11 22 33 44 55 66 77 88 IN THE UNITED STATES DISTRICT COURT 99 EASTERN DISTRICT OF CALIFORNIA 1100

1111 UNITED STATES OF AMERICA, 2:23-cv-01989-CKD

1122 Plaintiff, ORDER AND FINDINGS AND 1133 v. RECOMMENDATIONS

1144 APPROXIMATELY $140,774.48 SEIZED FROM WELLS FARGO BANK 1155 ACCOUNT NUMBER 5934091793, AND

1166 APPROXIMATELY $11,700.31 SEIZED FROM WELLS FARGO BANK 1177 ACCOUNT NUMBER 6563035143,

1188 Defendants. 1199

2200 This United States has filed an ex parte motion for default judgment. ECF No. 16. There has 2211 been no appearance by or on behalf of any other person or entity claiming an interest in the above- 2222 captioned defendant funds to oppose the United States’ motion. Based on the United States’ motion 2233 and the files and records of the court, THE COURT FINDS as follows: 2244 1. This action arose out of a Verified Complaint for Forfeiture In Rem filed September 14, 2255 2023. 2266 2. The United States has moved this Court, pursuant to Local Rule 540, for entry of default 2277 judgment of forfeiture against potential claimants Boeger Winery, Alexis Boeger, Convenience 11 Acquisition Company, LLC, the U.S. Small Business Administration, the Wells Fargo Bank Account 22 Holder, and Stanley Usherman. 33 3. The United States has shown that a complaint for forfeiture was filed; that potential 44 claimants Boeger Winery, Alexis Boeger, Convenience Acquisition Company, LLC, the U.S. Small 55 Business Administration, the Wells Fargo Bank Account Holder, and Stanley Usherman received 66 notice of the forfeiture action; that any and all other unknown potential claimants have been served by 77 publication; and that grounds exist for entry of a final judgment of forfeiture. 88 Therefore, IT IS HEREBY ORDERED: 99 That the Clerk of Court assign a United States District Judge to this matter. 1100 Further, IT IS RECOMMENDED as follows: 1111 1. That Boeger Winery, Alexis Boeger, Convenience Acquisition Company, LLC, the U.S. 1122 Small Business Administration, the Wells Fargo Bank Account Holder, and Stanley 1133 Usherman be held in default; 1144 3. That the United States’ motion for default judgment and final judgment of forfeiture 1155 (ECF No. 16) be granted; 1166 4. That judgment by default be entered against any right, title, or interest of potential 1177 claimants Boeger Winery, Alexis Boeger, Convenience Acquisition Company, LLC, the 1188 U.S. Small Business Administration, the Wells Fargo Bank Account Holder, and Stanley 1199 Usherman in the defendant funds referenced in the above caption; 2200 5. That a final judgment be entered, forfeiting all right, title, and interest in the defendant 2211 funds to the United States, to be disposed of according to law; and 2222 6. That these findings and recommendations are submitted to the United States District 2233 Judge assigned to the case, pursuant to the provisions of

(b)(l). Within 2244 fourteen (14) days after being served with these findings and recommendations, any 2255 party may file written objections with the court and serve a copy on all parties. Such a 2266 document should be captioned “Objections to Magistrate Judge’s Findings and 2277 Recommendations.” Any reply to the objections shall be served on all parties and filed 1 advised that failure to file objections within the specified time may waive the right to 2 appeal the District Court’s order. Turner v. Duncan,

(9th Cir. 1998); 3 Martinez v. YIst,

(9th Cir. 1991). 4 7 A ge “Nd ; Dated: March 25, 2025 Cad A ft | i & {a ie . CAROLYN K DELANEY UNITED STATES MAGISTRATE JUDGE 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28