Opinion
No. 2:10-cv-02362-WBS-EFB
08-05-2011
UNITED STATES OF AMERICA, Plaintiff, v. KENNETH JOHN MALINOW SKI, Defendant.
BENJAMIN B. WAGNER United States Attorney KELLI L. TAYLOR Assistant U.S. Attorney Attorneys for United States of America
BENJAMIN B. WAGNER
United States Attorney
KELLI L. TAYLOR
Assistant U.S. Attorney
Attorneys for United States of America
ORDER OF EXPUNGEMENT
Defendant Kenneth John Malinowski filed a UCC-3 termination notice on February 16, 2011, terminating the UCC-1 Financing Statement he had filed with the California Secretary of State on February 21, 2010, wherein he falsely named Victoria C. Minor as debtor. On June 7, 2011, Defendant filed a Notice regarding abandoned paperwork. Defendant's Notice specifically directs the Court to expunge from the California Secretary of State's records the UCC-1 and UCC-3 statements filed by Defendant re Ms. Minor (see CD #23, Notice at 1). The Court will construe Defendant's Notice as Defendant's portion of the Joint Status Report directed by the Court's Order dated June 3, 2011 (CD #22). On July 6, 2011, Plaintiff the United States timely filed its portion of the Joint Status Report, wherein Plaintiff concurs in Defendant's request that the Court enter an order of expungement.
In light of the fact that both parties are in agreement in this matter, and mutually request entry of an order re expungement of the UCC-1 and/or the UCC-3 statements filed by Defendant regarding Ms. Minor; therefore
FOR GOOD CAUSE SHOWN, and pursuant to the agreement of the parties, it is ORDERED that the California Secretary of State is hereby DIRECTED to expunge the following from her records:
1. Document No. 24044970002, Filing No. 10-7223445957, filed February 21, 2010; and/or
2. Document No. 27939000002, Filing No. 11-72606846, filed February 14, 2011.
IT IS SO ORDERED.
WILLIAM B. SHUBB
UNITED STATES DISTRICT JUDGE