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

Case 3:08-cv-00394-WQH-CAB

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Filed 07/18/2008

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KAREN P. HEWITT United States Attorney BRUCE C. SMITH Assistant U.S. Attorney California State Bar No. 078225 Federal Office Building 880 Front Street, Room 6293 San Diego, California 92101-8893 Telephone: (619)557-6963 E-mail: [email protected] Attorneys for Plaintiff United States of America UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ) ) Plaintiff, ) ) v. ) ) SIGNED PERSONAL CHECK NO.730 ) OF YUBRAN S MESLE, DRAWN ) FROM BANK OF AMERICA ACCOUNT ) NO. 09672 67676 IN THE ) AMOUNT OF $240,000.00 IN ) U.S. CURRENCY, ) ) SIGNED PERSONAL CHECK NO.1004 ) OF YUBRAN S MESLE, DRAWN ) FROM WELLS FARGO BANK ACCOUNT ) NO. 3572585739 IN THE AMOUNT ) OF $5,000.00 IN U.S. CURRENCY, ) ) SIGNED PERSONAL CHECK NO.1040 ) OF YUBRAN S MESLE, DRAWN ) FROM BANK OF AMERICA ACCOUNT ) NO. 24547 67190, NO AMOUNT ) STATED, ) ) $197,031.14 IN U.S. CURRENCY ) SEIZED FROM BANK OF AMERICA ) ACCOUNT NO. 09672 67676 ON ) FEBRUARY 22,2008, ) ) $1,598.21 IN U.S. CURRENCY ) SEIZED FROM WELLS FARGO BANK ) ACCOUNT NO. 3572585739 ON ) FEBRUARY 22,2008, ) ) Defendants. ) ____________________________________) UNITED STATES OF AMERICA, Case No. 08cv0394-WQH(CAB) NOTICE OF MOTION AND MOTION FOR JUDGMENT BY DEFAULT AS TO ALL POTENTIAL CLAIMANTS

DATE: September 2, 2008 TIME: 11:00 a.m. CTRM: 4

NO ORAL ARGUMENT PURSUANT TO LOCAL RULE

Case 3:08-cv-00394-WQH-CAB

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Filed 07/18/2008

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TO:

ALL POTENTIAL CLAIMANTS, including those listed on attached certificate of service:

PLEASE TAKE NOTICE that on September 2, 2008, at 1100 a.m., or as soon thereafter as counsel may be heard, before the Honorable William Q. Hayes, United States District Court, Courtroom 4, 940 Front Street, San Diego, California, Plaintiff, United States of America, by and through its attorneys, Karen P. Hewitt, United States Attorney, and Bruce C. Smith, Assistant United States Attorney, will move the Court, pursuant to Rule 55(b)(2), Federal Rules of Civil Procedure, for a judgment by default in the instant case as to the interest of all potential claimants. This motion is based on the files and records of this case, including the attached Memorandum of Points and Authorities (Exhibit 1), the Clerk's Entry of Default dated June 10, 2008 (Exhibit 2), and Declaration of Bruce C. Smith (Exhibit 3). DATED: July 18, 2008 Respectfully submitted, KAREN P. HEWITT United States Attorney s/Bruce C. Smith

16 17 18 19 20 21 22 23 24 25 26 27 28 2 08cv0394 BRUCE C. SMITH Assistant U.S. Attorney Attorneys for Plaintiff United States of America Email: [email protected]

Case 3:08-cv-00394-WQH-CAB

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Filed 07/18/2008

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ) ) Plaintiff, ) ) v. ) ) SIGNED PERSONAL CHECK NO.730 ) OF YUBRAN S MESLE, DRAWN ) FROM BANK OF AMERICA ACCOUNT ) NO. 09672 67676 IN THE ) AMOUNT OF $240,000.00 IN ) U.S. CURRENCY, et al., ) ) Defendants. ) ____________________________________) IT IS HEREBY CERTIFIED that: I, Bruce C. Smith, 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 am not a party to the above-entitled action. I hereby certify that I have caused to be mailed the NOTICE OF MOTION AND MOTION FOR JUDGMENT BY DEFAULT AS TO ALL POTENTIAL CLAIMANTS and exhibits, by the United States Postal Service, to the following non-ECF participants in this case: Ata Z. Dighlawi 39702 Fairview Court Murrieta, CA 92563-6540 Ata Mohamed 39702 Fairview Court Murrieta, CA 92563-6540 Dighlawi Mahbuba 39702 Fairview Court Murrieta, CA 92563-6540 Jubran Mesle 11587 Trailway Drive Riverside CA 92505 These are the last known addresses, at which places 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. Executed on July 18, 2008. s/ Bruce C. Smith BRUCE C. SMITH Yubran S. Mesle 11587 Trailway Drive Riverside CA 92505 Jubran Dighlawi 11587 Trailway Drive Riverside CA 92505 Jubran Dighlawi 13646 Lowell Street Corona, CA 92880 UNITED STATES OF AMERICA, Case No. 08cv0394-WQH(CAB) CERTIFICATE OF SERVICE