United States of America v. 2007 Porsche GT3, No. 2:2009cv01114 - Document 31 (E.D. Cal. 2009)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 10/27/09 Recommending that Barclays Bank, Chase Bank and Gregory Tepenkiozis be held in default; Plaintiff's MOTION for default judgment and final judgment of forfeiture [3 0] be granted; a judgment by default be entered against any right, title or interest of potential claimants Barclays Bank, Chase Bank and Gregory Tepenkiozis in the defendant Porsche; a final judgment be entered, forfeiting all right, title and inter est in the defendant Porsche to the United States of America, to be disposed of according to law; the Default Judgment and Final Judgment of Forfeiture lodged herein be signed by the Honorable Morrison C. England and filed by the Clerk of the Court. (Mena-Sanchez, L)

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United States of America v. 2007 Porsche GT3 1 2 3 4 5 Doc. 31 LAWRENCE G. BROWN United States Attorney SARALYN M. ANG-OLSON, SBN 197404 Special Assistant United States 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 11 12 13 14 15 16 UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) 2007 PORSCHE GT3, VIN: ) WPOAC29947S792550, ) ) Defendant. ) ______________________________) 2:09-CV-01114-MCE-DAD FINDINGS AND RECOMMENDATIONS 17 18 This matter came before the Honorable 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 Porsche to oppose 22 plaintiff’s motion. 23 and records of the court, THE COURT FINDS as follows: 24 25 1. Based on plaintiff’s motion and the files This action arose out of a Verified Complaint for Forfeiture In Rem filed April 23, 2009. 26 2. Plaintiff United States of America has moved this 27 Court, pursuant to Local Rule A-540, for entry of default 28 ///// 1 Findings and Recommendations Dockets.Justia.com 1 judgment of forfeiture against potential claimants Barclays Bank, 2 Chase Bank and Gregory Tepenkiozis. 3 3. Plaintiff has shown that a complaint for 4 forfeiture was filed; that potential claimants Barclays Bank, 5 Chase Bank and Gregory Tepenkiozis received notice of the 6 forfeiture action; that any and all other unknown potential 7 claimants have been served by publication; and that grounds exist 8 for entry of a final judgment of forfeiture. 9 10 11 12 13 14 Therefore, IT IS RECOMMENDED as follows: 4. That Barclays Bank, Chase Bank and Gregory Tepenkiozis be held in default; 5. That plaintiff's motion for default judgment and final judgment of forfeiture be granted; 6. That a judgment by default be entered against any 15 right, title or interest of potential claimants Barclays Bank, 16 Chase Bank and Gregory Tepenkiozis in the defendant Porsche; 17 7. That a final judgment be entered, forfeiting all 18 right, title and interest in the defendant Porsche to the United 19 States of America, to be disposed of according to law. 20 8. That the Default Judgment and Final Judgment of 21 Forfeiture lodged herein be signed by the Honorable Morrison C. 22 England and filed by the Clerk of the Court. 23 DATED: October 27, 2009. 24 25 26 27 Ddad1/orders.civil/USv2007Porsche1114.f&r 28 2 Findings and Recommendations

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