USA v. Approximately $25,474, et. al., No. 2:2005cv00579 - Document 45 (E.D. Cal. 2016)

Court Description: FINAL JUDGMENT OF FORFEITURE signed by District Judge Kimberly J. Mueller on 08/24/16. (Benson, A)

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USA v. Approximately $25,474, et. al. Doc. 45 1 PHILLIP A. TALBERT Acting United States Attorney 2 KEVIN C. KHASIGIAN Assistant U.S. Attorney 3 501 I Street, Suite 10-100 Sacramento, CA 95814 4 Telephone: (916) 554-2700 5 Attorneys for the United States 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 2:05-cv-00579-KJM-DB Plaintiff, FINAL JUDGMENT OF FORFEITURE 13 14 v. APPROXIMATELY $25,474, and $1,105 in U.S. CURRENCY, 15 Defendants. 16 17 Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds: 18 1. This is a civil forfeiture action against Approximately $25,474 and $1,105 in U.S. 19 Currency (hereafter “defendant currency”) seized on or about September 28, 2004. 20 2. A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on March 24, 2005, 21 alleging that said defendant currency is subject to forfeiture to the United States pursuant to 21 U.S.C. § 22 881(a)(6). 23 3. On or about March 24, 2005, Judge Kimberly J. Mueller issued a Warrant and Summons 24 for Arrest for the defendant currency, and that warrant was executed on March 31, 2005. 25 4. On April 22, 2005, a Notice of Arrest and Seizure of the defendant currency appeared by 26 publication in the Willows Journal, a newspaper of general circulation in the county in which the 27 defendant currency was seized (Glenn County). The Proof of Publication was filed with the Court on 28 May 19, 2005. 1 Final Judgment of Forfeiture Dockets.Justia.com 5. 1 In addition to Public Notice of Arrest and Seizure, actual notice or attempted notice was 2 given to the following individuals: 3 a. Jesus J. Gonzalez Rodriguez 4 b. Ana Marie Rodriguez1 6. 5 Jesus Rodriguez (“claimant”) filed a Claim on May 11, 2005 and an Answer to 6 Complaint on July 30, 2010. A Stay was entered on June 8, 2005, staying the case pending the 7 resolution of the related criminal case, United States v. Jesus Rodriguez, 2:04-CR-00387-MCE and 8 related appeal. 7. 9 The Clerk of the Court entered a Clerk’s Certificate of Entry of Default against Ana 10 Marie Rodriguez on August 22, 2016. Pursuant to Local Rule 540, the United States and claimant 11 request that, as a part of this Final Judgment of Forfeiture, the Court enter a default judgment against the 12 interest, if any, of Ana Marie Rodriguez without further notice. 8. 13 No other parties have filed claims or answers in this matter, and the time in which any 14 person or entity may file a claim and answer has expired. Based on the above findings, and the files and records of the Court, it is hereby ORDERED 15 16 AND ADJUDGED: 1. 17 Judgment is hereby entered against claimant Jesus Rodriguez, and all other potential 18 claimants who have not filed claims in this action. 2. 19 Upon entry of this Final Judgment of Forfeiture, $15,474.00 of the Approximately 20 $25,474.00 in U.S. Currency and Approximately $1,105.00 in U.S. Currency, together with any 21 interest that may have accrued on the total amounts seized, shall be forfeited to the United States 22 pursuant to 21 U.S.C. § 881(a)(6), to be disposed of according to law. 3. 23 Upon entry of this Final Judgment of Forfeiture, but no later than 60 days thereafter, 24 $10,000.00 of the Approximately $25,474.00 in U.S. Currency shall be returned to claimant Jesus 25 Rodriguez through his attorney John Balazs. 26 ///// 27 28 1 Attorney Bruce Locke stated that he represented both Jesus Rodriguez and Ana Rodriguez. Mr. Locke accepted service on behalf of both of them. 2 Final Judgment of Forfeiture 1 4. The United States and its servants, agents, and employees and all other public entities, 2 their servants, agents, and employees, are released from any and all liability arising out of or in any 3 way connected with the seizure or forfeiture of the defendant currency. This is a full and final release 4 applying to all unknown and unanticipated injuries, and/or damages arising out of said seizure or 5 forfeiture, as well as to those now known or disclosed. Claimant waived the provisions of California 6 Civil Code § 1542. 7 5. All parties are to bear their own costs and attorneys' fees. 8 6. The U.S. District Court for the Eastern District of California, Hon. Kimberly J. Mueller, 9 District Judge, shall retain jurisdiction to enforce the terms of this Final Judgment of Forfeiture. 10 7. Based upon the allegations set forth in the Complaint filed March 24, 2005, and the 11 Stipulation for Final Judgment of Forfeiture filed herein, the Court enters this Certificate of Reasonable 12 Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for the seizure and arrest of the 13 defendant currency, and for the commencement and prosecution of this forfeiture action. 14 SO ORDERED THIS 24th day of August, 2016. 15 16 UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 3 Final Judgment of Forfeiture

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