UNITED STATES OF AMERICA v. One 2007 Toyota Camry

Filing 16

ORDER by Judge Lucy H. Koh granting 12 Motion for Default Judgment; adopting Report and Recommendations as to 13 Report and Recommendations. (lhklc3, COURT STAFF) (Filed on 9/13/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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UNITED STATES OF AMERICA,
Plaintiff,
v.
ONE 2007 TOYOTA CAMRY, VIN
JTNBE46K873129148,
Defendant.

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Case No.: 12-CV-06541-LHK
ORDER ADOPTING REPORT AND
RECOMMENDATION RE PLAINTIFF’S
MOTION FOR DEFAULT JUDGMENT

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The United States filed a complaint for forfeiture against the Defendant, One 2007 Toyota
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Camry, VIN # JTNBE46K873129148 (the “Vehicle”), after seizing the Vehicle following a traffic
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stop in June of 2012. The Vehicle is alleged to have transported and facilitated the sale of
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narcotics, actions that render it subject to forfeiture under 21 U.S.C. 881(a)(4). See ECF No. 1
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¶¶ 14–15, 33–34. The United States now seeks an entry of default judgment in its forfeiture action.
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The case was referred to Magistrate Judge Howard R. Lloyd. Judge Lloyd has made a
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Report and Recommendation that this Court grant Plaintiff’s motion for default judgment pursuant
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to Admiralty Local Rule 6-1(a), because (1) due notice of the arrest and forfeiture action has been
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given in accordance with Rules G(3) and G(4) of the Supplemental Rules for Admiralty or
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Maritime Claims and Asset Forfeiture Actions, and (2) no claims or answers have been filed. The
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Case No.: 12-CV-06541-LHK
ORDER ADOPTING REPORT AND RECOMMENDATION RE PLAINTIFF’S MOTION FOR DEFAULT
JUDGMENT

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Magistrate Judge’s Report and Recommendation was filed and served on May 31, 2013. No

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objections have been filed, and the time to file objections has expired. See Fed. R. Civ. P. 72(b)(2).

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Having reviewed the Report and Recommendation, as well as the record in this case, the

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Court finds that the Report and Recommendation is well-founded in fact and in law and therefore

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adopts the Report and Recommendation. Plaintiff’s Motion for Default Judgment is therefore

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GRANTED. The Clerk shall enter judgment in accordance with the Report and Recommendation.

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The Clerk shall close the file.

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IT IS SO ORDERED.

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United States District Court
For the Northern District of California

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Dated: September 13, 2013

_________________________________
LUCY H. KOH
United States District Judge

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Case No.: 12-CV-06541-LHK
ORDER ADOPTING REPORT AND RECOMMENDATION RE PLAINTIFF’S MOTION FOR DEFAULT
JUDGMENT