United States of America v. Assorted Jewelry, No. 2:2009cv02798 - Document 18 (E.D. Cal. 2010)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 4/5/10 recommending that pltf's motion for summary judgment and final judgment of forfeiture 17 be granted; that a judgment by default be entered against any right, t itle or interest of potential claimants Hanny Bekhit, Yolande Bekhit and Kaiser Bekhit; that a final judgment be entered and that the default judgment and final judgment of forfeiture lodged with the court by signed by Judge Edward J. Garcia and filed by the Clerk of the Court. REFFERRED to Judge Edward J. Garcia. (Carlos, K)
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United States of America v. Assorted Jewelry 1 2 3 4 5 Doc. 18 BENJAMIN B. WAGNER United States Attorney KRISTIN S. DOOR, SBN 84307 Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916)554-2723 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 UNITED STATES OF AMERICA, 12 13 14 Plaintiff, v. ASSORTED JEWELRY, 15 Defendant. ) 2:09-CV-02798-EJG-EFB ) ) FINDINGS AND RECOMMENDATIONS ) ) ) ) ) ) ) 16 This matter came before the Honorable Judge Edmund F. 17 Brennan on plaintiff United States’ ex parte motion for default 18 judgment. There was no appearance by or on behalf of any other 19 person or entity claiming an interest in the defendant assorted 20 jewelry to oppose plaintiff’s motion. Based on plaintiff’s 21 motion and the files and records of the court, THE COURT FINDS as 22 follows: 23 1. This action arose out of a Verified Complaint for 24 Forfeiture In Rem filed October 7, 2009. 25 2. Plaintiff United States of America has moved this Court, 26 pursuant to Local Rule 540, for entry of default judgment of 27 forfeiture against potential claimants Hanny Bekhit, Yolande 28 Bekhit and Kaiser Bekhit. 1 Findings and Recommendations Dockets.Justia.com 1 2 3 3. The Clerk entered default against potential claimants Hanny Bekhit, Yolande Bekhit and Kaiser Bekhit on March 22, 2010. 4. Plaintiff has shown that a complaint for forfeiture was 4 filed; that potential claimants Hanny Bekhit, Yolande Bekhit and 5 Kaiser Bekhit received notice of the forfeiture action; that any 6 and all other unknown potential claimants have been served by 7 publication; and that grounds exist for entry of a final judgment 8 of forfeiture. 9 10 11 12 Therefore, IT IS RECOMMENDED as follows: 1. That plaintiff's motion for default judgment and final judgment of forfeiture be granted. 2. That a judgment by default be entered against any right, 13 title or interest of potential claimants Hanny Bekhit, Yolande 14 Bekhit and Kaiser Bekhit in the defendant assorted jewelry. 15 3. That a final judgment be entered, forfeiting all right, 16 title and interest in the defendant assorted jewelry to the 17 United States of America, to be disposed of according to law. 18 4. That the Default Judgment and Final Judgment of 19 Forfeiture lodged herein be signed by the Honorable Edward J. 20 Garcia and filed by the Clerk of the Court. 21 Dated: April 5, 2010. 22 23 24 25 26 27 28 2 Findings and Recommendations
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