United States of America v. 2002 Chevrolet Tahoe Z-71, License No. 4VVW322, VIN: 1GNEK13T62R211527 et al, No. 2:2005cv00616 - Document 27 (E.D. Cal. 2010)
Court Description: FINAL JUDGMENT of FORFEITURE and CERTIFICATE of REASONABLE CAUSE signed by Judge John A. Mendez on 7/23/10. CASE CLOSED. (Carlos, K)
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United States of America v. 2002 Chevrolet Tahoe Z-71, License No. 4VVW322...1GNEK13T62R211527 et al 1 2 3 4 5 Doc. 27 BENJAMIN B. WAGNER United States Attorney SARALYN M. ANG-OLSON, SBN 197404 Special Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916) 554-2700 Attorneys for Plaintiff United States of America 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 13 14 15 16 Plaintiff, v. 2002 CHEVROLET TAHOE Z-71, LICENSE NO. 4VVW322, VIN: 1GNEK13T62R211527, and APPROXIMATELY $20,375.00 IN U.S. CURRENCY, 17 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) 2:05-CV-00616-JAM-DAD FINAL JUDGMENT OF FORFEITURE 18 19 20 21 Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds as follows: 1. This is a civil forfeiture action against a 2002 22 Chevrolet Tahoe Z-71, License No. 4VVW322, VIN: 1GNEK13T62R211527 23 (“defendant vehicle”) and Approximately $20,375.00 in U.S. 24 Currency ("defendant currency”). 25 2. A Verified Complaint for Forfeiture In Rem (“Verified 26 Complaint”) was filed on March 25, 2005, alleging that said 27 defendant vehicle is subject to forfeiture to the United States 28 of America pursuant to 21 U.S.C. § 881(a)(4) and said defendant 1 Final Judgment of Forfeiture Dockets.Justia.com 1 currency is subject to forfeiture to the United States of America 2 pursuant to 21 U.S.C. § 881(a)(6). 3 3. On or about March 30, 2005, Magistrate Judge Mueller 4 issued a Warrant and Summons for Arrest for the defendant vehicle 5 and the defendant currency. 6 April 6, 2005, for the defendant currency, and on April 13, 2005, 7 for the defendant vehicle. 8 4. That warrant was duly executed on On or about May 13, 2005, a Public Notice of Arrest of 9 the defendant vehicle and the defendant currency appeared by 10 publication in the Mountain Democrat, a newspaper of general 11 circulation in the county in which the defendant vehicle and the 12 defendant currency were seized (El Dorado County). 13 Publication was filed with the Court on May 23, 2005. 14 15 5. The Proof of In addition to the Public Notice of Arrest having been completed, actual notice was given to the following individuals: 16 a. Michael Francis Klaisle 17 b. Jeffrey Ryan Young 18 6. On May 6, 2005, Michael Klaisle (“Claimant”) filed a 19 Verified Claim and filed an Answer on May 26, 2005. 20 parties have filed claims or answers in this matter, and the time 21 for which any person or entity may file a claim and answer has 22 expired. 23 24 25 No other Based on the above findings, and the files and records of the Court, it is hereby ORDERED AND ADJUDGED: 1. The Court adopts the Stipulation for Final Judgment 26 of Forfeiture entered into by and between the parties to this 27 action. 28 2. That judgment is hereby entered against claimant 2 Final Judgment of Forfeiture 1 Michael Klaisle and all other potential claimants who have not 2 filed claims in this action. 3 3. Upon entry of this Final Judgment of Forfeiture, the 4 2002 Chevrolet Tahoe Z-71, License No. 4VVW322, VIN: 5 1GNEK13T62R211527, and $14,262.00 of the Approximately $20,375.00 6 in U.S. Currency, together with any interest that may have 7 accrued on that amount, shall be forfeited to the United States 8 pursuant to 21 U.S.C. §§ 881(a)(4) and (a)(6), to be disposed of 9 according to law. 10 4. Upon entry of this Final Judgment of Forfeiture, but no 11 later than 60 days thereafter, $6,113.00 of the Approximately 12 $20,375.00 in U.S. Currency, together with any interest that may 13 have accrued on that amount, shall be returned to Claimant 14 through his attorney, David Weiner. 15 5. That plaintiff United States of America and its 16 servants, agents, and employees and all other public entities, 17 their servants, agents, and employees, are released from any and 18 all liability arising out of or in any way connected with the 19 seizure, arrest, or forfeiture of the defendant vehicle and the 20 defendant currency, and for the commencement and prosecution of 21 this forfeiture action. 22 applying to all unknown and unanticipated injuries, and/or 23 damages arising out of said seizure, arrest, or forfeiture, as 24 well as to those now known or disclosed. 25 provisions of California Civil Code § 1542. 26 6. This is a full and final release The parties waive the Claimant waived any and all claim or right to interest 27 that may have accrued on the defendant currency being forfeited 28 to the United States. 3 Final Judgment of Forfeiture 1 7. That pursuant to the stipulation of the parties, and the 2 allegations set forth in the Verified Complaint filed on March 3 25, 2005, the Court finds that there was reasonable cause for the 4 seizure and arrest of the defendant vehicle and the defendant 5 currency, and for the commencement and prosecution of this 6 forfeiture action, and a Certificate of Reasonable Cause pursuant 7 to 28 U.S.C. § 2465 shall be entered accordingly. 8 8. All parties will bear their own costs and attorneys' 9 fees, if any. 10 9. The Court shall maintain jurisdiction to enforce the 11 terms of this Final Judgment of Forfeiture. 12 SO ORDERED THIS 23rd day of July, 2010. 13 14 /s/ John A. Mendez JOHN A. MENDEZ United States District Judge 15 16 17 18 19 CERTIFICATE OF REASONABLE CAUSE Based upon the allegations set forth in the Verified 20 Complaint filed on March 25, 2005, and the Stipulation for Final 21 Judgment of Forfeiture filed herein, the Court enters this 22 Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, 23 that there was reasonable cause for the seizure or arrest of the 24 defendant vehicle and the defendant currency, and for the 25 commencement and prosecution of this forfeiture action. 26 DATED: July 23, 2010 27 28 /s/ John A. Mendez JOHN A. MENDEZ UNITED STATES DISTRICT JUDGE 4 Final Judgment of Forfeiture
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