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

Case 3:08-cv-00507-L-WMC

Document 11

Filed 08/20/2008

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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. ) ____________________________________) UNITED STATES OF AMERICA, Civil No. 08cv0507-L(WMc) AMENDED DECLARATION OF AND REQUEST FOR CLERK'S ENTRY OF DEFAULT AS TO BRUCE KEVIN LAMBERT AND ALL POTENTIAL CLAIMANTS EXCEPT G.E. MONEY BANK

I, David M. McNees, Special Assistant United States Attorney for the Southern District of California, hereby request a clerk's entry of default in this case for the following reasons: On March 19, 2008, a verified complaint was filed in the above action in the United States District Court for the Southern District of California against the above-named defendant properties, ONE 2004 HARLEY DAVIDSON FLSTC and $1,862.00 IN U.S. CURRENCY ("defendants"). 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 2, 2008. On April 15, 16, and 18, 2008, 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.

Case 3:08-cv-00507-L-WMC

Document 11

Filed 08/20/2008

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On March 24, 2008, 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: 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 Article No.
7004 2510 0003 3017 4120

Result Delivered 03/25/08 per U.S. Postal and Track and Confirm system at usps.com

7004 2510 0003 3017 4137

Delivered 03/28/08 per U.S. Postal and Track and Confirm system at usps.com

On or about July 17, 2008, the U.S. Attorney's Office received a letter from G.E. Money Bank's counsel, Kary R. Kump, stating that G.E. Money Bank, as the lienholder, intends to recover the vehicle. The United States recognizes the valid lienholder interest of G.E. Money Bank in the 2004 Harley Davidson. From the time of above-referenced notices, no claim or answer has been filed regarding the above-named defendant properties by anyone other than claimant G.E. Money Bank to the 2004 Harley Davidson. For the foregoing reasons, it is requested that the Clerk of the Court enter a default against the defendant properties as to Bruce Kevin Lambert and any and all potential claimants, except G.E. Money Bank as to the 2004 Harley Davidson. I declare under penalty of perjury that the foregoing is true and correct. Executed on this 20th day of August, 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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08cv0507

Case 3:08-cv-00507-L-WMC

Document 11

Filed 08/20/2008

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, ) ) 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. ) ____________________________________) IT IS HEREBY CERTIFIED that: I, David M. McNees, am a citizen of the United States and am at least eighteen years of age. My business address is 880 Front Street, Room 6293, San Diego, CA 92101-8893. I hereby certify that I have caused to be mailed the foregoing, by the United States Postal Service, to the following non-ECF participants in this case: 1. Kary R. Kump, Esq., P.O. Box 2480, Ventura, CA 93002-2480. Case No. 08cv507-L(WMc) CERTIFICATE OF SERVICE

the last known address, at which place there is delivery service of mail from the United States Postal Service. I declare under penalty of perjury that the foregoing is true and correct.

18 Executed on August 20, 2008. 19 20 21 22 23 24 25 26 27 28 s/David M. McNees DAVID M. McNEES