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United States of America v. $19

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


October 14, 2011

UNITED STATES OF AMERICA, PLAINTIFF,
v.
$19,764.00 IN UNITED STATES CURRENCY AND ONE 2004 CHEVROLET TRAILBLAZER VIN: 1GNET16S44614566, DEFENDANTS.

The opinion of the court was delivered by: Honorable Richard J. Arcara United States District Judge

ORDER

This case was referred to Magistrate Judge Hugh B. Scott, pursuant to 28 U.S.C. § 636(b)(1). Plaintiff filed a motion to strike the claimants' claims. On August 12, 2011, Magistrate Judge Scott filed a Report and Recommendation, recommending that the motion to strike the claimants' claims as to the $19,764 in currency be stricken and also that in the event claimant Rebecca Rodriguez fails to provide more complete answers to the Interrogatories within 20 days from the date of the Order, that her claim relating to the vehicle also be stricken.

Defendants filed objections to the Report and Recommendation on September 16, 2011 and plaintiff filed a response thereto.

Pursuant to 28 U.S.C. § 636(b)(1), this Court must make a de novo determination of those portions of the Report and Recommendation to which objections have been made. Upon a de novo review of the Report and Recommendation, and after reviewing the submissions, the Court adopts the proposed findings of the Report and Recommendation.

Accordingly, for the reasons set forth in Magistrate Judge Scott's Report and Recommendation, the motion to strike the claimants' claims as to the $19,764 in currency is stricken and also that Rebecca Rodriguez' claim relating to the vehicle is stricken.

Plaintiff shall commence default judgment proceedings within 30 days of the date of this Order.

SO ORDERED.

Richard J. Arcar a

20111014

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