Case 3:08-cv-00507-L-WMC
Document 8-4
Filed 05/28/2008
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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. ) ) ONE 2004 HARLEY DAVIDSON FLSTC, ) CA LICENSE NO. 8C7957, ) VIN 1HD1BWB154Y085172, ITS ) TOOLS AND APPURTENANCES, ) ) $1,862.00 IN U.S. CURRENCY, ) ) Defendants. ) ____________________________________) I, David M. McNees, declare: 1. I am the Special Assistant United States Attorney primarily responsible for the UNITED STATES OF AMERICA, Case No. 08cv0507-L(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 March 19, 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 defendant properties, ONE 2004 HARLEY DAVIDSON FLSTC M/C, CA LICENSE NO. 8C7957, VIN 1HD1BWB154Y085172, ITS TOOLS AND APPURTENANCES, and $1,862.00 IN U.S. CURRENCY. // // // EXHIBIT 3
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Case 3:08-cv-00507-L-WMC
Document 8-4
Filed 05/28/2008
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3.
On April 10, 2008, the defendants were seized and arrested by a duly authorized
United States Marshal, who thereafter took possession and custody of the defendants, pursuant to the Court's Order appointing the United States Marshal as custodian, dated April 4, 2008. 4. On April 15, 16, 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. 5. On March 24, 2008, a Notice of Complaint and a copy of the Complaint for
Forfeiture were sent by certified mail as follows: Name and address Bruce Kevin Lambert Booking No. 8105549 East Mesa Detention Facility 446 Alta Road, Suite 5200 San Diego, CA 92158-0002 G. E. Money Bank Attn: Trish Walker P.O. Box 10670 Tempe, AZ 85284-0012 6. Article No.
7004 2510 0003 3017 4120
Result Signed for as received on 03/25/08
7004 2510 0003 3017 4137
Signed for as received on 03/28/08
From the time of said notice, no claim or answer has been filed regarding the above-
named defendant properties by G. E. Money Bank, Bruce Kevin Lambert, or anyone else. 7. On May 21, 2008, the Government filed a Declaration of and Request for Clerk's
Entry of Default as to All Potential Claimants. A Clerk's Entry of Default as to All Potential Claimants was issued on May 22, 2008, and a copy is hereby attached 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: May 28, 2008 s/David M. McNees DAVID M. McNEES Special Assistant U.S. Attorney Attorney for Plaintiff United States of America Email: [email protected] 2 08cv0507