-DAD USA v. Approximately $50,000.00 in U.S. Currency, No. 2:2010cv02828 - Document 21 (E.D. Cal. 2011)

Court Description: FINAL JUDGMENT OF FORFEITURE ORDER signed by Judge John A. Mendez on 6/10/111. All parties are to bear their own costs and attorneys' fees. The Court shall retain jurisdiction to enforce the terms of this Final Judgment of Forfeiture. CASE CLOSED. (Mena-Sanchez, L)

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-DAD USA v. Approximately $50,000.00 in U.S. Currency 1 2 3 4 5 Doc. 21 BENJAMIN B. WAGNER United States Attorney LYNN TRINKA ERNCE 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 ) ) ) ) ) ) ) ) ) ) ) Plaintiff, v. APPROXIMATELY $50,000.00 IN U.S. CURRENCY, 15 Defendant. 16 17 1. FINAL JUDGMENT OF FORFEITURE The Court finds as follows: 18 2:10-CV-02828 JAM DAD This is a civil forfeiture action against Approximately 19 $50,000.00 in U.S. Currency (hereafter “defendant currency”) 20 seized on or about April 21, 2010, on Interstate 5 at Wonderland 21 Boulevard, Redding, California. 22 2. The United States filed a Verified Complaint for 23 Forfeiture In Rem (“Complaint”) on October 19, 2010, alleging 24 that the defendant currency is subject to forfeiture to the 25 United States of America pursuant to 21 U.S.C. § 881(a)(6). 26 3. On or about October 25, 2010, the Clerk issued a Warrant 27 for Arrest for the defendant currency, and that warrant was duly 28 executed on October 26, 2010. 1 Final Judgment of Forfeiture Dockets.Justia.com 1 4. Beginning on October 27, 2010, for at least 30 2 consecutive days, the United States published Notice of the 3 Forfeiture Action on the official internet government forfeiture 4 site www.forfeiture.gov. 5 on November 29, 2010. 6 5. A Declaration for Publication was filed In addition to the public notice on the official 7 internet government forfeiture site www.forfeiture.gov, actual 8 notice or attempted notice was given to the following 9 individuals: 10 a. Markus Emmett Webster 11 b. Nicholas Robert Woody 12 c. John Pichler 13 d. Samantha Pichler 14 6. Claimant Nicholas Robert Woody filed a verified claim to 15 the defendant currency and an answer to the Complaint on December 16 1, 2010. 17 matter, and the time for filing such claims and answers has 18 expired. 19 7. No other parties have filed claims or answers in this The Clerk of the Court entered a Clerk's Certificate of 20 Entry of Default against Markus Emmett Webster, John Pichler and 21 Samantha Pichler on February 15, 2011. 22 8. Plaintiff United States moved for summary judgment 23 pursuant to Fed. R. Civ. P. 56. 24 the Court granted plaintiff’s summary judgment motion. 25 the order filed June 10, 2011 is attached hereto as Exhibit A and 26 is incorporated herein by this reference. 27 28 By order filed on June 10, 2011, A copy of Based on the above findings, and the files and records of the Court, it is hereby ORDERED AND ADJUDGED: 2 Final Judgment of Forfeiture 1 1. Judgment is hereby entered against claimant Nicholas 2 Robert Woody and all other potential claimants who have not filed 3 claims in this action. 4 2. A final judgment of forfeiture is hereby entered in 5 favor of plaintiff United States of America and against the 6 defendant approximately $50,000.00 in U.S. Currency. 7 3. All right, title, and interest of Nicholas Robert Woody 8 in the defendant approximately $50,000 in U.S. Currency, together 9 with any interest that may have accrued, shall be forfeited to 10 the United States pursuant to 21 U.S.C. § 881(a)(6) to be 11 disposed of according to law. 12 4. That the United States and its servants, agents, and 13 employees and all other public entities, their servants, agents, 14 and employees, are released from any and all liability arising 15 out of or in any way connected with the seizure, arrest, or 16 forfeiture of the defendant currency. 17 release applying to all unknown and unanticipated injuries, 18 and/or damages arising out of said seizure, arrest, or 19 forfeiture, as well as to those now known or disclosed. 20 21 22 23 24 5. This is a full and final All parties are to bear their own costs and attorneys' fees. 6. The Court shall retain jurisdiction to enforce the terms of this Final Judgment of Forfeiture. SO ORDERED THIS 10th day of June, 2011. 25 /s/ John A. Mendez JOHN A. MENDEZ United States District Judge 26 27 28 3 Final Judgment of Forfeiture

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