Free Request for Entry of Clerks Default - District Court of California - California

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

Document 6

Filed 07/08/2008

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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. ) ____________________________________) UNITED STATES OF AMERICA, Civil No. 07cv2007-DMS(WMc) DECLARATION OF AND REQUEST FOR CLERK'S ENTRY OF DEFAULT AS TO AMBROSIO ARELLANO, ROSA MARIA ARELLANO, AND ALL POTENTIAL CLAIMANTS

I, David M. McNees, Special Assistant United States Attorney for the Southern District of 17 California, hereby request a clerk's entry of default in this case for the following reasons: 18 On October 17, 2008, a verified complaint was filed in the above action in the United States 19 District Court for the Southern District of California against the above-named defendant currency, 20 $10,594.00 IN U.S. CURRENCY. 21 22 23 24 25 26 27 28 On November 6, 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. On November 7, 2007, Notice of Judicial Forfeiture Proceedings and a copy of the Complaint for Forfeiture were sent by certified mail to the following potential claimants at their addresses of record: //

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

Document 6

Filed 07/08/2008

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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 or about 11/13/07

7004 2510 0003 3013 3066

Signed for as received on or about 11/08/07

On November 21, 28, and December 5, 2007, pursuant to Rule G(5) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, notice was published in the San Diego Commerce newspaper. From the time of said notices, no claim or answer has been filed regarding the above-named defendant currency by anyone. For the foregoing reasons, it is requested that the Clerk of the Court enter a default against the defendant property as to Ambrosio Arellano, Rosa Maria Arellano, and all potential claimants. I declare under penalty of perjury that the foregoing is true and correct. Executed on this 8th day of July, 2008.

s/ David M. McNees DAVID M. McNEES Special Assistant U.S. Attorney Attorneys for Plaintiff United States of America E-mail: [email protected]

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07cv2007