-DAD United States of America v. Approximately $13,896.00 in U.S. Currency et al, No. 2:2009cv01094 - Document 30 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS, recommending that Justin Lee Taylor, Joshua Patrick Snider, John Matthew Maddrill, and Budget, PV Holding Corporation be held in default; plaintiff's 28 Ex Parte Motion for Default Judgment and Final Judgment of F orfeiture be granted; a Default Judgment be entered against any right, title or interest of potential claimants Justin Lee Taylor,Joshua Patrick Snider, John Matthew Maddrill, and Budget, PV Holding Corporation in defendant currency; Final Judgment b e entered, forfeiting all right, title and interest in defendant currency to United States ofAmerica, to be disposed of according to law; and plaintiffs Proposed Default Judgment and Final Judgment of Forfeiture be signed by the Honorable Morrison C. England, Jr. and filed by Clerk of Court, signed by Judge Morrison C. England, Jr. on 12/13/2010. (Marciel, M)
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-DAD United States of America v. Approximately $13,896.00 in U.S. Currency et al 1 2 3 4 5 Doc. 30 BENJAMIN B. WAGNER United States Attorney SARALYN M. ANG-OLSON, SBN 197404 Special Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916) 554-2700 Attorneys for Plaintiff United States of America 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 UNITED STATES OF AMERICA, 11 12 13 ) ) ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff, v. APPROXIMATELY $13,896.00 IN U.S. CURRENCY, and 14 15 APPROXIMATELY $12,310.00 IN U.S. CURRENCY, 16 Defendants. 2:09-CV-01094-MCE-DAD FINDINGS AND RECOMMENDATIONS 17 18 This matter came before the Honorable Judge Dale A. Drozd on 19 plaintiff United States’ ex parte motion for default judgment. 20 There was no appearance by or on behalf of any other person or 21 entity claiming an interest in the defendant currency to oppose 22 plaintiff’s motion. 23 and records of the court, THE COURT FINDS as follows: 24 25 26 1. Based on plaintiff’s motion and the files This action arose out of a Verified Complaint for Forfeiture In Rem filed April 21, 2009. 2. Plaintiff United States of America has moved this Court, 27 pursuant to Local Rule 540, for entry of default judgment of 28 forfeiture against potential claimants Justin Lee Taylor, Joshua 1 Findings and Recommendations Dockets.Justia.com 1 Patrick Snider, John Matthew Maddrill, and Budget, PV Holding 2 Corporation. 3 3. Plaintiff has shown that a complaint for forfeiture was 4 filed; that potential claimants Justin Lee Taylor, Joshua Patrick 5 Snider, John Matthew Maddrill, and Budget, PV Holding Corporation 6 received notice of the forfeiture action; that any and all other 7 unknown potential claimants have been served by publication; and 8 that grounds exist for entry of a final judgment of forfeiture. 9 10 11 12 13 14 Therefore, IT IS RECOMMENDED that: 1. Justin Lee Taylor, Joshua Patrick Snider, John Matthew Maddrill, and Budget, PV Holding Corporation be held in default; 2. Plaintiff's motion for default judgment and final judgment of forfeiture (Doc. No. 28) be granted; 3. A judgment by default be entered against any right, 15 title or interest of potential claimants Justin Lee Taylor, 16 Joshua Patrick Snider, John Matthew Maddrill, and Budget, PV 17 Holding Corporation in the defendant currency; 18 4. A final judgment be entered, forfeiting all right, title 19 and interest in the defendant currency to the United States of 20 America, to be disposed of according to law; and 21 5. Plaintiff’s Proposed Default Judgment and Final Judgment 22 of Forfeiture be signed by the Honorable Morrison C. England, Jr. 23 and filed by the Clerk of the Court. 24 DATED: December 13, 2010. 25 26 27 28 Ddad1\orders.civil\USvApprox$13,896.1094.f&r 2 Findings and Recommendations