-JFM United States of America v. Approximately $6,200.00 in U.S. Currency et al, No. 2:2009cv01825 - Document 21 (E.D. Cal. 2011)

Court Description: FINAL JUDGMENT OF FORFEITURE, signed by Senior Judge Edward J. Garcia on 1/19/11. (Kastilahn, A)

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-JFM United States of America v. Approximately $6,200.00 in U.S. Currency et al 1 2 3 4 5 Doc. 21 BENJAMIN B. WAGNER United States Attorney KELLI L. TAYLOR 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 12 13 14 15 16 17 18 19 20 21 UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) APPROXIMATELY $6,200.00 IN ) U.S. CURRENCY, and ) ) 2000 NISSAN MAXIMA, ) VIN: JN1CA31D2YT747576, ) CALIFORNIA LICENSE NUMBER: ) 6CNZ606, ) Defendants. ) ______________________________) 2:09-CV-01825-EJG-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 Approximately 22 $6,200.00 in U.S. Currency (“defendant currency”) and a 2000 Nissan 23 Maxima, VIN: JN1CA31D2YT747576, California License Number: 6CNZ606 24 (“defendant vehicle”). 25 2. A Verified Complaint for Forfeiture In Rem (“Complaint”) 26 was filed on July 2, 2009, alleging that the defendant currency 27 and defendant vehicle are subject to forfeiture to the United 28 States of America pursuant to 21 U.S.C. §§ 881(a)(4) and 1 Final Judgment of Forfeiture Dockets.Justia.com 1 881(a)(6). 2 3. On or about July 2, 2009, the Clerk issued a Warrant for 3 Arrest for the defendant currency and defendant vehicle, and that 4 warrant was duly executed on the defendant currency on July 7, 5 2009, and on the defendant vehicle on July 21, 2009. 6 4. Beginning on August 20, 2009, for at least 30 7 consecutive days, the United States published Notice of the 8 Forfeiture Action on the official internet government forfeiture 9 site www.forfeiture.gov. 10 A Declaration of Publication was filed on September 21, 2009. 11 5. In addition to the public notice on the official 12 internet government forfeiture site www.forfeiture.gov, actual 13 notice or attempted notice was given to the following 14 individuals: 15 a. Jose Ramon Delgadillo 16 b. Juan Carlos Favela Castro 17 6. On August 6, 2009, Claimant Jose Ramon Delgadillo 18 (”Delgadillo”) filed a Claim of Ownership in Property Under 19 Warrant of Seizure. 20 filed an Amended Claim of Ownership in Property Under Warrant of 21 Seizure. 22 Complaint. 23 matter, and the time for which any person or entity may file a 24 claim and answer has expired. 25 7. On August 14, 2009, Claimant Delgadillo On August 25, 2009, Claimant filed an Answer to the No other parties have filed claims or answers in this The Clerk of the Court entered a Clerk's Certificate of 26 Entry of Default against Juan Carlos Favela Castro on October 15, 27 2010. 28 thus join in a request that as part of the Final Judgment of Pursuant to Local Rule 540, the United States and Claimant 2 Final Judgment of Forfeiture 1 Forfeiture in this case the Court enter a default judgment 2 against the interest, if any, of Juan Carlos Favela Castro 3 without further notice. 4 5 6 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 7 Forfeiture entered into by and between the parties to this 8 action. 9 2. That judgment is hereby entered against claimant Jose 10 Ramon Delgadillo and all other potential claimants who have not 11 filed claims in this action. 12 3. All right, title, and interest of Claimant Jose Ramon 13 Delgadillo in the defendant Approximately $6,200.00 in U.S. 14 Currency, together with any interest that may have accrued on 15 that amount, shall be forfeited to the United States pursuant to 16 21 U.S.C. § 881(a)(6), to be disposed of according to law. 17 4. All right, title, and interest of Claimant Jose Ramon 18 Delgadillo in the defendant 2000 Nissan Maxima, VIN: 19 JN1CA31D2YT747576, California License Number: 6CNZ606, shall be 20 forfeited to the United States pursuant to 21 U.S.C. § 881(a)(4), 21 to be disposed of according to law. 22 5. That plaintiff United States of America and its 23 servants, agents, and employees and all other public entities, 24 their servants, agents, and employees, are released from any and 25 all liability arising out of or in any way connected with the 26 seizure, arrest, or forfeiture of the defendant currency and the 27 defendant vehicle, and for the commencement and prosecution of 28 this forfeiture action. This is a full and final release 3 Final Judgment of Forfeiture 1 applying to all unknown and unanticipated injuries, and/or 2 damages arising out of said seizure, arrest, or forfeiture, as 3 well as to those now known or disclosed. 4 provisions of California Civil Code § 1542. 5 6. The parties waived the Claimant Delgadillo waived any and all claim or right to 6 interest that may have accrued on the defendant currency being 7 forfeited to the United States. 8 9 10 11 12 7. All parties are to bear their own costs and attorneys' 8. The Court shall maintain jurisdiction to enforce the fees. terms of this Final Judgment of Forfeiture. SO ORDERED THIS 19th day of January, 2011. 13 14 15 /s/ Edward J. Garcia EDWARD J. GARCIA UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 4 Final Judgment of Forfeiture

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