United States of America v. 2006 Toyota Tundra SR-5 Truck, No. 2:2009cv00608 - Document 21 (E.D. Cal. 2010)
Court Description: FINAL JUDGMENT OF FORFEITURE signed by Judge Garland E. Burrell, Jr. on 3/26/2010. (Engbretson, K.)
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United States of America v. 2006 Toyota Tundra SR-5 Truck 1 2 3 4 5 Doc. 21 BENJAMIN B. WAGNER United States Attorney KRISTIN S. DOOR, SBN 84307 Assistant United States Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916)554-2723 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 ) ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff, v. 2006 TOYOTA TUNDRA SR-5 TRUCK, VIN: 5TBDT44176S529821, CALIFORNIA LICENSE NUMBER: 8C49361, 16 Defendant. 17 18 19 20 2:09-CV-00608-GEB-JFM FINAL JUDGMENT OF FORFEITURE Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds as follows: 1. This is a civil forfeiture action against a 2006 Toyota 21 Tundra SR-5 Truck, VIN: 5TBDT44176S529821, California License 22 Number: 8C49361 (hereafter "defendant vehicle"). 23 2. A Verified Complaint for Forfeiture In Rem (“complaint”) 24 was filed on March 4, 2009, alleging that said defendant vehicle 25 is subject to forfeiture to the United States of America pursuant 26 to 21 U.S.C. §§ 881(a)(6)) and 881(a)(4). 27 28 3. On or about March 12, 2009, the Clerk issued a Warrant for Arrest for the defendant vehicle, and that warrant 1 Final Judgment of Forfeiture Dockets.Justia.com 1 2 was duly executed on March 18, 2009. 4. On or about March 13, 2009, Richard James Miller 3 (hereafter “Miller”) was personally served copies of the 4 complaint, application and order for publication, warrant for 5 arrest, order requiring joint status report, notice of 6 availability of voluntary dispute resolution, notice of 7 availability of magistrate judge, and notice of forfeiture 8 action. 9 were served on Miller’s attorney Lauren Cusick by certified mail 10 11 On or about March 16, 2009, the above-listed documents number 7006 2150 0001 6370 4570. 5. On or about March 16, 2009, the above-listed documents 12 were served on Toyota Motor Credit Corporation by certified mail 13 number 7006 2150 0001 6370 4563. 14 above-listed documents were served on Toyota Financial Services 15 by certified mail number 7006 2150 0001 6370 4556. 16 been filed on behalf of Toyota Motor Credit Corporation or Toyota 17 Financial Services (collectively “Toyota”) but Toyota remains the 18 legal owner of the defendant vehicle pursuant to Miller’s 19 contract with Toyota dated May 14, 2006, until its loan is paid 20 in full. 21 6. On or about March 16, 2009, the No claim has Beginning on March 17, 2009, for at least 30 consecutive 22 days, the United States published Notice of the Forfeiture Action 23 on the official internet government forfeiture site 24 www.forfeiture.gov. 25 April 20, 2009. 26 7. A Declaration of Publication was filed on Miller filed a Verified Statement of Interest alleging 27 that he is the owner of the defendant vehicle, and an Answer to 28 Complaint for Forfeiture In Rem. 2 Miller represents that he is Final Judgment of Forfeiture 1 2 the sole registered owner of the defendant vehicle. 8. No other parties have filed claims or answers in this 3 matter and the time for which any person or entity may file a 4 claim and answer has expired. 5 6 7 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 8 Forfeiture entered into by and between the parties to this 9 action. 10 2. That judgment is hereby entered against claimant Richard 11 James Miller and all other potential claimants who have not filed 12 claims in this action. 13 3. All right, title and interest of Miller in the defendant 14 vehicle shall be forfeited to the United States pursuant to 21 15 U.S.C. §§ 881(a)(6)) and 881(a)(4). 16 17 18 4. The U.S. Marshals Service (or a designee) shall sell the defendant vehicle. 5. The following costs, expenses and distributions shall be 19 paid from the sale proceeds of the vehicle in the following 20 priority and to the extent funds are available: 21 (a) The costs incurred by the U.S. Marshals 22 Service to the date of sale of vehicle, 23 including the cost of arrest, service, 24 advertising, and maintenance. 25 (b) 26 27 28 The expenses involved in selling the vehicle. (c) To Toyota Financial Services, a sum not to exceed $6,000 to satisfy their lien. 3 As of Final Judgment of Forfeiture 1 February 18, 2010, the balance due and owing 2 was $5,894.80. 3 to Toyota Financial Services shall be 4 determined at time of payment. 5 (d) The exact amount to be paid To the United States of America: the net 6 proceeds from the sale of the vehicle. All 7 right, title, and interest in said funds 8 shall be substituted for the defendant 9 vehicle and forfeited to the United States 10 pursuant to 21 U.S.C. §§ 881(a)(6)) and 11 881(a)(4), to be disposed of according to 12 law. 13 6. That plaintiff United States of America and its 14 servants, agents, and employees and all other public entities, 15 their servants, agents, and employees, are released from any and 16 all liability arising out of or in any way connected with the 17 arrest, forfeiture, or sale of the defendant vehicle. 18 full and final release applying to all unknown and unanticipated 19 injuries, and/or damages arising out of said arrest, forfeiture, 20 or sale, as well as to those now known or disclosed. 21 waive the provisions of California Civil Code § 1542. 22 23 7. This is a The parties All parties are to bear their own costs and attorneys' fees. 24 8. Pending the sale of the defendant vehicle, and the 25 disposition of the proceeds, the Court shall maintain 26 /// 27 /// 28 /// 4 Final Judgment of Forfeiture 1 jurisdiction to enforce the terms of this Final Judgment of 2 Forfeiture. 3 Dated: March 26, 2010 4 5 6 GARLAND E. BURRELL, JR. United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 Final Judgment of Forfeiture
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