United States v. Real property located at 260 East Flamingo Road, Unit 205 [also known as Unit 233], Las Vegas, Nevada, 89169

Filing 7

ORDER for Service and Publication of Notice Signed by Magistrate Judge Carl W. Hoffman on 4/9/15. (Copies have been distributed pursuant to the NEF - TR)

Case 2:15-cv-00350-APG-CWH Document 2 Filed 02/27/15 Page 1 of 4

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

7 UNITED STATES OF AMERICA,
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Plaintiff,
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v.
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REAL PROPERTY LOCATED AT 260 EAST
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FLAMINGO ROAD, UNIT NO. 205 [ALSO
KNOWN AS UNIT NO. 233], LAS VEGAS,
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NEVADA, 89169 MORE PARTICULARLY
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DESCRIBED AS:
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PARCEL I:
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UNIT TWO HUNDRED THIRTY-THREE (233)
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(“UNIT”) IN BUILDING FOUR (4)
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(“BUILDING”) AS SHOWN ON THE FINAL
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PLAT OF THE MERIDIAN AT HUGHES
CENTER, FILED IN BOOK 49 OF PLATS, PAGE )
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40, IN THE OFFICIAL RECORDS OF THE
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COUNTY RECORDER, CLARK COUNTY,
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NEVADA (“PLAT”), AND AS DEFINED AND
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SET FORTH IN AND SUBJECT TO THAT
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CERTAIN DECLARATION OF COVENANTS,
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CONDITIONS AND RESTRICTIONS FOR THE
MERIDIAN AT HUGHES CENTER, RECORDED )
JUNE 1, 2005 AS INSTRUMENT NO. 0001551 IN )
BOOK 20050601 OFFICIAL RECORDS, CLARK )
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COUNTY NEVADA (“THE MERIDIAN AT
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HUGHES CENTER DECLARATION”)
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PARCEL II:
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TOGETHER WITH AN UNDIVIDED
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ALLOCATED FRACTIONAL INTEREST IN
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AND TO THE GENERAL COMMON

2:15-CV-350

Case 2:15-cv-00350-APG-CWH Document 2 Filed 02/27/15 Page 2 of 4

1 ELEMENTS, AS SET FORTH IN, AND
SUBJECT TO, THE PLAT AND THE MERIDIAN
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AT HUGHES CENTER DECLARATION.
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PARCEL III:
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TOGETHER WITH AN EXCLUSIVE INTEREST
5 IN AND TO THOSE LIMITED COMMON
6 ELEMENTS, IF ANY, APPURTENANT TO THE
UNIT, AS SET FORTH IN, AND SUBJECT TO,
7 THE PLAT AND THE MERIDIAN AT HUGHES
CENTER DECLARATION.
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PARCEL IV:
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TOGETHER WITH A NON-EXCLUSIVE
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EASEMENT OF REASONABLE INGRESS
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TO AND EGRESS FROM THE UNIT, AND OF
ENJOYMENT OF THE GENERAL COMMON
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ELEMENTS, AS SET FORTH IN, AND
SUBJECT TO, THE PLAT AND THE MERIDIAN )
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AT HUGHES CENTER DECLARATION.
APN: 162-16-810-479.
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Defendant.
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ORDER FOR SERVICE AND PUBLICATION OF NOTICE
A Complaint for Forfeiture in Rem has been filed herein by the United States of America

18 (“United States”). Pursuant to 18 U.S.C. § 985(c)(1), the government shall initiate a civil forfeiture
19 action against real property by filing a complaint for forfeiture; posting a notice of the complaint on the
20 property; and serving notice on the property owner, along with a copy of the complaint.
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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the United States post the

22 Complaint for Forfeiture In Rem (“Complaint”), the Order for Service and Publication of Notice
23 (“Order”), and the Notice of Complaint for Forfeiture (“Notice”) on the defendant real property.
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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the United States serve the

25 Complaint, the Order, and the Notice on the real property owner.
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Case 2:15-cv-00350-APG-CWH Document 2 Filed 02/27/15 Page 3 of 4

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that notice of the action be

2 given by the United States on the United States= official internet forfeiture site, www.forfeiture.gov, for at
3 least 30 consecutive days pursuant to 18 U.S.C. § 985 and Supplemental Rules for Certain Admiralty or
4 Maritime Claims and Asset Forfeiture Action (“Fed. R. Civ. P. Supp. Rule”) G(4)(a)(iv) which is
5 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 Complaint,

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

12 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 who

14 asserts an interest in the defendant property must, pursuant to Fed. R. Civ. P. Supp. Rule G(5), file a
15 verified claim, setting forth the person=s or its interest in the property, that (a) identifies the specific
16 interest in the property claimed, (b) identifies the claimant and states the claimant=s interest in the
17 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 must

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

23 file an answer to the Complaint for Forfeiture in Rem or a motion under Rule 12 with the Clerk of the
24 Court, Lloyd D. George United States Courthouse, 333 Las Vegas Boulevard South, Las Vegas, NV
25 89101, no later than 21 days after filing the verified claim;
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Case 2:15-cv-00350-APG-CWH Document 2 Filed 02/27/15 Page 4 of 4

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the person or entity must

2 serve a copy of the verified claim and the answer at the time of each filing on Michael A. Humphreys,
3 Assistant United States Attorney, Lloyd D. George United States Courthouse, 333 Las Vegas Boulevard
4 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

6 judgment of forfeiture by default.
April 9
7 DATED: __________ ___, 2015.
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UNITED STATES
C.W. Hoffman, Jr. DISTRICT JUDGE
United States Magistrate Judge

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