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

Case 3:08-cv-00836-IEG-CAB

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Filed 08/22/2008

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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 UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) ) v. ) ) ) $15,405.00 IN U.S. CURRENCY, ) ) Defendant. ) ____________________________________) I, David M. McNees, declare: 1. I am the Special Assistant United States Attorney primarily responsible for the Case No. 08cv0836-IEG(CAB) 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. 1. On May 8, 2008, 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 May 29, 2008, 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 May 12, 2008. 2. On June 4, 11, and 18, 2008, 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 newspaper. EXHIBIT 3

Case 3:08-cv-00836-IEG-CAB

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Filed 08/22/2008

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3.

On May 12, 2008, a Notice of Complaint and a copy of the Complaint for Forfeiture

were sent by certified mail as follows: Name and address Anthony Bender 1344 Diamond Lane El Cajon, CA 92021-3261 Article No.
7004 2510 0003 3014 8459

Result Signed for as received on 5/12/08.

From the time of said notice, no claim or answer has been filed regarding the above-named defendant. 4. On August 18, 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 August 19, 2008, and a copy is hereby attached to the Motion as Exhibit 2. I declare under penalty of perjury that the foregoing is true and correct to the best of my information, knowledge and belief. DATED: August 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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