USA v. The Contents of Wells Fargo Bank Investment Account No. 1687332 In The Name of Johanna Leal, and et al, No. 1:2009cv00007 - Document 35 (E.D. Cal. 2010)
Court Description: AMENDED DEFAULT JUDGMENT AND FINAL JUDGMENT OF FORFEITURE, signed by Judge Oliver W. Wanger on 01/26/2010. (Martin, S)
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USA v. The Contents of Wells Fargo Bank Investment Account No. 1687332 I...f Johanna Leal, and et al 1 5 BENJAMIN B. WAGNER United States Attorney DEANNA L. MARTINEZ Assistant United States Attorney United States Courthouse 2500 Tulare Street, Suite 4401 Fresno, California 93721 Telephone: (559) 497-4000 Facsimile: (559) 497-4099 6 Doc. 35 Attorneys for Plaintiff 2 3 4 7 8 IN THE UNITED STATES DISTRICT COURT FOR THE 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 UNITED STATES OF AMERICA, ) 1:09-CV-00007-OWW-SMS ) Plaintiff, ) AMENDED DEFAULT JUDGMENT AND ) FINAL JUDGMENT OF FORFEITURE v. ) ) THE CONTENTS OF WELLS FARGO ) BANK INVESTMENT ACCOUNT NO. ) 16873200 IN THE NAME OF JOHANNA ) LEAL, and, ) ) APPROXIMATELY $6,595.50 IN U.S. ) CURRENCY SEIZED FROM WELLS ) FARGO BANK ACCOUNT NO. ) 3393605765, ) ) Defendants. ) _____________________________________) 20 21 This matter is before the Court on plaintiff United States’ Ex Parte Motion for Default 22 Judgment and Final Judgment of Forfeiture filed August 7, 2009. The Magistrate Judge has 23 recommended that the United States’ motion for default judgment be granted. The time for objecting 24 to the Order Vacating Hearing on Plaintiff’s Motion for Default Judgment and Deeming Matter 25 Submitted for Decision (Doc. 24) Findings and Recommendations Re: Plaintiff’s Motion for Default 26 Judgment (Doc. 24) Order Directing Plaintiff to Serve These Findings and Recommendations on All 27 Potential Claimants and File a Proof of Service of the Magistrate Judge have passed and no timely 28 objections have been filed. An Order Adopting Findings and Recommendations (Doc. 28) Order DEFAULT JUDGMENT AND FINAL JUDGMENT OF FORFEITURE Dockets.Justia.com 1 Granting Motion for Default Judgment (Doc. 24) Order Directing Clerk to Enter Judgment -and- 2 Final Judgment of Forfeiture for Plaintiff was filed on December 15, 2009. Based on the Magistrate 3 Judge’s Order Vacating Hearing on Plaintiff’s Motion for Default Judgment and Deeming Matter 4 Submitted for Decision (Doc. 24) Findings and Recommendations Re: Plaintiff’s Motion for Default 5 Judgment (Doc. 24) Order Directing Plaintiff to Serve These Findings and Recommendations on All 6 Potential Claimants and File a Proof of Service, the Order Adopting Findings and Recommendations 7 (Doc. 28) Order Granting Motion for Default Judgment (Doc. 24) Order Directing Clerk to Enter 8 Judgment -and- Final Judgment of Forfeiture for Plaintiff, and the files and records of the Court, it 9 is 10 ORDERED, ADJUDGED, AND DECREED: 11 1. The Court adopts the Magistrate Judge’s October 27, 2009 Order Vacating Hearing 12 on Plaintiff’s Motion for Default Judgment and Deeming Matter Submitted for Decision (Doc. 24) 13 Findings and Recommendations Re: Plaintiff’s Motion for Default Judgment (Doc. 24) Order 14 Directing Plaintiff to Serve These Findings and Recommendations on All Potential Claimants and 15 File a Proof of Service in full. 16 2. Johanna Leal and Jorge Leal are held in default. 17 3. A judgment by default is hereby entered against any right, title, or interest in the 18 defendant Contents of Wells Fargo Bank Investment Account No. 16873200 in the Name of Johanna 19 Leal and defendant approximately $6,595.50 in U.S. Currency Seized from Wells Fargo Bank 20 Account No. 3393605765 of Johanna Leal, Jorge Leal, and all other potential claimants who have 21 not filed claims in this action. 22 4. A final judgment is hereby entered forfeiting all right, title, and interest in the 23 defendant Contents of Wells Fargo Bank Investment Account No. 16873200 in the Name of Johanna 24 Leal and defendant approximately $6,595.50 in U.S. Currency Seized from Wells Fargo Bank 25 /// 26 /// 27 /// 28 /// DEFAULT JUDGMENT AND FINAL JUDGMENT OF FORFEITURE 2 1 Account No. 3393605765 to the United States of America, to be disposed of according to law, 2 including all right, title, and interest of Johanna Leal and Jorge Leal. 3 5. All parties shall bear their own costs and attorneys' fees. 4 5 IT IS SO ORDERED. 6 Dated: January 26, 2010 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DEFAULT JUDGMENT AND FINAL JUDGMENT OF FORFEITURE 3
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