United States of America v. 1975 Grumman American G-1159 et al

Filing 13

ORDER for Summons and Warrant of Arrest in Rem for the Property. Signed by Judge Andrew P. Gordon on 5/1/14. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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UNITED STATES OF AMERICA,
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Plaintiff,
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v.
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1975 GRUMMAN AMERICAN G-1159
11 AIRPLANE, SERIAL NO. 157
TAIL REGISTRATION NO. N468HW,
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1969 GRUMMAN AMERICAN G-1159
13 AIRPLANE, SERIAL NO. 50
TAIL REGISTRATION NO. N650KA,
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Defendants.
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ORDER FOR SUMMONS AND WARRANT OF ARREST
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IN REM FOR THE PROPERTY AND NOTICE
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A Complaint for Forfeiture in Rem arising from a federal statute has been filed by the United

18 States of America (“United States”) pursuant to Fed. R. Civ. P. Supp. Rule G. The Court, having
19 reviewed the Complaint, has found probable cause and that the United States has possession of the
20 defendant property; therefore, the clerk shall issue a Summons and Warrant of Arrest in Rem for the
21 Property, pursuant to Fed. R. Civ. P. Supp. Rule G(3)(b).
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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that a Summons and Warrant

23 of Arrest in Rem for the Property issue against the 1975 GRUMMAN AMERICAN G-1159
24 AIRPLANE, SERIAL NO. 157 TAIL REGISTRATION NO. N468HW and 1969 GRUMMAN
25 AMERICAN G-1159 AIRPLANE, SERIAL NO. 50 TAIL REGISTRATION NO. N650KA
26 (Aproperty@);

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the United States

2 seizes, arrests, attached, takes into custody, and retains property;
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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that notice of the action and

4 the arrest be given by the United States on the United States=s official internet forfeiture site,
5 www.forfeiture.gov, for at least 30 consecutive days pursuant to Fed. R. Civ. P. Supp. Rule G(4)(a)(iv)
6 which is reasonably calculated to notify potential claimants of this action;
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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that a copy of the

8 Complaint for Forfeiture In Rem, this Order, the Summons and Warrant of Arrest in Rem for the
9 Property, and the Notice of Complaint for Forfeiture and Arrest be personally served or sent by
10 certified mail, return receipt requested, and regular mail to any person who reasonably appears to be a
11 potential claimant on facts known to the United States before the end of the 60 day publication period
12 which is reasonably calculated to notify potential claimants of this action;
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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the United States shall

14 file proof of publication and service with the Clerk of this Court;
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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that a person or an entity

16 who asserts an interest in the defendant property must, pursuant to Fed. R. Civ. P. Supp. Rule G(5),
17 file a verified claim, setting forth the person=s or its interest in the property, that (a) identifies the
18 specific interest in the property claimed, (b) identifies the claimant and states the claimant=s interest in
19 the property, and (c) is signed by the claimant under penalty of perjury pursuant to 28 U.S.C. ' 1746;
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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the person or entity

21 must file the verified claim with the Clerk of the above-entitled Court no later than 35 days after the
22 notice is sent or, if direct notice was not sent, no later than 60 days after the first day of publication on
23 the official internet government forfeiture site, www.forfeiture.gov;
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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the person or entity

25 must file an answer to the Complaint for Forfeiture in Rem or a motion under Rule 12 with the Clerk
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1 of the Court, Lloyd D. George United States Courthouse, 333 Las Vegas Boulevard South, Las Vegas,
2 NV 89101, no later than 21 days after filing the verified claim;
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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the person or entity

4 must serve a copy of the verified claim and the answer at the time of each filing on Michael A.
5 Humphreys, Assistant United States Attorney, Lloyd D. George United States Courthouse, 333 Las
6 Vegas Boulevard South, Suite 5000, Las Vegas, Nevada 89101.
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Failure to file a verified claim and an answer within the prescribed times shall result in a

8 judgment of forfeiture by default.
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Dated: this 1, 2014.
DATEDMay ___ day of May, 2014.

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UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

8 UNITED STATES OF AMERICA,
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Plaintiff,
v.

11 1975 GRUMMAN AMERICAN G-1159
AIRPLANE, SERIAL NO. 157
12 TAIL REGISTRATION NO. N468HW,
13 1969 GRUMMAN AMERICAN G-1159
AIRPLANE, SERIAL NO. 50
14 TAIL REGISTRATION NO. N650KA,
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Defendants.

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SUMMONS AND WARRANT OF ARREST IN REM FOR THE PROPERTY

18 TO:

UNITED STATES MARSHALS SERVICE

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On the 1ST day of May, 2014, the United States of America filed a Complaint for Forfeiture in

20 Rem against the defendant property for the reasons stated in the Complaint;
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YOU ARE, THEREFORE, COMMANDED to seize, to arrest, to attach, to take into

22 custody, and to retain the 1975 GRUMMAN AMERICAN G-1159 AIRPLANE, SERIAL NO. 157
23 TAIL REGISTRATION NO. N468HW and 1969 GRUMMAN AMERICAN G-1159 AIRPLANE,
24 SERIAL NO. 50 TAIL REGISTRATION NO. N650KA; to serve the Complaint for Forfeiture in
25 Rem, the Order for Summons and Warrant of Arrest in Rem for the Property and Notice, the Summons
26 and Warrant of Arrest in Rem for the Property, and the Notice of Complaint for Forfeiture and Arrest,

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1 any person who reasonably appears to be a potential claimant on facts known to the United States
2 before the end of the 60 day publication period of the defendant property; and to make a return of this
3 Summons and Warrant of Arrest in Rem for the Property.
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A person or an entity who asserts an interest in the defendant property must, pursuant to Fed.

5 R. Civ. P. Supp. Rule G(5), (1) file a verified claim, setting forth the person=s or its interest in the
6 property, that (a) identifies the specific interest in the property claimed, (b) identifies the claimant and
7 states the claimant=s interest in the property, and (c) is signed by the claimant under penalty of perjury
8 pursuant to 28 U.S.C. ' 1746; (2) file the verified claim with the Clerk of the above-entitled Court no
9 later than 35 days after the notice is sent or, if direct notice was not sent, no later than 60 days after the
10 first day of publication on the official internet government forfeiture site, www.forfeiture.gov; (3) file
11 an answer to the Complaint for Forfeiture in Rem or a motion under Rule 12 with the Clerk of the
12 Court, Lloyd D. George United States Courthouse, 333 Las Vegas Boulevard South, Las Vegas, NV
13 89101, no later than 21 days after filing the verified claim; and (4) serve a copy of the verified claim
14 and the answer at the time of each filing on Michael A. Humphreys, Assistant United States Attorney,
15 Lloyd D. George United States Courthouse, 333 Las Vegas Boulevard South, Suite 5000, Las Vegas,
16 Nevada 89101.
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If a potential claimant fails to do so, a judgment of forfeiture by default will be entered against

18 that potential claimant for the relief demanded in the Complaint for Forfeiture in Rem.
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All persons and entities who have an interest in the defendant property may, in addition to

20 filing a claim or in lieu of the filing of a claim, submit a Petition for Remission or Mitigation of the
21 forfeiture for a non-judicial determination of this action pursuant to 28 C.F.R. Part 9.
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DATED this __ day of May, 2014.
LANCE S. WILSON, CLERK
United States District Court

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By:
DEPUTY CLERK

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