Free Motion for Default Judgment - District Court of California - California

Case 3:07-cv-02007-DMS-WMC

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KAREN P. HEWITT United States Attorney DAVID M. McNEES Special Assistant U.S. Attorney California State Bar No. 216612 Federal Office Building 880 Front Street, Room 6293 San Diego, California 92101-8893 Telephone: (619) 557-5979 E-mail: [email protected] Attorneys for Plaintiff United States of America UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ) ) Plaintiff, ) ) ) v. ) ) ) $10,594.00 IN U.S. CURRENCY, ) ) Defendant. ) ____________________________________) I, David M. McNees, declare: 1. I am the Special Assistant United States Attorney primarily responsible for the UNITED STATES OF AMERICA, Case No. 07cv2007-DMS(WMc) DECLARATION OF DAVID M. McNEES IN SUPPORT OF MOTION FOR DEFAULT JUDGMENT

prosecution of this case. I have prepared this Declaration based upon my review of the Court's docket and the file maintained by the U.S. Attorney's office with respect to this case. 2. On October 17, 2007, a Complaint for Forfeiture was filed in the above action in

the United States District Court for the Southern District of California against the above defendant. On November 9, 2007, the defendant was seized and arrested by a duly authorized United States Marshal, who thereafter took possession and custody of the defendant, pursuant to the Court's Order appointing the United States Marshal as custodian, dated October 26, 2007. 3. On November 21 and 28, and December 5, 2007, pursuant to Rule G(5) of the

Supplemental Rules for Admiralty or Maritime and Asset Forfeiture Claims, notice was published in the San Diego Commerce. EXHIBIT 3

Case 3:07-cv-02007-DMS-WMC

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4.

On November 7, 2007, a Notice of Complaint and a copy of the Complaint for

Forfeiture were sent by certified mail as follows: Name and address Ambrosio Arellano Rosa Maria Arellano 1126 Bobolink Drive Vista, CA 92083 Donovan J. Dunnion Attorney at Law 600 West Broadway, Suite 1550 San Diego, CA 92101 Article No.
7004 2510 0003 3013 3073

Result Signed for as received on November 13, 2007.

7004 2510 0003 3013 3066

Signed for as received on November 8, 2007.

From the time of said notice, no claim or answer has been filed regarding the above-named defendant. 5. On July 8, 2008, a Declaration of and Request for Clerk's Entry of Default was filed

in this case. A Clerk's Entry of Default was issued on July 9, 2008, and a copy is hereby attached as Exhibit 2. 6. From the time of said notice, no claim or answer has been filed regarding the above-

named defendant. I declare under penalty of perjury that the foregoing is true and correct to the best of my information, knowledge and belief.

DATED: July 22, 2008 s/David M. McNees DAVID M. McNEES Special Assistant U.S. Attorney Attorneys for Plaintiff United States of America Email: [email protected]

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07cv2007