-GSA United States of America v. 2002 AMGN UT Hummer et al, No. 1:2009cv01614 - Document 42 (E.D. Cal. 2011)
Court Description: FINAL JUDGMENT OF FORFEITURE signed by Judge Oliver W. Wanger on 6/2/2011. (Marrujo, C)
Download PDF
<![CDATA[
-GSA United States of America v. 2002 AMGN UT Hummer et al 1 5 BENJAMIN B. WAGNER United States Attorney RICHARD M. ELIAS Assistant United States Attorney United States Courthouse 2500 Tulare Street, Suite 4401 Fresno, California 93721 Telephone: (559) 497-4000 Facsimile: (559) 497-4099 6 Doc. 42 Attorneys for Plaintiff 2 3 4 7 8 IN THE UNITED STATES DISTRICT COURT FOR THE 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) 2002 AMGN UT HUMMER, ) VIN: 137FA90382E200946, ) LICENSE NO. 5JEAU580; ) ) 1970 FORD MUSTANG FASTBACK, ) VIN: 0R02F100917, ) LICENSE NO. 2YSD525; ) ) 2004 PACE AMERICAN CARRY ON ) UTILITY TRAILER, ) VIN: 4P2FB12124U054420, ) LICENSE NO. 4FG6946; and ) ) 2007 FOUR WINNS 220 HORIZON ) BOAT, VIN: GFNMA1451607, ) LICENSE NO. 5258 TK, ) ) Defendants. ) ____________________________________ ) 1:09-CV-01614-OWW-GSA FINAL JUDGMENT OF FORFEITURE 24 Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds: 25 1. 26 27 28 This is a civil forfeiture action against the above-captioned assets (hereafter “defendant properties”) seized on or about February 24, 2009. 2. A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on September 11, 2009, alleging that said defendant properties are subject to forfeiture to the United Final Judgment of Forfeiture Dockets.Justia.com 1 States of America pursuant to 21 U.S.C. §§ 881(a)(4) and 881(a)(6). 2 3 3. On September 18, 2009, the Clerk issued a Warrant for Arrest for the defendant properties and was duly executed on October 27, 2009. 4 4. Beginning on October 2, 2009, for at least 30 consecutive days, the United States 5 published Notice of the Forfeiture Action on the official internet government forfeiture site 6 www.forfeiture.gov. A Declaration for Publication was filed on December 7, 2009. 7 8 5. In addition to the public notice on the official internet government forfeiture site www.forfeiture.gov, actual notice or attempted notice was given to the following individuals: 9 a. Isaias Lopez 10 b. Maria Licea 11 c. Bank of America, N.A. 12 6. Claimant Isaias Lopez filed a Claim of Ownership and Answers to the Complaint 13 for Forfeiture to the defendant properties on September 28, 2009. Claimant Bank of America, 14 N.A. filed a Claim on March 30, 2011, alleging a lien holder interest in the defendant 2007 Four 15 Winns 220 Horizon Boat, and on April 20, 2011, filed an Answer to Complaint. No other parties 16 have filed claims or answers in this matter, and the time in which any person or entity may file a 17 claim and answer has expired. 18 7. The Clerk of the Court entered a Clerk's Certificate of Entry of Default against 19 Maria Licea on January 25, 2010. Pursuant to Local Rule 540, the United States requests that as 20 part of the Final Judgment of Forfeiture in this case the Court enter a default judgment against 21 the interest, if any, of Maria Licea without further notice. 22 23 Based on the above findings, and the files and records of the Court, it is hereby ORDERED AND ADJUDGED: 24 25 1. The Court adopts the Stipulation for Final Judgment of Forfeiture entered into by and between the parties to this action. 26 2. That judgment is hereby entered against claimant Isaias Lopez, potential claimant 27 Maria Licea, and all other potential claimants who have not filed claims in this action. 28 /// 2 Final Judgment of Forfeiture 1 3. Upon entry of a Final Judgment of Forfeiture herein, the following defendant 2 properties shall be forfeited to the United States pursuant to 21 U.S.C. § 881(a)(4), to be 3 disposed of according to law: 4 a. 2002 AMGN UT Hummer, VIN: 137FA90382E200946, License No. 5JEAU580, b. 1970 Ford Mustang Fastback, VIN: 0R02F100917, License No. 2YSD525, and c. 2004 Pace American Carry On Utility Trailer, VIN: 4P2FB12124U054420, License No. 4FG6946. 5 6 7 8 9 4. Upon entry of a Final Judgment of Forfeiture herein, but no later than 60 days 10 thereafter, the 2007 Four Winns 220 Horizon Boat, VIN: GFNMA1451607, License No. 5258 11 TK, shall be returned to claimant Isaias Lopez through his attorney Victor M. Perez. 12 5. That the United States and its servants, agents, and employees and all other public 13 entities, their servants, agents, and employees, are released from any and all liability arising out 14 of or in any way connected with the seizure, arrest, or forfeiture of the defendant properties. This 15 is a full and final release applying to all unknown and unanticipated injuries, and/or damages 16 arising out of said seizure, arrest, or forfeiture, as well as to those now known or disclosed. The 17 parties waived the provisions of California Civil Code § 1542. 18 6. That pursuant to the stipulation of the parties, and the allegations set forth in the 19 Complaint filed on September 11, 2009, the Court finds that there was reasonable cause for the 20 seizure and arrest of the defendant properties, and for the commencement and prosecution of this 21 forfeiture action, and a Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465 shall be 22 entered accordingly. 23 7. All parties are to bear their own costs and attorneys fees. 24 8. The U.S. District Court for the Eastern District of California, Hon. Oliver W. 25 Wanger, District Judge, shall retain jurisdiction to enforce the terms of this Final Judgment of 26 Forfeiture. 27 SO ORDERED THIS 26th day of May, 2011. 28 /s/ OLIVER W. WANGER United States District Judge 3 Final Judgment of Forfeiture 1 2 CERTIFICATE OF REASONABLE CAUSE Based upon the allegations set forth in the Complaint filed September 11, 2009, and the 3 Stipulation for Final Judgment of Forfeiture filed herein, the Court enters this Certificate of 4 Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for the seizure 5 or arrest of the defendant properties, and for the commencement and prosecution of this 6 forfeiture action. 7 8 DATED: June 2, 2011 /s/ OLIVER W. WANGER United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 Final Judgment of Forfeiture
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
