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United States v. Approximately $203

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


July 2, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
APPROXIMATELY $203,100.00 IN U.S. CURRENCY SEIZED FROM WELLS FARGO SAFE DEPOSIT BOX #014-110,HELD IN THE NAME OF ROBERT ELLAS ORNDOFF, AND, APPROXIMATELY $22,450.00 IN U.S. CURRENCY SEIZED FROM UNION BANK SAFE DEPOSIT BOX #90-116, HELD IN THE NAME OF ROBERT ELLAS ORNDOFF, DEFENDANTS.

The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

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 approximately $203,100.00 in U.S. Currency Seized From Wells Fargo Safe Deposit Box #014-110, held in the name of Robert Ellas Orndoff, and approximately $22,450.00 in U.S. Currency Seized From Union Bank Safe Deposit Box #90-116, held in the name of Robert Ellas Orndoff (hereafter "defendant funds") were seized in the city of Fresno, California, and are in the custody of the U.S. Marshals Service, Eastern District of California. The Drug Enforcement Administration ("DEA") published notice of the non-judicial forfeiture of the defendant funds on March 9, 16, and 23, 2009, 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: 06/30/2009

ORDER

IT IS SO ORDERED.

20090702

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