IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
July 27, 2009
UNITED STATES OF AMERICA, PLAINTIFF,
2005 HONDA ACCORD-V6, VIN: 1HGCM82685A005662, CALIFORNIA LICENSE PLATE NUMBER: 5NLG520, DEFENDANT.
FINDINGS AND RECOMMENDATIONS
This matter came before the Honorable Dale A Drozd on plaintiff United States' ex parte motion for default judgment. There was no appearance by or on behalf of any other person or entity claiming an interest in the defendant Honda to oppose plaintiff's motion. Based on plaintiff's motion and the files and records of the court, THE COURT FINDS as follows:
1. This action arose out of a Verified Complaint for Forfeiture In Rem filed December 23, 2008.
2. Plaintiff United States of America has moved this Court, pursuant to Local Rule A-540, for entry of default judgment of forfeiture against potential claimants Thau Benh Cam, Kiu Camung and Danny Cam.
3. Plaintiff has shown that a complaint for forfeiture was filed; that potential claimants Thau Benh Cam, Kiu Camung and Danny Cam received notice of the forfeiture action; that any and all other unknown potential claimants have been served by publication; and that grounds exist for entry of a final judgment of forfeiture.
Therefore, IT IS RECOMMENDED as follows:
4. That Thau Benh Cam, Kiu Camung and Danny Cam be held in default;
5. That plaintiff's motion for default judgment and final judgment of forfeiture be granted;
6. That a judgment by default be entered against any right, title or interest of potential claimants Thau Benh Cam, Kiu Camung and Danny Cam in the defendant Honda;
7. That a final judgment be entered, forfeiting all right, title and interest in the defendant Honda to the United States of America, to be disposed of according to law.
8. That the Default Judgment and Final Judgment of Forfeiture lodged herein be signed by the Honorable Morrison C. England and filed by the Clerk of the Court.
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