The opinion of the court was delivered by: Oliver W. Wanger United States District Judge
ORDER AFTER SCHEDULING CONFERENCE
Opposition to Consolidation of Cases Filing Deadline: 4/12/10
Reply to Consolidation of Cases Filing Deadline: 4/19/10
Order to Show Cause re: Consolidation of Cases
Hearing Date: 4/26/10 10:00
I. Date of Scheduling Conference. March 24, 2010.
III. 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 Defendants approximately $2,770.00 in U.S. Currency (hereafter "Defendant currency") and 2005 Chevrolet Truck, VIN: 2GCEC19T051249989, License: 7U34478 (hereafter "Defendant vehicle") constitute proceeds and/or property used to facilitate a conspiracy to commit or are traceable to a violation of 18 U.S.C. § 1028(a)(7) [Identity Theft], 18 U.S.C. § 1029 [Credit Card Fraud], 18 U.S.C. § 1341 [Mail Fraud], 18 U.S.C. § 1343 [Wire Fraud], 18 U.S.C. § 1349 [Conspiracy to Commit Wire Fraud], and 18 U.S.C. §§ 1956 and 1957 [Money Laundering], and are therefore subject to forfeiture pursuant to 18 U.S.C. § 981(a)(1)(A) and (a)(1)(C).
2. On June 11, 2009, a Grand Jury in the Eastern District of California indicted Alfred Darnell Ford for various fraud, identity theft, and money laundering violations. On September 10, 2009, a Grand Jury indicted Alfred Darnell Ford's wife, Renatta Carter Ford, in a superseding indictment. On September 14, 2009, Alfred Darnell Ford entered into a plea agreement pleading guilty to violations of identity theft and access device fraud and was subsequently sentenced on January 4, 2010.
3. GMAC Financial Services, Inc. (hereafter "GMAC") filed an answer and request for expedited settlement in this action as an innocent lien holder.
4. On November 24, 2009, Renatta Carter Ford was personally served with copies of the Complaint, Application and Order for Publication, Warrant for Arrest of Articles In Rem, Notice of Related Case, 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 November 12, 2009. On November 25, 2009, GMAC was served with notice of the forfeiture action by certified mail. On January 4, 2010, Alfred Darnell Ford waived his right to service of the action when he executed a Stipulation for Final Judgment of Forfeiture forfeiting his interest in the Defendant assets. To date, only GMAC has formally appeared in this action.
5. As of the date of the filing of this report, no other potential claimants have filed claims or answers with the court in this action.
6. The government is in communication with Renatta Carter Ford's criminal defense counsel and has granted her an extension of time to answer the government's ...