorney for the United States no later than 60 days after the first day of
18 publication on the official internet government forfeiture site; and
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(6)

A statement that answers to the Complaint or a motion under

20 Rule 12 of the Federal Rules of Civil Procedure (“Fed. R. Civ. P.”) must be filed and served
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Application and Order for Publication

1 within 21 days after the filing of the claims and, in the absence thereof, default may be
2 entered and condemnation ordered.
3 Dated: 4/29/14

BENJAMIN B. WAGNER
United States Attorney

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

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ORDER

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IT IS SO ORDERED.

10 Dated: May 1, 2014
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Application and Order for Publication