UNITED STATES OF AMERICA v. Two 2007 Nissan Altimas et al, No. 2:2008cv01545 - Document 32 (C.D. Cal. 2009)
Court Description: JUDGMENT IN FAVOR OF UNITED STATES AND ORDER Recognizing Lien of Manheim Automotive Financial Services Inc by Judge Valerie Baker Fairbank: IT IS ORDERED AS FOLLOWS: Pursuant to the Consent Judgment previously entered in this matter, all right, title , and interest of Jose Escobar Sr., Linda Escobar, Best Value Auto Body, Jose Arcesio Perez Jarrin, Eddie Avakian, Pedro Partida, Jose Gregorio Escobar, Jr., Alejandro Nunez-Avilez, Southern California Auto Auction, Enterprise Rent-a-car, PV Holding Corporation, and all other potential claimants other than Manheim, has been declared forfeited to the United States. The defendant vehicles are more particularly described (See attached Judgment for further details). Each side waives any right to appeal the terms of their stipulation and this order. The clerk is directed to enter this Order, which constitutes a final judgment resolving this action. Related to: Stipulation 31 . (MD JS-6, Case Terminated). (jp)
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UNITED STATES OF AMERICA v. Two 2007 Nissan Altimas et al 1 2 3 4 5 6 7 8 9 10 Doc. 32 THOMAS P. O’BRIEN United States Attorney CHRISTINE C. EWELL Assistant United States Attorney Chief, Criminal Division STEVEN R. WELK Assistant United States Attorney Chief, Asset Forfeiture Section MONICA E. TAIT Assistant United States Attorney California Bar Number 157311 Asset Forfeiture Section 1400 United States Courthouse 312 North Spring Street Los Angeles, California 90012 Telephone: (213) 894-2931 Facsimile: (213) 894-7177 E-mail: Monica.Tait@usdoj.gov Attorneys for Plaintiff United States of America JS-6 11 12 UNITED STATES DISTRICT COURT 13 FOR THE CENTRAL DISTRICT OF CALIFORNIA 14 WESTERN DIVISION 15 16 17 18 19 20 21 22 23 24 25 26 UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) TWO 2007 NISSAN ALTIMAS, ONE ) 2007 CADILLAC CTS, ONE 2007 ) FORD MUSTANG, ONE 2007 ) CHEVROLET AVEO LS, AND ONE 2007) CHEVROLET TAHOE, ) ) ) Defendants. ) ) JOSE G. ESCOBAR, LINDA ESCOBAR,) AND MANHEIM AUTOMOTIVE ) FINANCIAL SERVICES, INC., ) ) Claimants. ) _______________________________ NO. CV 08-1545 VBF (FFMx) JUDGMENT IN FAVOR OF UNITED STATES AND ORDER RECOGNIZING LIEN OF MANHEIM AUTOMOTIVE FINANCIAL SERVICES, INC. The court having reviewed the STIPULATION FOR ENTRY OF 27 JUDGMENT IN FAVOR OF UNITED STATES AND RECOGNIZING LIEN OF 28 MANHEIM AUTOMOTIVE FINANCIAL SERVICES, INC. by and between CV-08-1545 Dockets.Justia.com 1 Plaintiff United States of America and claimant Manheim 2 Automotive Financial Services, Inc. (“Manheim”), and having 3 reviewed and previously entered in this action a Consent Judgment 4 as to the Interests of Jose Escobar, Sr., Linda Escobar, and All 5 Other Potential Claimants Other than Manheim Automotive Financial 6 Services, Inc., IT IS HEREBY ORDERED AS FOLLOWS: 7 1. Pursuant to the Consent Judgment previously entered in 8 this matter, all right, title, and interest of Jose Escobar Sr., 9 Linda Escobar, Best Value Auto Body, Jose Arcesio Perez Jarrin, 10 Eddie Avakian, Pedro Partida, Jose Gregorio Escobar, Jr., 11 Alejandro Nunez-Avilez, Southern California Auto Auction, 12 Enterprise Rent-a-car, PV Holding Corporation, and all other 13 potential claimants other than Manheim, has been declared 14 forfeited to the United States. 15 particularly described as follows: 16 a. 17 18 b. c. d. e. One 2007 Ford Mustang, VIN 1ZVFT84NX75253715 and California license no. 5WIG112; and f. 27 28 One 2007 Chevrolet Aveo LS, VIN KL1TD56637B066056 and California license no. 5VJS189; 25 26 One 2007 Cadillac CTS, VIN 1G6DM57T070179785 and California license no. 5YQM911; 23 24 One 2007 Nissan Altima, VIN 1N4AL21E97C124297, and California license no. 5XEG229; 21 22 One 2007 Nissan Altima, VIN 1N4AL21E77N412114, and Nevada license no. 543UCG; 19 20 The defendant vehicles are more One 2007 Chevrolet Tahoe, VIN 1GNFC13J97R167188 and California license no. 5UGT757. 3. CV-08-1545 Manheim has a valid, pre-existing lien on the defendant 2 1 vehicles which is not contested by plaintiff. 2 described in paragraph 2 and Exhibit A of the Stipulation 3 Recognizing Lien of Manheim Automotive Financial Services, Inc. 4 filed in a related matter, United States v. Vehicles Seized from 5 Brooklyn Auto Sales Business Locations, CV 08-00035 (the “Related 6 Case Stipulation”). 7 defendant vehicles in this action and to the substantially larger 8 number of vehicles described in the Related Case Stipulation. 9 4. The lien is The single lien applies both to the The defendant vehicles having been declared forfeited 10 to the United States as to all interests other than Manheim’s by 11 the earlier Consent Judgment, the United States Marshals Service 12 shall dispose of the defendants in accordance with law and in the 13 same manner as provided in paragraph 3 of the Related Case 14 Stipulation for the disposition of forfeited vehicles, as if the 15 defendant vehicles had been part of the pool of forfeited 16 vehicles described in the Related Case Stipulation. 17 5. If the funds generated by the sale of defendant vehicles 18 and forfeited “BAS Premises Vehicles” are sufficient to pay in 19 full the “Amount Owed to Manheim” (as those terms are defined in 20 the Related Case Stipulation), payments to Manheim from the sales 21 proceeds shall be in full settlement of all claims against the 22 United States resulting from the incidents or circumstances 23 giving rise to this forfeiture action. 24 United States sells all the defendant vehicles and all the 25 forfeited BAS Premises Vehicles, and if the funds generated by 26 the sale of the vehicles are not sufficient to pay in full the 27 Amount Owed to Manheim, the above-described payments to Manheim 28 from the sales proceeds of the vehicles sold shall nevertheless CV-08-1545 3 Moreover, as long as the 1 be in full settlement of all claims against the United States 2 resulting from the incidents or circumstances giving rise to this 3 forfeiture action. 4 set forth herein, Manheim is not prevented from taking action to 5 collect any remaining part of the Amount Owed to Manheim from any 6 person or entity other than the United States. 7 6. Provided, except as otherwise specifically Upon full payment of the Amount Owed to Manheim, Manheim 8 shall assign and convey its security interest in any unsold 9 defendant vehicles via recordable documents. 10 7. Upon full payment of the Amount Owed to Manheim, or 11 upon the sale of all the defendant vehicles and all the forfeited 12 BAS Premises Vehicles, Manheim agrees to release and hold 13 harmless the United States, and any agents, servants, and 14 employees of the United States (or any state or local law 15 enforcement agency) acting in their individual or official 16 capacities, from any and all claims by Manheim and its agents 17 which currently exist or which may arise as a result of the 18 government's action against the defendants. 19 8. Manheim shall not pursue against the United States any 20 other rights that it may have under Exhibits A and B to the 21 Related Case Stipulation, including, but not limited to, the 22 right to take possession of the defendant vehicles, without the 23 consent of the United States Attorney's Office or this Court. 24 9. Manheim understands and agrees that by entering into 25 the stipulation as to its interests in the defendants, it waives 26 any rights to further litigate against the United States its 27 interest in such vehicles. 28 the obligation to file an answer in this matter, releases Manheim CV-08-1545 The court hereby relieves Manheim of 4 1 from further participation in this litigation, and vacates status 2 conference set for September 21, 2009. 3 10. The parties shall execute further documents, to the 4 extent necessary, to convey clear title to any defendant vehicle 5 to further implement the terms of their stipulation and this 6 order. 7 11. Each side waives any right to appeal the terms of their 8 stipulation and this order. 9 Order, which constitutes a final judgment resolving this action. 10 The clerk is directed to enter this IT IS SO ORDERED. 11 12 DATED: August 10, 2009 13 ____________________________________ THE HONORABLE VALERIE BAKER FAIRBANK United States District Judge 14 15 Presented by: 16 17 18 19 THOMAS P. O’BRIEN United States Attorney /s/ . MONICA E. TAIT Assistant United States Attorney 20 21 22 23 24 25 26 27 28 CV-08-1545 5
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