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Case 8:10-cv-01214-JDW-TBM Document 2-2

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION UNITED STATES OF AMERICA, Plaintiff, v. Case No. 8:10-cv-1214-T-27TBM

PlayboyMonthly.com Defendant. WARRANT OF ARREST IN REM TO: THE UNITED STATES MARSHAL, OR ANY OTHER DULY AUTHORIZED LAW ENFORCEMENT OFFICER, FOR THE MIDDLE DISTRICT OF FLORIDA On May 27, 2010, the United States filed a Verified Complaint for Forfeiture in Rem in the United States District Court for the Middle District of Florida and alleged that the internet domain name PlayboyMonthly.com is subject to seizure and forfeiture pursuant to 18 U.S.C. 2323(a), as property facilitating criminal copyright infringement, in violation of 18 U.S.C. 2319. Having reviewed the Verified Complaint for Forfeiture in Rem, this Court finds that in accordance with Suppl Rule G(3)(b)(ii), Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, probable cause exists to believe that the defendant property, which is not currently in the United States possession, custody, or control or subject to a judicial restraining order, is subject to forfeiture pursuant to 18 U.S.C. 2323(a). WHEREFORE, YOU ARE HEREBY COMMANDED to arrest and seize

Case 8:10-cv-01214-JDW-TBM Document 2-2

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the defendant property by executing this Warrant of Arrest in Rem and serving a copy of it on the custodian in whose possession, custody, or control the property is presently found, and to use whatever appropriate means to protect and maintain the property in your custody until further Court order. If the character or situation of the property is such that the taking of actual possession of the property is impracticable, you shall execute process by affixing a copy of the Warrant to the property in a conspicuous place and by leaving a copy of the complaint and process with the person having possession or his agent. YOU ARE FURTHER COMMANDED to provide notice of this action to any person thought to have an interest in or claim against the defendant property by serving such person a copy of this Warrant and a copy of the Verified Complaint for Forfeiture in Rem in a manner consistent with the principles of service of process for an action in rem under Suppl Rule G of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions. At the discretion of the United States Marshals Service, any federal, state, or local law enforcement officer is authorized to accompany and assist a Deputy United States Marshal in executing this Warrant of Arrest in Rem. A RETURN of this Warrant of Arrest in Rem shall be made promptly to the Clerk of the United States District Court in Tampa, Florida, and shall identify the individuals upon whom copies were served, the manner employed, and a statement as to the satisfaction of the orders herein issued.

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Pursuant to 18 U.S.C. 983(a)(4), any person claiming an interest in the defendant property shall file a Verified Statement of Right or Interest asserting such persons interest in the property in a manner set forth in Suppl Rule G, Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, within thirty-five (35) days after direct notice of the complaint was sent under Rule G(4)(b); or, under Rule G(5)(a)(ii)(B), within thirty (30) days of the final date of publication if direct notice was not sent; or, under Rule G(5)(a)(ii)(C)(1), within sixty (60) days after process was executed on the property under Rule G(3) if notice was not published or sent directly and the property was not in the governments possession, custody, or control. Within twenty (20) days of filing the claim, the claimant shall also file an Answer to the Verified Complaint. The claimant shall file the Verified Statement of Right or Interest and Answer, with the Office of the Clerk, United States District Court, 801 N. Florida Avenue, Tampa, Florida 33602. Copies of the Verified Statement of Right or Interest and the Answer to the Complaint are to be sent to A. Brian Albritton, United States Attorney, 400 N. Tampa Street, Ste. 3200, Tampa, Florida 33602, Attn: Josephine W. Thomas, Assistant United States Attorney. Failure to follow this procedure may result in the entry of a default judgment. Instead of, or in addition to, filing a Statement of Right or Interest, any person or entity claiming an interest in the defendant property may file a Petition

Case 8:10-cv-01214-JDW-TBM Document 2-2

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for Remission and Mitigation of Forfeiture in accordance with the procedures set forth in 28 C.F.R. Part 9.

Dated this ___ day of May, 2010.

_________________________________ UNITED STATES MAGISTRATE JUDGE