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

Case 3:08-cv-00036-WQH-CAB

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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. ) ) ) ONE 2003 MERCEDES BENZ S500, ) CA LICENSE NO. 5YJP196, ) VIN WDBNG75J53A329169, ITS ) TOOLS AND APPURTENANCES, ) ) $10,661.00 IN U.S. CURRENCY, ) ) Defendants. ) ____________________________________) I, David M. McNees, declare: 1. I am the Special Assistant United States Attorney primarily responsible for the Case No. 08cv0036-WQH(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. 2. On January 7, 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, // // EXHIBIT 3

Case 3:08-cv-00036-WQH-CAB

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ONE 2003 MERCEDES BENZ S500, CA LICENSE NO. 5YJP196, VIN WDBNG75J53A329169, ITS TOOLS AND APPURTENANCES, and $10,661.00 IN U.S. CURRENCY.

3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Tamara Carter Darwin Conway Ramon Darwin c/o Aaron L. Turner Attorney at Law 357 W. 2nd Street, Suite 11 San Bernardino CA 92401 5.
7004 2510 0003 3017 3349

3.

On January 14, 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 January 9, 2008. 4. On January 11, 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 Article No. Result Signed for as received on 1/12/08

Anthony Alexander Darwin, Jr. 7004 2510 0003 3017 3758 Booking #7757707 George F. Bailey Detention Facility 446 Alta Road, Suite 5300 San Diego, CA 92158 Calvin Carter 276 El Camino Real, Space 112 Oceanside CA 92058-1704
7004 2510 0003 3017 3356

Returned by Post Office On 1/15/08 marked "Not Deliverable as Addressed" (See second notice below) Signed for as received on 1/16/08

On or about January 14, 2008, the United States received a letter from Aaron L.

Turner, attorney of record for Claimants Conway Ramon Darwin and Tamara Carter Darwin. In the letter Attorney Turner stated that Claimant Conway Darwin was no longer contesting the forfeiture of the defendants. He further stated that Claimant Tamara Carter (Darwin) was substituting herself as attorney in this matter. He enclosed a Notice of Substitution of Attorney pleading that was not filed in this case. A true and correct copy of the letter and pleading are attached hereto as Exhibit 4. // // 2 08cv0036

Case 3:08-cv-00036-WQH-CAB

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6.

On January 24, 2008, Notice of Judicial Forfeiture Proceedings and a copy of the

Complaint for Forfeiture were sent by certified mail to potential claimant Calvin Carter at a new address: Name and Address Calvin Carter 1128 Turnstone Way Oceanside CA 92057-7718 7. Article No.
7004 2510 0003 3017 3789

Result Signed for as received on or about 2/6/08

On January 25, February 1 and 8, 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. 8. From the time of said notice, no claim or answer has been filed regarding the above-

named defendants by anyone. I declare under penalty of perjury that the foregoing is true and correct to the best of my information, knowledge and belief. DATED: April 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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08cv0036