USA v. Real property located at 10027 Seattle Slew Lane, Elk Grove, California, Sacramento County, APN: 127-0940-009-0000, No. 2:2012cv00732 - Document 18 (E.D. Cal. 2012)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 7/29/12 RECOMMENDING that Top Huynh, Tan Huynh, Dao Huynh, Kim Thi Huynh, and Henry K. Ho be held in default; that the United States' 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 Top Huynh, Tan Huynh, Dao Huynh, Kim Thi Huynh, and Henry K. Ho in the defendant property referenced in the above ca ption and more fully described in Exhibit A attached hereto; that a final judgment be entered, forfeiting all right, title, and interest in the defendant property to the United States, to be disposed of according to law, subject to the Stipulation an d Order for Expedited Settlement Between United States and Lien Holder Suntrust Mortgage, Inc. filed 7/17/12, which is incorporated herein; that the Default Judgment and Final Judgment of Forfeiture lodged herein be signed by the Honorable Kimberly J. Mueller and filed by the Clerk of the Court. Referred to Judge Kimberly J. Mueller; Objections to F&R due 14 days after this order is electronically filed and served on all parties. (Meuleman, A)

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USA v. Real property located at 10027 Seattle Slew Lane, Elk Grove, C...unty, APN: 127-0940-009-0000 1 4 BENJAMIN B. WAGNER United States Attorney KEVIN C. KHASIGIAN Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916)554-2700 5 Doc. 18 Attorneys for the United States 2 3 6 7 8 IN THE UNITED STATES DISTRICT COURT FOR THE 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 Plaintiff, 13 14 15 16 17 2:12-CV-00732-KJM-DAD FINDINGS AND RECOMMENDATIONS v. REAL PROPERTY LOCATED AT 10027 SEATTLE SLEW LANE, ELK GROVE CALIFORNIA, SACRAMENTO COUNTY, APN: 127-0940-009-0000, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, 18 19 Defendant. 20 21 22 This matter came before the Honorable Judge Dale A. Drozd on the United 23 States’ ex parte motion for default judgment. There was no appearance by or on behalf 24 of any other person or entity claiming an interest in the above-captioned defendant 25 property to oppose the United States’ motion. Based on the United States’ motion and 26 the files and records of the court, THE COURT FINDS as follows: 27 28 1. This action arose out of a Verified Complaint for Forfeiture In Rem filed March 22, 2012. 1 Findings and Recommendations Dockets.Justia.com 1 2. The United States has moved this Court, pursuant to Local Rule 540, for 2 entry of default judgment of forfeiture against potential claimants Top Huynh, Tan 3 Huynh, Dao Huynh, Kim Thi Huynh, and Henry K. Ho. 4 3. The United States has shown that a complaint for forfeiture was filed; that 5 potential claimants Top Huynh, Tan Huynh, Dao Huynh, Kim Thi Huynh, and Henry 6 K. Ho received notice of the forfeiture action; that any and all other unknown potential 7 claimants have been served by publication; and that grounds exist for entry of a final 8 judgment of forfeiture. 9 10 11 12 13 Therefore, IT IS RECOMMENDED as follows: 4. That Top Huynh, Tan Huynh, Dao Huynh, Kim Thi Huynh, and Henry K. Ho be held in default; 5. That the United States’ motion for default judgment and final judgment of forfeiture be granted; 14 6. That a judgment by default be entered against any right, title, or interest of 15 potential claimants Top Huynh, Tan Huynh, Dao Huynh, Kim Thi Huynh, and Henry 16 K. Ho in the defendant property referenced in the above caption and more fully 17 described in Exhibit A attached hereto; 18 7. That a final judgment be entered, forfeiting all right, title, and interest in the 19 defendant property to the United States, to be disposed of according to law, subject to 20 the Stipulation and Order for Expedited Settlement Between United States and Lien 21 Holder Suntrust Mortgage, Inc. filed July 17, 2012, which is incorporated herein. 22 23 24 8. That the Default Judgment and Final Judgment of Forfeiture lodged herein be signed by the Honorable Kimberly J. Mueller and filed by the Clerk of the Court. These findings and recommendations will be submitted to the United States 25 District Judge assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). 26 Within fourteen (14) days after this order is electronically filed and served on all 27 parties, any party may file and serve written objections with the court. A document 28 containing objections should be titled “Objections to Magistrate Judge’s Findings and 2 Findings and Recommendations 1 Recommendations.” Any reply to objections shall be filed and served within seven (7) 2 days after the objections are served. The parties are cautioned that failure to file 3 objections within the specified time may, under certain circumstances, waive the right 4 to appeal the District Court's order. See Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 5 1991). 6 DATED: July 29, 2012. 7 8 9 10 11 12 Ddad1\orders.civil USvRealProperty0732.mdj.f&rs.wpd 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Findings and Recommendations 1 Exhibit A (Real property located at 10027 Seattle Slew Lane, Elk Grove, California, Sacramento County) 2 3 4 5 6 7 8 9 10 PARCEL ONE: LOT 40, AS SHOWN ON THE PLAT OF SUBDIVISION NO. 00.025.3 OF VAN RUITEN RANCH UNIT 2", FILED NOVEMBER 10, 2003, IN BOOK 321 OF MAPS, MAP NO. 8, RECORDS OF SACRAMENTO COUNTY. PARCEL TWO: A RIGHT OF WAY (NOT TO BE EXCLUSIVE), FOR USE AS A ROADWAY FOR VEHICLES OF ALL KINDS, PEDESTRIANS AND ANIMALS, FOR WATER, GAS, OIL AND SEWER PIPE LINES, AND FOR TELEPHONE, CABLE, ELECTRIC LIGHT AND POWER LINES, TOGETHER WITH NECESSARY POLES OR UNDERGROUND CONDUITS TO CARRY SAID LINES, OVER, UNDER AND UPON "SEABISCUIT LANE, VAN RUITEN LANE, NATIVE DANCER LANE, SEATTLE SLEW LANE, SECRETARIAT LANE AND KEAWE LANE", AS SHOWN ON SAID FILED MAP. APN: 127-0940-009-0000 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 Findings and Recommendations

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