United States of America v. 2007 BMW Convertible 650i, VIN: WBAEK13577CN80379, License Number 6CBS415, No. 1:2009cv00009 - Document 37 (E.D. Cal. 2009)
Court Description: Default Judgment and Final Judgment of Forfeiture signed by Judge Oliver W. Wanger on 12/18/2009. (Bradley, A)
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United States of America v. 2007 BMW Convertible 650i, VIN: WBAEK13577CN80... License Number 6CBS415 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. 37 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 UNITED STATES OF AMERICA, ) 1:09-CV-00009-OWW-SMS ) Plaintiff, ) DEFAULT JUDGMENT AND FINAL ) JUDGMENT OF FORFEITURE v. ) ) 2007 BMW CONVERTIBLE 650i, VIN: ) WBAEK13577CN80379, ) LICENSE NUMBER 6CBS415, ) ) Defendant. ) _____________________________________) 17 18 This matter is before the Court on plaintiff United States’ Ex Parte Motion for Default 19 Judgment and Final Judgment of Forfeiture filed August 7, 2009. The Magistrate Judge has 20 recommended that the United States’ motion for default judgment be granted. The time for objecting 21 to the Order Vacating Hearing on Plaintiff’s Motion for Default Judgment and Deeming Matter 22 Submitted for Decision (Doc. 28) Findings and Recommendations Re: Plaintiff’s Motion for Default 23 Judgment (Doc. 28) Order Directing Plaintiff to Serve These Findings and Recommendations on All 24 Potential Claimants and File a Proof of Service of the Magistrate Judge have passed and no timely 25 objections have been filed. An Order Adopting Findings and Recommendations (Doc. 32) Order 26 Granting Motion for Default Judgment (Doc. 28) Order Directing Clerk to Enter Judgment -and- 27 Final Judgment of Forfeiture for Plaintiff was filed on December 15, 2009. Based on the Magistrate 28 Judge’s Order Vacating Hearing on Plaintiff’s Motion for Default Judgment and Deeming Matter DEFAULT JUDGMENT AND FINAL JUDGMENT OF FORFEITURE Dockets.Justia.com 1 Submitted for Decision (Doc. 28) Findings and Recommendations Re: Plaintiff’s Motion for Default 2 Judgment (Doc. 28) Order Directing Plaintiff to Serve These Findings and Recommendations on All 3 Potential Claimants and File a Proof of Service , the Order Adopting Findings and Recommendations 4 (Doc. 32) Order Granting Motion for Default Judgment (Doc. 28) Order Directing Clerk to Enter 5 Judgment -and- Final Judgment of Forfeiture for Plaintiff, and the files and records of the Court, it 6 is 7 ORDERED, ADJUDGED, AND DECREED: 8 1. The Court adopts the Magistrate Judge’s October 27, 2009 Order Vacating Hearing 9 on Plaintiff’s Motion for Default Judgment and Deeming Matter Submitted for Decision (Doc. 28) 10 Findings and Recommendations Re: Plaintiff’s Motion for Default Judgment (Doc. 28) Order 11 Directing Plaintiff to Serve These Findings and Recommendations on All Potential Claimants and 12 File a Proof of Service in full. 13 2. 14 in default. 15 3. Guadalupe Avina, Jorge Leal, Elisa Leal, Johanna Leal, and Vanessa Leal are held A judgment by default is hereby entered against any right, title, or interest in the 16 defendant 2007 BMW Convertible 650i, VIN: WBAEK13577CN80379, License Number 6CBS415 17 of Guadalupe Avina, Jorge Leal, Elisa Leal, Johanna Leal, Vanessa Leal, and all other potential 18 claimants who have not filed claims in this action. 19 4. A final judgment is hereby entered forfeiting all right, title, and interest in the 20 defendant 2007 BMW Convertible 650i, VIN: WBAEK13577CN80379, License Number 6CBS415 21 to the United States of America, to be disposed of according to law, including all right, title, and 22 interest of Guadalupe Avina, Jorge Leal, Elisa Leal, Johanna Leal, and Vanessa Leal. 23 5. All parties shall bear their own costs and attorneys' fees. 24 SO ORDERED, this 18th day of December, 2009. 25 /s/ OLIVER W. WANGER OLIVER W. WANGER United States District Judge 26 27 28 DEFAULT JUDGMENT AND FINAL JUDGMENT OF FORFEITURE 2
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