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United States v. 2000 Toyota Tacoma Automobile

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


August 17, 2009

UNITED STATES OF AMERICA
v.
2000 TOYOTA TACOMA AUTOMOBILE, ONE VEHICLE IDENTIFICATION NUMBER 4TAWM72N4YZ631871, DEFENDANT.

The opinion of the court was delivered by: William M. Skretny United States District Judge

ORDER

1. This case involves the forfeiture of funds generated by the sale of Defendant automobile, and the claims filed by two individuals -- Manuel Hernandez and Maria Gonzalez -- that they are entitled to the proceeds from the sale of Defendant vehicle.*fn1

2. On September 25, 2008, this Court referred the matter to the Honorable Hugh B. Scott, United States Magistrate Judge, for all pretrial matters pursuant to 28 U.S.C. § 636(b)(1)(A). (Docket No. 27.)

3. On April 10, 2009, the Government filed a Motion to Strike Hernandez's claim based upon his failure to respond to discovery requests. (Docket No. 49.) By way of Report and Recommendation, Judge Scott recommended that the Government's Motion be denied. (Docket No. 60.) No objections to the Report and Recommendation were received from either party within ten (10) days from the date of its service, in accordance with 28 U.S.C. § 636(b)(1)(C) and Local Rule 72.3(a)(3).*fn2

4. This Court has carefully reviewed Judge Scott's Report and Recommendation as well as the underlying papers and will accept Judge Scott's recommendation.

IT IS HEREBY ORDERED, that this Court accepts Judge Scott's Report and Recommendation (Docket No. 60) in its entirety, including the authorities cited and the reasons given therein.

FURTHER, that the Government's Motion to Strike (Docket No. 49) is DENIED. SO ORDERED.

Buffalo, New York


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