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United States of America v. Real Property Located At 15438 Old Toll Road

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


January 26, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
REAL PROPERTY LOCATED AT 15438 OLD TOLL ROAD, CAMPTONVILLE, CALIFORNIA, YUBA COUNTY, APN: 064-210-041, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS )THERETO, DEFENDANT.

The opinion of the court was delivered by: Kendall J. Newman 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 to be given in a newspaper of general circulation or on the official internet government forfeiture site;

2. Local Rule 171, Eastern District of California, provides that the Court shall designate by order the appropriate newspaper

1 Application and Order for Publication or other vehicle for publication;

3. The defendant real property is located in the city of Camptonville, Yuba County, California;

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 21 days after 2 Application and Order for Publication the filing of the claims and, in the absence thereof, default may be entered and condemnation ordered.

DATED:1/8/11

BENJAMIN B. WAGNER United States Attorney By: KELLI L. TAYLOR Assistant U.S. Attorney

ORDER

The order for publication is hereby granted. However, the undersigned notes that the application did not clearly state a "Frequency of Publication" pursuant to Rule 4(G)(4)(A)(iii). With respect to the frequency of publication, published notice must appear either "once a week for three consecutive weeks" or "only once if, before the action was filed, notice of non-judicial forfeiture of the same property was published...." Rule 4(G)(4)(A)(iii). The application requesting the order did not clearly express whether publication would occur with either of these two frequencies.

Nonetheless, in addressing the "Means of Publication" pursuant to Rule 4(G)(4)(iv)(c), the application proposed publishing notice on the official government forfeiture website for "thirty (30) consecutive days." (Dkt. No. 1-2 ¶ 4.b.) Because posting for "thirty (30) consecutive days" is an even greater 3 Application and Order for Publication frequency than the "once a week for three consecutive weeks" required by Rule 4(G)(4)(A)(iii), ample notice will be provided.

IT IS SO ORDERED.

20110126

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