United States v. Approx. $448,157.39 ( 2024 )

11 PHILLIP A. TALBERT United States Attorney 22 KEVIN C. KHASIGIAN Assistant U. S. Attorney 33 501 I Street, Suite 10-100 Sacramento, CA 95814 44 Telephone: (916) 554-2700 55 Attorneys for the United States 66 77 88 IN THE UNITED STATES DISTRICT COURT 99 EASTERN DISTRICT OF CALIFORNIA 1100 1111 UNITED STATES OF AMERICA, 2:23-cv-01328-TLN-JDP 1122 Plaintiff, FINDINGS AND 1133 v. RECOMMENDATIONS 1144 APPROXIMATELY $448,157.39 SEIZED FROM BANK OF AMERICA ACCOUNT 1155 NUMBER 325175831591, 1166 Defendant. 1177 1188 This matter came before the Honorable Magistrate Judge Jeremy D. Peterson on the United 1199 States’ ex parte motion for default judgment. There was no appearance by or on behalf of any other 2200 person or entity claiming an interest in the above-captioned defendant funds to oppose the United 2211 States’ motion. Based on the United States’ motion and the files and records of the court, THE 2222 COURT FINDS as follows: 2233 1. This action arose out of a Verified Complaint for Forfeiture In Rem filed July 6, 2023. 2244 2. The United States has moved this Court, pursuant to Local Rule 540, for entry of default 2255 judgment of forfeiture against potential claimants Kiko’s Creations and Banes General Contractors, Inc. 2266 3. The United States has shown that a complaint for forfeiture was filed; that potential 2277 claimants Kiko’s Creations and Banes General Contractors, Inc. received notice of the forfeiture action; ] || that any and all other unknown potential claimants have been served by publication; and that grounds 2 || exist for entry of a final judgment of forfeiture. 3 Therefore, IT IS RECOMMENDED as follows: 4 1. That Kiko’s Creations and Banes General Contractors, Inc. be held in default; 5 2. That the United States’ motion for default judgment and final judgment of forfeiture be 6 || granted; 7 3. That judgment by default be entered against any right, title, or interest of potential 8 || claimants Kiko’s Creations and Banes General Contractors, Inc. in the defendant funds referenced in Q || the above caption; 10 4. That a final judgment be entered, forfeiting all right, title, and interest in the defendant 11 || funds to the United States, to be disposed of according to law; 12 5. That the Default Judgment and Final Judgment of Forfeiture lodged herein be signed by 13 || the Honorable Troy L. Nunley and filed by the Clerk of Court. 14 These findings and recommendations are submitted to the United States District Judge assigned 15 || to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days after being served 16 || with these findings and recommendations, any party may file written objections with the court and 17 || serve a copy on all parties. Such a document should be captioned “Objections to Magistrate Judge’s 18 || Findings and Recommendations.” Any response to the objections shall be served and filed within 19 || fourteen days after service of the objections. The parties are advised that failure to file objections 20 || within the specified time may waive the right to appeal the District Court’s order. Turner v. Duncan, 21 || 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). 22 33 IT IS SO ORDERED. “ Dated: _ February 16, 2024 (etiow oeees 25 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 27 28