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United States v. Real Property Located at 14883 Tulare County Johnson Drive

August 10, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
REAL PROPERTY LOCATED AT 14883 TULARE COUNTY JOHNSON DRIVE, OROSI, CALIFORNIA; APNS: 035-260-007-000 AND 035-260-010-000 (PARCEL 2) AND PAN: 035-260-012 (PARCEL 3), APPURTENANCES AND IMPROVEMENTS INCLUDING ALL THERETO, DEFENDANTS.



The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

ORDER AFTER SCHEDULING CONFERENCE

I. Date of Scheduling Conference

August 7, 2009.

II. Summary of Pleadings

1. This is an in rem civil forfeiture action. In its Verified Complaint for Forfeiture In Rem, the government alleges that the real property located at 14883 Johnson Drive, Orosi, California, Tulare County, APNs: 035-260-007-000 and 035-260-010-000 (Parcel 2) and APN: 035-260-012 (Parcel 3), including all appurtenances and improvements thereto (hereafter "defendant real property") was used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, a violation of 21 U.S.C. § 841 et seq., an offense punishable by more than one year's imprisonment and is therefore subject to forfeiture to the United States pursuant to 21 U.S.C. § 881(a)(7). The defendant real property was posted with a copy of the Complaint and Notice of Complaint on March 18, 2009.

2. Perry Lee Willmore and Gaeney Marie Willmore own the defendant real property and on October 23, 2008, were indicted with violations of 21 U.S.C. §§ 846, 841(a)(1), and 841(b)(1)(A) - Conspiracy to Manufacture and Distribute Marijuana and Manufacturing Marijuana.

3. Notice of the civil forfeiture was posted on the official government internet site www.forfeiture.gov for at least 30 consecutive days, beginning on April 18, 2009, pursuant to the Order of Publication filed February 20, 2009.

4. On April 10, 2009, Patsy Willmore filed an answer to the government's complaint, however, no claim has been filed.

5. On or about March 19, 2009, a copy of the Verified Complaint, Notice of Complaint, Application and Order for Publication, Lis Pendens, Lis Pendens, Order Setting Mandatory Scheduling Conference, Standing Order, Notice of Availability of a Magistrate Judge, Notice of Availability of Voluntary Dispute Resolution, and notice of forfeiture letter dated February 19, 2009, were personally served on Perry Lee Willmore.

6. On or about May 14, 2009, Gaeney Marie Willmore was served with the above-listed documents through her counsel Eric H. Schweitzer, who agreed to accept service on her behalf.

7. As of the date of the filing of this report, neither Perry Lee Willmore, Gaeney Marie Willmore, nor any other potential claimants have filed claims or answers or otherwise appeared in this action and the time to file a claim and answer has expired.

8. On February 27, 2009, Alastair Fraser and Loretta Fraser filed an action for reformation of Deeds of Trust recorded May 12, 2006, as Document Numbers 2006-0049929, 2006-0049930, and 2006-0049931 in Tulare County Superior Court against Perry Lee Willmore, Gaeney Marie Willmore, and the United States. On May 5, 2009, the United States removed the action from the Tulare Superior Court to Federal District Court as it is an action affecting property on which the United States has a lien.

III. Orders Re Amendments To Pleadings

1. The parties do not anticipate amending the ...


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