United States of America v. 2001 Volkswagen Beetle, VIN: 3VWCK21CX1M459995, License Number 5GSH636 et al, No. 2:2008cv02198 - Document 21 (E.D. Cal. 2011)

Court Description: FINAL JUDGMENT OF FORFEITURE signed by Senior Judge Lawrence K. Karlton on 06/21/11; judgment is hereby entered against claimant Vasquez and all other potential claimants who have not filed claims in this action; All parties are to bear their own costs and attorneys' fees; the Court enters this Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465. CASE CLOSED. (Michel, G)

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United States of America v. 2001 Volkswagen Beetle, VIN: 3VWCK21CX1M459995...se Number 5GSH636 et al 1 4 BENJAMIN B. WAGNER United States Attorney KEVIN C. KHASIGIAN Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916)554-2700 5 Doc. 21 Attorneys for the United States 2 3 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. 2001 VOLKSWAGEN BEETLE, VIN: 3VWCK21CX1M459995, LICENSE NUMBER 5GSH636, 17 2003 DODGE RAM 1500 PICKUP, VIN: 1D7HA18D63J657709, LICENSE NUMBER 8B62913, AND 18 ASSORTED JEWELRY, 19 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 2:08-CV-02198-LKK-DAD FINAL JUDGMENT OF FORFEITURE 20 21 22 23 Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds: 1. This is a civil forfeiture action against a 2001 24 Volkswagen Beetle, VIN: 3VWCK21CX1M459995, License Number 5GSH636, 25 a 2003 Dodge Ram 1500 Pickup, VIN: 1D7HA18D63J657709, License 26 Number 8B62913 (hereafter "defendant vehicles"), and Assorted 27 Jewelry seized on or about April 24, 2008. 28 2. A Verified Complaint for Forfeiture In Rem (“complaint”) 1 Final Judgment of Forfeiture Dockets.Justia.com 1 was filed on September 17, 2008, alleging that the 2001 Volkswagen 2 Beetle, VIN: 3VWCK21CX1M459995, License Number 5GSH636 is subject 3 to forfeiture to the United States of America pursuant to 21 U.S.C. 4 § 881(a)(4), and that the 2003 Dodge Ram 1500 Pickup, VIN: 5 1D7HA18D63J657709, License Number 8B62913 and the Assorted Jewelry 6 are subject to forfeiture to the United States of America pursuant 7 to 21 U.S.C. § 881(a)(6). 8 9 3. On or about October 22, 2008, the Clerk issued a Warrant for Arrest of Articles In Rem for the defendant vehicles 10 and Assorted Jewelry, and that warrant was duly executed on October 11 23 and 29, 2008. 12 4. On October 31, 2008, the U.S. Marshals Service personally 13 served copies of the complaint, application and order for 14 publication, order regarding clerk’s issuance of warrant for 15 arrest, warrant for arrest, order setting status conference, notice 16 of availability of voluntary dispute resolution, notice of 17 availability of magistrate judge, and notice of forfeiture action 18 on Miguel Vasquez, Jr. (hereafter “Vasquez”) and on Frank Wesley 19 Blue IV. 20 5. Beginning on September 26, 2008, for at least 30 21 consecutive days, the United States published Notice of the 22 Forfeiture Action on the official internet government forfeiture 23 site www.forfeiture.gov. 24 October 30, 2008. 25 6. A Declaration of Publication was filed on Vasquez filed a Claim of Ownership of Property alleging 26 that he is the owner of the above-captioned property, and filed an 27 Answer to the complaint. 28 7. Apart from claimant Vasquez, no other parties have filed 2 Final Judgment of Forfeiture 1 claims or answers in this matter and the time for which any person 2 or entity may file a claim and answer has expired. 3 8. The Clerk of the Court entered a Clerk's Certificate of 4 Entry of Default against Frank Wesley Blue on February 6, 2009. 5 Pursuant to Local Rule 540, the United States and claimant Vasquez 6 thus join in a request that as part of this Final Judgment of 7 Forfeiture the Court enter a default judgment against the interest, 8 if any, of Frank Wesley Blue without further notice. 9 10 11 12 13 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 of Forfeiture entered into by and between the parties to this action. 2. That judgment is hereby entered against claimant Vasquez 14 and all other potential claimants who have not filed claims in this 15 action. 16 3. All right, title and interest of Vasquez in the 17 2001 Volkswagen Beetle, VIN: 3VWCK21CX1M459995, License Number 18 5GSH636 shall be forfeited to the United States pursuant to 21 19 U.S.C. § 881(a)(4). 20 the 2003 Dodge Ram 1500 Pickup, VIN: 1D7HA18D63J657709, License 21 Number 8B62913 and the Assorted Jewelry shall be forfeited to the 22 United States pursuant to 21 U.S.C. § 881(a)(6). 23 4. All right, title and interest of Vasquez in Plaintiff United States of America and its servants, 24 agents, and employees and all other public entities, their 25 servants, agents, and employees, are released from any and all 26 liability arising out of or in any way connected with the arrest, 27 seizure, or forfeiture of the defendant vehicles and Assorted 28 Jewelry. This is a full and final release applying to all unknown 3 Final Judgment of Forfeiture 1 and unanticipated injuries, and/or damages arising out of said 2 arrest, seizure, or forfeiture, as well as to those now known or 3 disclosed. 4 Code § 1542. 5 5. The parties waived the provisions of California Civil That pursuant to the stipulation of the parties, and the 6 allegations set forth in the Complaint filed on September 17, 2008, 7 the Court finds that there was reasonable cause for the seizure and 8 arrest of the defendant vehicles and the Assorted Jewelry, and a 9 Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465 shall 10 11 12 13 14 15 be entered accordingly. 6. All parties are to bear their own costs and attorneys' fees, if any. 7. The Court shall maintain jurisdiction to enforce the terms of this Final Judgment of Forfeiture. SO ORDERED THIS 21st day of June, 2011. 16 17 18 19 20 CERTIFICATE OF REASONABLE CAUSE Based upon the allegations set forth in the Complaint filed 21 September 17, 2008, and the Stipulation for Final Judgment of 22 Forfeiture filed herein, the Court enters this Certificate of 23 Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was 24 reasonable cause for the seizure or arrest of the defendant 25 vehicles and the Assorted Jewelry. 26 DATED: June 21, 2011. 27 28 4 Final Judgment of Forfeiture

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