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United States v. 2007 Yamaha Rhino ATV

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


March 13, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
2007 YAMAHA RHINO ATV, VIN: 5Y4AM04Y27A033940, CALIFORNIA LICENSE NUMBER: 78E45A, 2004 MITSUBISHI KOYKER TRACTOR, SERIAL NUMBER: 110337, 2004 TERRY TRAILERS FLATBED TRAILER, VIN: 1T9CS18274W709850, CALIFORNIA LICENSE NUMBER: 4GG7716, 2008 SPCNS TRAILER PTI, VIN: CA1056326, CALIFORNIA LICENSE NUMBER: 4JJ2908, AND 2008 YAMAHA 700R RAPTOR ATV, VIN: JY4AM07Y56C025552, DEFENDANTS.

APPLICATION AND ORDER FOR 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 defendants 2007 Yamaha Rhino ATV, VIN: 5Y4AM04Y27A033940, California License Number: 78E45A; 2004 Mitsubishi Koyker Tractor, Serial Number: 110337; 2004 Terry Trailers Flatbed Trailer, VIN: 1T9CS18274W709850, California License Number: 4GG7716, and 2008 SPCNS Trailer PTI, VIN: CA1056326, California License Number: 4JJ2908 were seized in the city of Oroville, Butte County, California. The Drug Enforcement Administration ("DEA") published notice of the non-judicial forfeiture of the above defendant vehicles on November 24, December 1 and 8, 2008, in The Wall Street Journal. In addition, the defendant 2008 Yamaha 700R Raptor ATV, VIN: JY4AM07Y56C025552 was seized in the city of Oroville, Butte County, California. The DEA published notice of the non-judicial forfeiture of this defendant vehicle on December 1, 8 and 15, 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 12, 2009

LAWRENCE G. BROWN Acting United States Attorney

KRISTIN S. DOOR Assistant United States Attorney

ORDER

IT IS SO ORDERED.

20090313

© 1992-2009 VersusLaw Inc.



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