United States of America v. Approximately $16,750.00 in U.S. Currency et al

Filing 23

FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/2/2015 RECOMMENDING that Curtis Phillips, Michelle Davis Phillips, and Deborah Pollard be held in default; that the United States' 20 Amended Motion for Default Judgment and final judgment of forfeiture be granted; Referred to Judge Troy L. Nunley; Objections due within 14 days after being served with these F & R's. (Reader, L)

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
13
14

2:14-CV-01661-TLN-KJN

Plaintiff,
FINDINGS AND
RECOMMENDATIONS

v.
APPROXIMATELY $16,750.00 IN U.S.
CURRENCY,

15
16

APPROXIMATELY $97,438.70 SEIZED
FROM WELLS FARGO BANK ACCOUNT
NUMBER 7988959974,

17
18

APPROXIMATELY $1,084.00 SEIZED
FROM WELLS FARGO BANK ACCOUNT
NUMBER 7988948290,

19
20
21
22
23
24
25
26

2009 HARLEY DAVIDSON ROAD KING
FLHRC MOTORCYCLE, VIN:
1HD1FR4399Y605921, CALIFORNIA
LICENSE NUMBER: 19S0357,
2009 DODGE CHALLENGER, VIN:
2B3LJ54T19H606557, CALIFORNIA
LICENSE NUMBER: 6HTR425, and
2005 GENERAL MOTORS HUMMER H2,
VIN: 5GRGN22U75H108697, CALIFORNIA
LICENSE NUMBER: 7V53524,
Defendants.

27
28
29
30

This case, commenced on July 15, 2014, is a civil action in rem to forfeit to the United States
1

Findings and Recommendations

1 several assets allegedly involved in violations of federal drug laws. (ECF No. 1.) To date, no claims to
2 the defendant assets were filed, other than a claim by Ally Financial Inc. (ECF No. 13), with which the
3 United States has entered into a stipulation for a final judgment of forfeiture. (ECF No. 20-1.) On
4 November 3, 2014, the Clerk of Court entered the default of potential claimant Deborah L. Pollard, and
5 on December 18, 2014, the Clerk of Court entered the default of potential claimants Curtis Phillips and
6 Michelle Davis Phillips. (ECF Nos. 12, 15.)
7

Presently pending before the court is the United States’ amended motion for default judgment

8 and final judgment of forfeiture, which was filed on January 22, 2015. (ECF No. 20.) On January 26,
9 2015, the court issued an order requiring any opposition to the motion to be filed no later than February
10 19, 2015. (ECF No. 21.) That order, along with the underlying motion papers, was served on potential
11 claimants Curtis Phillips, Michelle Phillips, and Deborah Pollard at their last-known addresses. (ECF
12 No. 22.) Although the deadline for filing an opposition has now passed, no opposition or other
13 response to the motion was filed by Curtis Phillips, Michelle Phillips, Deborah Pollard, or any other
14 person.
15

After carefully considering the United States’ motion, as well as the files and records of the

16 court, the court FINDS as follows:
17

1.

This action arose out of a Verified Complaint for Forfeiture In Rem filed on or about

18 July 15, 2014.
19

2.

The United States has moved this Court, pursuant to Local Rule 540, for entry of default

20 judgment of forfeiture against potential claimants Curtis Phillips, Michelle Davis Phillips, and Deborah
21 Pollard.
22

3.

The United States has shown that a complaint for forfeiture was filed; that potential

23 claimants Curtis Phillips, Michelle Davis Phillips, and Deborah Pollard received notice of the forfeiture
24 action; that any and all other unknown potential claimants have been served by publication; and that
25 grounds exist for entry of a final judgment of forfeiture.
26

Therefore, IT IS RECOMMENDED as follows:

27

1.

That Curtis Phillips, Michelle Davis Phillips, and Deborah Pollard be held in default;

28

2.

That the United States’ amended motion for default judgment and final judgment of
2

29
30

Findings and Recommendations

1 forfeiture (ECF No. 20) be granted;
2

3.

That judgment by default be entered against any right, title, or interest of potential

3 claimants Curtis Phillips, Michelle Davis Phillips, and Deborah Pollard in the defendant assets, subject
4 to the interest of Ally Financial Inc. in the 2009 Dodge Challenger, referenced in the above caption;
5

4.

That a final judgment be entered, forfeiting all right, title, and interest in the defendant

6 assets to the United States, subject to the interest of Ally Financial Inc. in the 2009 Dodge Challenger,
7 to be disposed of according to law.
8

These findings and recommendations are submitted to the United States District Judge assigned

9 to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen (14) days after being
10 served with these findings and recommendations, any party may file written objections with the court
11 and serve a copy on all parties. Such a document should be captioned “Objections to Magistrate
12 Judge’s Findings and Recommendations.” Any reply to the objections shall be served on all parties and
13 filed with the court within fourteen (14) days after service of the objections. The parties are advised
14 that failure to file objections within the specified time may waive the right to appeal the District Court’s
15 order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153, 1156-57
16 (9th Cir. 1991).
17 Dated: March 2, 2015
18
19
20
21
22
23
24
25
26
27
28
29
30

3

Findings and Recommendations