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United States v. Approximately $26

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


August 12, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
APPROXIMATELY $26,851.00 IN U.S. CURRENCY, APPROXIMATELY $70,700.00 IN U.S. CURRENCY, 21 ONE-OUNCE GOLD COINS AND 28 ONE-OUNCE SILVER COINS VALUED AT APPROXIMATELY $19,236.00, ASSORTED SILVER U.S. COINS VALUED AT APPROXIMATELY $15,111.25, 2006 DUCATI SS 1000 MOTORCYCLE, VIN: ZDM1LABP36B005402, LICENSE NUMBER 18B5880, 1968 CHEVROLET CAMARO RALLY SPORT, VIN: 123678N433442, LICENSE NUMBER 6DEB840, AND 1989 CUSTOM HARLEY DAVIDSON SCREAMING EAGLE MOTORCYCLE, VIN: 1HD1BKL38KY011508, LICENSE NUMBER 18A1847, 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 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 Approximately $26,851.00 in U.S. Currency was seized in Butte County, the defendant Approximately $70,700.00 in U.S. Currency, 21 One-Ounce Gold Coins and 28 One-Ounce Silver coins valued at approximately $19,236.00, Assorted Silver U.S. Coins valued at approximately $15,111.25, 2006 Ducati SS 1000 Motorcycle, and 1968 Chevrolet Camaro Rally Sport were seized in the city of Oroville, in Butte County, California. The defendant 1989 Custom Harley Davidson Screaming Eagle Motorcycle was seized in city of Durham, in Butte County, California. The Drug Enforcement Administration published notice of the non-judicial forfeiture of the defendant properties on May 11, 18, and 25, 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 seizure/posting;

(3) The identity and/or description of the property seized/posted;

(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: August 11, 2009

ORDER

IT IS SO ORDERED.

20090812

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