(TEMP) United States of America v. Real Property at 3734 Laurel Street, Shasta Lake, CA, et al., No. 2:2013cv02326 - Document 23 (E.D. Cal. 2016)
Court Description: FINAL JUDGMENT OF FORFEITURE signed by District Judge Kimberly J. Mueller on 02/02/16. (Benson, A)
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(TEMP) United States of America v. Real Property at 3734 Laurel Street, Shasta Lake, CA, et al. 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. 23 Attorneys for the United States 1 2 3 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 13 14 15 16 2:13-CV-02326-KJM-DAD Plaintiff, v. PROPOSED FINAL JUDGMENT OF FORFEITURE REAL PROPERTY LOCATED AT 3734 LAUREL STREET, SHASTA LAKE, CALIFORNIA, SHASTA COUNTY, APN: 006-160-028, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, 17 18 19 REAL PROPERTY LOCATED AT 21915 ELK TRAIL W, REDDING, CALIFORNIA, SHASTA COUNTY, APN: 305-040-002, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, 20 21 22 23 24 25 26 APPROXIMATELY $15,000.00 IN U.S. CURRENCY, 2008 APACHE BOX TRAILER, VIN: 5JRUE24278C201038, CALIFORNIA LICENSE NUMBER: 4JW1149, 2010 TRIUMPH MOTORCYCLE, VIN: SMTB01TL0AJ438759, OREGON LICENSE NUMBER: M672576, OFF-ROAD DUNE BUGGY, VIN: CA736117, CALIFORNIA LICENSE NUMBER: 57V99P, 27 Defendants. 28 1 Final Judgment of Forfeiture Dockets.Justia.com 1 Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds: 2 1. 3 This is a civil action in rem brought against the following assets: a. 3734 Laurel Street, Shasta Lake, California, Shasta County, APN: 006-160-028, including all appurtenances and improvements thereto, and more fully described as: 4 Lot 7, Block 18, Boomtown Subdivision, Unit No. 5, as per map recorded in Book 5 of Maps at Page 29, Shasta County Records. 5 6 b. 21915 Elk Trail W, Redding, California, Shasta County, APN 305-040-002, including all appurtenances and improvements thereto, and more fully described as: 7 Lot 70 as shown on the map of “Tract No. 1367, Shasta Lake Estates, Units 3 and 4, Private Road Subdivision”, filed July 7, 1977 in Book 15 of Maps, Page 19, Shasta County Records, being a portion of Section 30, Township 33 North, Range 3 West, M.D.B. & M. 8 9 10 c. Approximately $15,000.00 in U.S. Currency; 11 d. 2008 Apache Box Trailer, VIN: 5JRUE24278C201038, California License Number: 4JW1149; 12 13 e. 2010 Triumph Motorcycle, VIN: SMTB01TL0AJ438759, Oregon License Number: M672576; and 14 f. Off-Road Dune Buggy, VIN: CA736117, California License Number: 57V99P 15 (collectively “defendant assets”). The defendant assets were seized on September 17, 2013. 16 2. A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on November 8, 17 2013, alleging that said defendant assets are subject to forfeiture to the United States pursuant to 21 18 U.S.C. §§ 881(a)(4), (a)(6) and (a)(7), 18 U.S.C. §§ 981(a)(1)(A) and (a)(1)(C) and 31 U.S.C. § 19 5317(c)(2). 20 3. On November 8, 2013, the Clerk issued a Warrant for Arrest for the defendant 21 Approximately $15,000.00 in U.S. Currency, 2008 Apache Box Trailer, 2010 Triumph Motorcycle and 22 the Off-Road Dune Buggy, and that warrant was duly executed on November 29, 2013. Also on 23 November 29, 2013, On November 13, 2009, the defendant properties were posted with a copy of the 24 Complaint and Notice of Complaint. 25 4. Beginning on November 24, 2013, for at least 30 consecutive days, the United States 26 published Notice of the Forfeiture Action on the official internet government forfeiture site 27 www.forfeiture.gov. A Declaration of Publication was filed on December 24, 2013. 28 5. In addition to the public notice on the official internet government forfeiture site 2 Final Judgment of Forfeiture 1 www.forfeiture.gov, actual notice or attempted notice was given to the following individual(s): 2 a. b. c. d. e. 3 4 5 6. Glen E. Meyers Aimee Burgess Lila Meyers John J. Kash Mikael C. Rittman Aimee Burgess filed a claim alleging an interest in the Approximately $15,000.00 in 6 U.S. Currency on December 17, 2013. Glen Edward Meyers filed a claim alleging an interest in the 7 real property located at 3734 Laurel Street, Shasta Lake, California, the real property located at 21915 8 Elk Trail W, Redding, California, Approximately $15,000.00 in U.S. Currency, 2008 Apache Box 9 Trailer, and the Off-Road Dune Buggy on December 30, 2013. No other parties have filed claims or 10 answers in this matter, and the time in which any person or entity may file a claim and answer has 11 expired. 12 7. The Clerk of the Court entered a Clerk's Certificate of Entry of Default against Lila 13 Meyers, John J. Kash and Mikael C. Rittman on April 18, 2014. Pursuant to Local Rule 540, the 14 United States and Glen Edward Meyers and Aimee Burgess thus join in a request that as part of the 15 Final Judgment of Forfeiture in this case the Court enter a default judgment against the interest, if any, 16 of Lila Meyers, John J. Kash and Mikael C. Rittman without further notice. 17 Based on the above findings, and the files and records of the Court, it is hereby ORDERED 18 AND ADJUDGED: 19 8. The Court adopts the Stipulation for Final Judgment of Forfeiture entered into by and 20 between the parties to this action. 21 9. Judgment is hereby entered against claimants Glen Edward Meyers and Aimee Burgess 22 and all other potential claimants who have not filed claims in this action. 23 10. All right, title, and interest of Glen Edward Meyers and Aimee Burgess in the following 24 defendant assets, together with any interest that may have accrued, shall be forfeited to the United 25 States pursuant to 21 U.S.C. §§ 881(a)(4), (a)(6) and (a)(7), 18 U.S.C. §§ 981(a)(1)(A) and (a)(1)(C) 26 and 31 U.S.C. § 5317(c)(2), to be disposed of according to law: 27 28 a. b. Approximately $15,000.00 in U.S. Currency; 2008 Apache Box Trailer, VIN: 5JRUE24278C201038, California License Number: 4JW1149; 3 Final Judgment of Forfeiture c. 1 d. 2010 Triumph Motorcycle, VIN: SMTB01TL0AJ438759, Oregon License Number: M672576; and Off-Road Dune Buggy, VIN: CA736117, California License Number: 57V99P. 2 3 11. Within 60 days of the entry of a Final Judgment of Forfeiture, the United 4 States shall record a Withdrawal of Lis Pendens against the following defendant real properties: 5 a. Real property located at 3734 Laurel Street, Shasta Lake, California, Shasta County, APN: 006-160-028, including all appurtenances and improvements thereto, and b. Real Property located at 21915 Elk Trail W, Redding, California, Shasta County, APN 305-040-002, including all appurtenances and improvements thereto. 6 7 8 9 12. That the United States and its servants, agents, and employees and all other public 10 entities, their servants, agents, and employees, are released from any and all liability arising out of or in 11 any way connected with the seizure, arrest, or forfeiture of the defendant assets. This is a full and final 12 release applying to all unknown and unanticipated injuries, and/or damages arising out of said seizure, 13 arrest, or forfeiture, as well as to those now known or disclosed. Glen Edward Meyers and Aimee 14 Burgess waive the provisions of California Civil Code § 1542. 15 13. Claimants Glen Edward Meyers and Aimee Burgess waive any and all claim or right to 16 interest that may have accrued on the defendant currency. 17 14. All parties are to bear their own costs and attorneys' fees. 18 15. The U.S. District Court for the Eastern District of California, Hon. Kimberly J. Mueller, 19 District Judge, shall retain jurisdiction to enforce the terms of this Final Judgment of Forfeiture. 20 21 CERTIFICATE OF REASONABLE CAUSE 16. Based upon the allegations set forth in the Complaint filed November 8, 2013, and the 22 Stipulation for Final Judgment of Forfeiture filed herein, the Court enters this Certificate of Reasonable 23 Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for the seizure and arrest of the 24 defendant currency, and for the commencement and prosecution of this forfeiture action. 25 SO ORDERED THIS 2nd day of February, 2016. 26 27 UNITED STATES DISTRICT JUDGE 28 4 Final Judgment of Forfeiture
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