United States of America v. 2005 Ford F-150 SuperCrew Lariat Truck et al, No. 2:2009cv01459 - Document 18 (E.D. Cal. 2009)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 10/2/09 RECOMMENDING that Oscar Sauceda Cuevas and Elda Vianey Lopez be held in default; That plaintiff's motion for default judgment and final judgment of forfeiture be granted; That a judgment by default be entered against any right, title or interest of potential claimants Oscar Sauceda Cuevas and Elda Vianey Lopez in the defendant properties; That the Stipulation for Final Judgment of Forfeiture entered into between the US and lienholder, Plumas Bank (Stipulation), filed herewith be incorporated herein; That a final judgment be entered, forfeiting all right, title and interest in the dft properties to the USA, subject to the interest of lienholder Plumas Bank in the dft 2005 Ford F-150 Supercrew Lariat Truck pursuant to the Stipulation, to be disposed of according to law. That the Default Judgment and Final Judgment of Forfeiture lodged herein be signed by the district judge assigned to this case and filed by the Clerk of the Court. Referred to Judge Morrison C. England, Jr. (Becknal, R)
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United States of America v. 2005 Ford F-150 SuperCrew Lariat Truck et al Doc. 18 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 UNITED STATES OF AMERICA, ) 2:09-CV-01459-MCE-KJM ) Plaintiff, ) FINDINGS AND RECOMMENDATIONS ) v. ) ) 2005 FORD F-150 SUPERCREW ) LARIAT TRUCK, ) VIN: 1FTPW14575FA28567, ) CALIFORNIA LICENSE NUMBER: ) 7V57073, ) ) 2002 DODGE 1500 QUAD CAB ) TRUCK, VIN: 3D7HU18Z62G194781,) CALIFORNIA LICENSE NUMBER ) 7S43194, ) ) 1998 SKI CENTURION FALCON ) SPORT BOWRIDER BOAT, ) VIN: FINU7556A898, CALIFORNIA ) LICENSE NUMBER 0476PG AND ) TRAILER ) ) Defendants. ) ) This matter came before the Honorable Kimberly J. Mueller on 25 plaintiff United States’ ex parte motion for default judgment. 26 There was no appearance by or on behalf of any other person or 27 entity claiming an interest in the defendant properties to oppose 28 plaintiff’s motion. Based on plaintiff’s motion and the files 1 Findings and Recommendations Dockets.Justia.com 1 2 3 4 and records of the court, THE COURT FINDS as follows: 1. This action arose out of a Verified Complaint for Forfeiture In Rem filed May 27, 2009. 2. Plaintiff United States of America has moved this 5 Court, pursuant to Local Rule A-540, for entry of default 6 judgment of forfeiture against potential claimants Oscar Sauceda 7 Cuevas and Elda Vianey Lopez. 8 9 3. Plaintiff has shown that a verified complaint for forfeiture was filed in this action; that potential claimants 10 Oscar Sauceda Cuevas, Elda Vianey Lopez, and Plumas Bank received 11 notice of this forfeiture action; that a stipulation was entered 12 into with the lienholder of the defendant Ford truck; that any 13 and all other unknown potential claimants have been served by 14 publication; and that grounds exist for entry of a final judgment 15 of forfeiture. 16 Therefore, IT IS RECOMMENDED as follows: 17 4. 18 19 20 21 That Oscar Sauceda Cuevas and Elda Vianey Lopez 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 right, 22 title or interest of potential claimants Oscar Sauceda Cuevas and 23 Elda Vianey Lopez in the defendant properties; 24 7. That the Stipulation for Final Judgment of Forfeiture 25 entered into between the United States and lienholder, Plumas 26 Bank (“Stipulation”), filed herewith be incorporated herein; 27 28 8. That a final judgment be entered, forfeiting all right, title and interest in the defendant properties to the United 2 Findings and Recommendations 1 States of America, subject to the interest of lienholder Plumas 2 Bank in the defendant 2005 Ford F-150 Supercrew Lariat Truck 3 pursuant to the Stipulation, to be disposed of according to law. 4 8. That the Default Judgment and Final Judgment of 5 Forfeiture lodged herein be signed by the district judge assigned 6 to this case and filed by the Clerk of the Court. 7 Dated: October 2, 2009. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Findings and Recommendations
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