USA v. Toyota Tacoma

Filing 65

ORDER ACCEPTING the 60 Report and Recommendation and DENYING the Government's 49 Motion to Strike. Signed by William M. Skretny U.S.D.J. on 8/17/2009. (MEAL)

UNITED STATES DISTRICT COURT W ESTERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA v. ORDER 01-CV-719S

2000 TOYOTA TACOMA AUTOMOBILE, ONE VEHICLE IDENTIFICATION NUMBER 4TAWM72N4YZ631871, Defendant.

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This case involves the forfeiture of funds generated by the sale of Defendant

automobile, and the claims filed by two individuals ­ Manuel Hernandez and Maria Gonzalez ­ that they are entitled to the proceeds from the sale of Defendant vehicle.1 2. On September 25, 2008, this Court referred the matter to the Honorable

Hugh B. Scott, United States Magistrate Judge, for all pretrial matters pursuant to 28 U.S.C. § 636(b)(1)(A). (Docket No. 27.) 3. On April 10, 2009, the Government filed a Motion to Strike Hernandez's claim

based upon his failure to respond to discovery requests. (Docket No. 49.) By way of Report and Recommendation, Judge Scott recommended that the Government's Motion be denied. (Docket No. 60.) No objections to the Report and Recommendation were received from either party within ten (10) days from the date of its service, in accordance

Gonzalez's claim s to the proceeds from the sale of Defendant autom o b ile have been deem e d a b a n d o n e d and her claim has been dism is s e d . (Docket No. 51.)

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with 28 U.S.C. § 636(b)(1)(C) and Local Rule 72.3(a)(3).2 4. This Court has carefully reviewed Judge Scott's Report and Recommendation

as well as the underlying papers and will accept Judge Scott's recommendation.

IT IS HEREBY ORDERED, that this Court accepts Judge Scott's Report and Recommendation (Docket No. 60) in its entirety, including the authorities cited and the reasons given therein. FURTHER, that the Government's Motion to Strike (Docket No. 49) is DENIED. SO ORDERED. Dated: August 17, 2009 Buffalo, New York

/s/William M. Skretny WILLIAM M. SKRETNY United States District Judge

At a status conference held before Judge Scott on August 5, 2009, Hernandez advised the court th a t he has agreed to accept a settlem e n t offer extended by the Governm e n t. (Docket No. 64.) Judge S c o tt directed the parties to subm it a stipulation of discontinuance to this Court. (Id.)

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