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United States of America v. 2005 Toyota 4-Runner Truck

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


August 29, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
2005 TOYOTA 4-RUNNER TRUCK, VIN: JTEBU14R750068701, CALIFORNIA LICENSE: 5MGM397, APPROXIMATELY $1,193.00 IN U.S. CURRENCY, AND APPLE 16GB IPAD, DEFENDANTS.

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;

1 Application and Order for Publication

2. Local Rule 171, Eastern District of California, provides that the Court shall designate by order the appropriate newspaper or other vehicle for publication;

3. The defendant 2005 Toyota 4-Runner Truck, VIN: JTEBU14R750068701, California License: 5MGM397, Approximately $1,193.00 in U.S. Currency, and an Apple 16GB IPad, (hereafter "defendant property") was seized in the city of Stockton, in San Joaquin, California. The United States Secret Service published notice on May 27, June 3, and June 10, 2011, 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

2 Application and Order for Publication

(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: 8/26/11 BENJAMIN B. WAGNER United States Attorney By: KEVIN C. KHASIGIAN Assistant U.S. Attorney

ORDER

With one alteration, the foregoing is the order of the Court. The sentence at Part 4(d)(6) is hereby amended to read, pursuant to Rule G(5)(b): "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 the filing of the claims and, in the absence thereof, default may be entered and condemnation ordered."

IT IS SO ORDERED.

3 Application and Order for Publication

20110829

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