-DAD USA v. Approximately $50,000.00 in U.S. Currency, No. 2:2010cv02828 - Document 19 (E.D. Cal. 2011)

Court Description: ORDER signed by Judge John A. Mendez on 6/9/11 ORDERING that Nicholas Robert Woody's claim and answer shall be stricken from the record because Woody lacks Article III standing; and Based on the aggregate of undisputed evidence, the United State s has met its burden of proving that the $50,000 is forfeitable; Judgment will be entered in favor of the United States against the defendant $50,000. The United States shall submit an appropriate form of final judgment of forfeiture within 5 court days of the date of entry of this order. (Becknal, R)

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-DAD USA v. Approximately $50,000.00 in U.S. Currency 1 4 BENJAMIN B. WAGNER United States Attorney LYNN TRINKA ERNCE Assistant United States Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916) 554-2720 5 Doc. 19 Attorneys for United States 2 3 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 Plaintiff, 13 14 15 Case No. 2:10-cv-02828 JAM DAD ORDER GRANTING UNITED STATES OF AMERICA’S MOTION FOR SUMMARY JUDGMENT v. APPROXIMATELY $50,000 IN U.S. CURRENCY, Defendant. 16 17 This is an action by plaintiff United States of America for the 18 forfeiture of defendant $50,000 in U.S. Currency. 19 2010, claimant Nicholas Robert Woody filed a claim to the $50,000 and 20 an answer to the United States’ civil forfeiture complaint. 21 8. 22 motion. 23 and answer should be stricken because Woody lacks standing to contest 24 forfeiture and because he did not respond to the United States’ 25 special interrogatories; and (2) the defendant $50,000 is forfeitable 26 pursuant to 21 U.S.C. § 881(a)(6) because it constitutes moneys 27 furnished or intended to be furnished in exchange for controlled 28 substances and/or proceeds traceable to such exchange. On December 1, Docket On April 14, 2011, the United States filed a summary judgment Docket 15. The United States argues that: (1) Woody’s claim 1 PDF created with pdfFactory trial version www.pdffactory.com Docket 15. Order Granting Summary Judgment Motion Dockets.Justia.com 1 Claimant has not responded to the summary judgment motion and the 2 Court took the motion under submission without oral argument. 3 Based on the argument and undisputed evidence submitted by the 4 United States in support of the motion, and good cause appearing, the 5 Court hereby GRANTS the United States’ motion in its entirety. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. Nicholas Robert Woody’s claim and answer shall be stricken 8 from the record because Woody lacks Article III standing. 9 not come forward with any actual evidence to establish that he has a 10 11 Woody has legitimate interest in the defendant $50,000. 2. Woody’s claim and answer shall be stricken from the record 12 pursuant to Rule G(8)(c) of the Supplemental Rules for Admiralty or 13 Maritime Claims and Asset Forfeiture Actions because Woody did not 14 respond to the United States’ special interrogatories served pursuant 15 to Supplemental Rule G(6); and 16 3. Based on the aggregate of undisputed evidence, the United 17 States has met its burden of proving that the $50,000 is forfeitable 18 pursuant to 21 U.S.C. § 881(a)(6). 19 4. Judgment will be entered in favor of the United States 20 against the defendant $50,000. The United States shall submit an 21 appropriate form of final judgment of forfeiture within 5 court days 22 of the date of entry of this order. 23 24 25 DATED: June 9, 2011________ /s/ John A. Mendez JOHN A. MENDEZ United States District Judge 26 27 28 2 PDF created with pdfFactory trial version www.pdffactory.com Order Granting Summary Judgment Motion

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