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)
1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA
10
United States District Court
For the Northern District of California
8
SAN JOSE DIVISION
11
12
13
14
15
16
UNITED STATES OF AMERICA,
Plaintiff,
v.
ONE 2007 TOYOTA CAMRY, VIN
JTNBE46K873129148,
Defendant.
)
)
)
)
)
)
)
)
)
)
)
Case No.: 12-CV-06541-LHK
ORDER ADOPTING REPORT AND
RECOMMENDATION RE PLAINTIFF’S
MOTION FOR DEFAULT JUDGMENT
17
The United States filed a complaint for forfeiture against the Defendant, One 2007 Toyota
18
Camry, VIN # JTNBE46K873129148 (the “Vehicle”), after seizing the Vehicle following a traffic
19
stop in June of 2012. The Vehicle is alleged to have transported and facilitated the sale of
20
narcotics, actions that render it subject to forfeiture under 21 U.S.C. 881(a)(4). See ECF No. 1
21
¶¶ 14–15, 33–34. The United States now seeks an entry of default judgment in its forfeiture action.
22
The case was referred to Magistrate Judge Howard R. Lloyd. Judge Lloyd has made a
23
Report and Recommendation that this Court grant Plaintiff’s motion for default judgment pursuant
24
to Admiralty Local Rule 6-1(a), because (1) due notice of the arrest and forfeiture action has been
25
given in accordance with Rules G(3) and G(4) of the Supplemental Rules for Admiralty or
26
Maritime Claims and Asset Forfeiture Actions, and (2) no claims or answers have been filed. The
27
28
1
Case No.: 12-CV-06541-LHK
ORDER ADOPTING REPORT AND RECOMMENDATION RE PLAINTIFF’S MOTION FOR DEFAULT
JUDGMENT
1
Magistrate Judge’s Report and Recommendation was filed and served on May 31, 2013. No
2
objections have been filed, and the time to file objections has expired. See Fed. R. Civ. P. 72(b)(2).
3
Having reviewed the Report and Recommendation, as well as the record in this case, the
4
Court finds that the Report and Recommendation is well-founded in fact and in law and therefore
5
adopts the Report and Recommendation. Plaintiff’s Motion for Default Judgment is therefore
6
GRANTED. The Clerk shall enter judgment in accordance with the Report and Recommendation.
7
The Clerk shall close the file.
8
IT IS SO ORDERED.
9
United States District Court
For the Northern District of California
10
Dated: September 13, 2013
_________________________________
LUCY H. KOH
United States District Judge
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Case No.: 12-CV-06541-LHK
ORDER ADOPTING REPORT AND RECOMMENDATION RE PLAINTIFF’S MOTION FOR DEFAULT
JUDGMENT
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?