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United States v. 2001 Volkswagen Beetle

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


August 20, 2008

UNITED STATES OF AMERICA PLAINTIFF,
v.
2001 VOLKSWAGEN BEETLE, VIN: 3VWCK21C91M427412, CALIFORNIA LICENSE PLATE NUMBER: 5SBH743, AND APPROXIMATELY $9,323.36 IN U.S. CURRENCY SEIZED FROM BANK OF AMERICA SAVINGS ACCOUNT NUMBER XXXXXX5024, DEFENDANTS.

The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

REQUEST TO CONTINUE DATE FOR GOVERNMENT'S RESPONSE TO COURT'S ORDER RE EX PARTE APPLICATION FOR DEFAULT AND ORDER THEREON (First Request)

Plaintiff, United States of America, by and through its undersigned attorney, respectfully requests an additional 45 days to respond to the Court's August 5, 2008, Order Re Ex Parte Application for Default in the above-captioned case. The United States further requests that the hearing on said Application for Default currently scheduled for September 5, 2008, be continued 45 days to October 20, 2008, or as soon thereafter as said motion can be heard.

The United States has determined that, due to a miscommunication, the United States Marshal's Service inadvertently failed to serve potential claimant Gustavo Solis with the second service package. A 45 day continuance will allow for service of potential claimant Gustavo Solis, the statutory response period to lapse and for the United States to meet all service requirements.

Respectfully submitted, Dated: Aug. 19, 2008 McGREGOR W. SCOTT United States Attorney

STEPHANIE HAMILTON BORCHERS Assistant United States Attorney

ORDER

For good cause, IT IS HEREBY ORDERED that the September 5, 2008, hearing date is vacated and continued an additional 45 days.

The hearing is RESCHEDULED for October 24, 2008, at 9:30 a.m. in Courtroom 10 before the undersigned.

IT IS SO ORDERED.

20080820

© 1992-2008 VersusLaw Inc.



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