Free Declaration - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona Reid C. Pixler Assistant U.S. Attorney Two Renaissance Square 40 North Central Avenue Phoenix, Arizona 85004-4408 Arizona State Bar No. 12850 Telephone (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, Plaintiff, v. 1. Lear Jet, Model 31A, Serial Number 31A-224, U.S. Registration # N224LJ; 2. Agusta Helicopter, Model A109E, Serial Number 11116, Mexican Registration # XA-TSR; 3. Cessna Caravan, Model 208B, Serial Number 208B-0941, Mexican Registration # XA-TUF., Defendants, And Regarding the Interest of Servicios Integrales de Aviacion SA de CV, (SIASA). Reid C. Pixler, pursuant to 28 U.S.C. § 1746, declares under penalty of perjury that the following is true and correct: 1. That he is an Assistant United States Attorney for the District of Arizona and CIV 04-0363-PHX-JWS
DECLARATION FOR ENTRY OF DEFAULT

represents plaintiff, United States of America, in this action. 2. 3. That the Complaint for Forfeiture was filed in this action on February 19, 2004. That on February 26, 2004, this Court issued the Warrant of Arrest In Rem to the

United States Department of Homeland Security for the District of Arizona, and pursuant thereto, the United States Department of Homeland Security attached defendants 1 through 3 on April 19, 2005.

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4.

That the United States Department of Homeland Security for the District of Arizona

gave public notice of this action and arrest to all persons by advertisement in the Arizona Business Gazette, pursuant to Arizona District Court General Order #98-15 on July 15, 22, and 29, 2004.

The Affidavit of Publication was filed on August 12, 2004. 5. That counsel for plaintiff has served, or attempted service of the Complaint for

Forfeiture, on all persons who are believed by your deponent to have an interest in the defendants sought to be defaulted; said service being in addition to service by publication as previously noted. All person(s) upon whom personal service was effectuated more than thirty (30) days ago have failed to file as required by applicable law. 6. That on June 1, 2004, SIASA through counsel, Allen Bickart, filed a Statement of

Interest, previously referred to as a "claim." SIASA has not pled nor otherwise defended with respect to said defendants and the time for presenting an Answer or other pleading has expired; and therefore, upon the information and belief, default exists as to the interest of SIASA in all items of property specified herein. 7. Pursuant to Supplemental Rule C(6)(a)(iii) of the Supplemental Rules for Certain Admiralty and Maritime Claims, Federal Rules of Civil Procedure any person who files a statement of interest in or right against the property must serve and file an Answer within twenty (20) days after filing the statement. 8. It is apparent that SIASA has actual knowledge of this action, because it has entered an appearance in this action in the form of the Statement of Interest (Claim), but has not filed an Answer nor any other pleading in the 16 months thereafter. 9. According to Rule 7.1 of the Federal Rules of Civil Procedure, a non-governmental corporate party to an action or proceeding in a district court must file two copies of a statement that identifies any parent corporation and any publicly held corporation that owns 10% or more of its stock or states that there is no such corporation with its first appearance, pleading, petition, motion, response, or other request addressed to the Court, and promptly file a supplemental statement upon any change in the information that the statement requires.
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10. To date, no such disclosure statement has been filed by or on behalf of SIASA. 11. Plaintiff has alleged that SIASA is nothing more than a straw party for ABED and the other claimants with which he is associated. The failure to file Corporate Disclosure and an Answer, while ABED litigates other issues appears to confirm this allegation. Despite notice to parties provided in a pleading filed by Plaintiff on September 26, 2005, SIASA has not elected to file an Answer. EXECUTED this _____ day of September, 2005.

S/Reid C. Pixler___________________________ REID C. PIXLER Assistant U.S. Attorney

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