IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
March 13, 2009
UNITED STATES OF AMERICA, PLAINTIFF,
2006 TOYOTA TUNDRA SR-5 TRUCK, VIN: 5TBDT44176S529821, CALIFORNIA LICENSE NUMBER: 8C49361, DEFENDANT.
APPLICATION AND ORDER PUBLICATION
The United States of America, Plaintiff herein, applies for an order of publication as follows:
1. Rule G(4) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions (hereafter "Supplemental Rules") provides that the Plaintiff shall cause public notice of the action and arrest to be given in a newspaper of general circulation or on the official internet government forfeiture site;
2. Local Rule 83-171, Eastern District of California, provides that the Court shall designate by order the appropriate newspaper or other vehicle for publication;
3. The defendant 2006 Toyota Tundra SR-5 Truck, VIN: 5TBDT44176S529821, California License Number: 8C49361 (hereafter "defendant vehicle") was seized in the city of Oroville, Butte County, California. The Drug Enforcement Administration published notice of the non-judicial forfeiture of the defendant vehicle on November 17, 24 and December 1, 2008, in The Wall Street Journal.
4. Plaintiff proposes that publication be made as follows:
a. One publication;
b. Thirty (30) consecutive days;
c. On the official internet government forfeiture site www.forfeiture.gov;
d. The publication is to include the following:
(1) The Court and case number of the action;
(2) The date of the arrest/seizure;
(3) The identity and/or description of the property arrested/seized;
(4) The name and address of the attorney for the Plaintiff;
(5) A statement that claims of persons entitled to possession or claiming an interest pursuant to Supplemental Rule G(5) must be filed with the Court and served on the attorney for the Plaintiff no later than 60 days after the first day of publication on the official internet government forfeiture site; and
(6) A statement that answers to the Complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure ("Fed. R. Civ. P.") must be filed and served within 20 days after the filing of the claims and, in the absence thereof, default may be entered and condemnation ordered.
Dated: March 4, 2009
LAWRENCE G. BROWN Acting United States Attorney
KRISTIN S. DOOR Assistant United States Attorney
IT IS SO ORDERED.
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