United States of America v. 45 units, more or less, of the Model AOS-1M Ozone Generator, articles of device et al, No. 2:2010cv00223 - Document 12 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 08/02/10 RECOMMENDING that 10 MOTION for DEFAULT be GRANTED and JUDGMENT be entered. Objections to F&R due by 9/7/2010. Referred to Judge William B. Shubb.(Williams, D)

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United States of America v. 45 units, more or less, of the Model AOS-1M..., articles of device et al 1 2 3 4 5 Doc. 12 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 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) 45 units, more or less, of the ) Model AOS-1M Ozone ) Generator, articles of device, ) labeled in part: ) ) "*** AOS-1M OZONE GENERATOR *** ) APPLIED OZONE SYSTEMS MODEL ) AOS-1M VOLTS *** SERIAL *** 10072 ) Streeter Rd. Suite 2 Auburn, CA ) 95602 530-268-6690 ) www.appliedozone.com ) *** MADE IN USA ***" and ) ) 35 units, more or less, of the ) Model AOS-1MD Ozone Generator, ) articles of device, labeled in ) part: ) ) "*** AOS-1MD *** APPLIED OZONE ) SYSTEMS MODEL AOS-1MD VOLTS *** ) SERIAL *** 10072 Streeter Rd. ) Suite 2 Auburn, CA 95602 ) 530-268-6690 ) www.appliedozone.com *** MADE IN ) USA ***," ) ) Defendants. ) ) 2:10-CV-00223-WBS-GGH FINDINGS AND RECOMMENDATIONS Date: N/A Time: N/A Dept: N/A 28 1 Findings and Recommendations Dockets.Justia.com 1 This matter came before the Honorable Judge Gregory G. 2 Hollows on plaintiff United States' ex parte motion for default 3 judgment. 4 person or entity claiming an interest in the above-captioned 5 defendant articles of device (hereafter "the defendant devices") 6 to oppose plaintiff’s motion. 7 the files and records of the court, THE COURT FINDS as follows: 8 9 10 1. There was no appearance by or on behalf of any other Based on plaintiff's motion and This action arose out of a Verified Complaint for Forfeiture In Rem filed January 27, 2010. 2. Plaintiff United States of America has moved this Court, 11 pursuant to Local Rule 540, Rule 55(b) of the Federal Rules of 12 Civil Procedure, and 21 U.S.C. § 334, for entry of default 13 judgment of forfeiture against potential claimant Charles C. 14 Ankeney. 15 3. Plaintiff has shown that a complaint for forfeiture was 16 filed; that potential claimant Charles C. Ankeney received notice 17 of the forfeiture action; that any and all other unknown 18 potential claimants have been served by publication; that neither 19 Charles C. Ankeney nor any other potential claimants responded to 20 the complaint or contested the forfeiture; and that grounds exist 21 for entry of a final judgment of forfeiture. 22 Therefore, IT IS RECOMMENDED as follows: 23 1. That Charles C. Ankeney be held in default; 24 2. That plaintiff's motion for default judgment and final 25 26 27 28 judgment of forfeiture be granted; 3. That a judgment by default be entered against any right, title or interest of potential claimant Charles C. Ankeney; 4. That, pursuant to 21 U.S.C. § 334(a)(2)(D), the 2 Findings and Recommendations 1 defendant devices be adjudged to be adulterated under the Federal 2 Food, Drug, and Cosmetic Act (hereafter "the Act"), 21 U.S.C. §§ 3 351(f)(1)(B) and 351(h), and misbranded under the Act, 21 U.S.C. 4 §§ 352(o), 352(f)(1), 352(t)(2), and 352(j), and should be 5 condemned; 6 5. That a final judgment be entered, forfeiting all right, 7 title and interest in the defendant devices to the United States 8 of America, to be disposed of according to law. 9 6. That the Default Judgment and Final Judgment of 10 Forfeiture lodged herein be signed by the Honorable William B. 11 Shubb and filed by the Clerk of the Court. 12 Dated: August 2, 2010 /s/ Gregory G. Hollows 13 GREGORY G. HOLLOWS United States Magistrate Judge 14 15 10cv223.fr 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Findings and Recommendations

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