United States of America v. Approximately $5,000.00 in U.S. Currency et al, No. 2:2017cv00398 - Document 18 (E.D. Cal. 2017)
Court Description: FINAL JUDGMENT OF FORFEITURE signed by Senior Judge William B. Shubb on 6/23/17. The Court adopts the Stipulation for Final Judgment of Forfeiture entered into by and between the parties to this action. Judgment is hereby entered against claimant Sydona Anderson Fernandez on Behalf of Estate of Jason Derek Anderson and all other potential claimants who have not filed claims in this action. Upon entry of this Final Judgment of Forfeiture, all right, title, and interest of Sydona Anderson Fe rnandez on Behalf of Estate of Jason Derek Anderson in the Approximately $5,000.00 in U.S. Currency, Approximately $5,000.00 in U.S. Currency and $1,100.00 of the Approximately $4,600.00 in U.S. Currency, together with any inte rest that may have accrued on the total amount seized, shall be forfeited to the United States pursuant to 21 U.S.C. § 881(a)(6), to be disposed of according to law. Upon entry of a Final Judgment of Forfeiture herein, but no later than 60 day s thereafter, $3,500 of the Approximately $4,600.00 in U.S. Currency and $3,700.00 of the Approximately $3,700.00 in U.S. Currency, shall be returned to claimant Sydona Anderson Fernandez on Behalf of Estate of Jason Derek Anders on through her attorney Carolyn Hagin. All parties are to bear their own costs and attorneys' fees. The U.S. District Court for the Eastern District of California, Hon. William B. Shubb, District Judge, shall retain jurisdiction to enforce the terms of this Final Judgment of Forfeiture. CASE CLOSED.(Mena-Sanchez, L)
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4 PHILLIP A. TALBERT United States Attorney KEVIN C. KHASIGIAN Assistant U. S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916) 554-2700 5 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 2:17-CV-00398-WBS-AC Plaintiff, v. FINAL JUDGMENT OF FORFEITURE 14 APPROXIMATELY $5,000.00 IN U.S. CURRENCY, 15 16 17 APPROXIMATELY $5,000.00 IN U.S. CURRENCY, APPROXIMATELY $4,600.00 IN U.S. CURRENCY, and 18 19 APPROXIMATELY $3,700.00 IN U.S. CURRENCY, 20 Defendants. 21 Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds: 22 1. This is a civil action in rem to forfeit to the United States Approximately $5,000.00 in 23 U.S. Currency, Approximately $5,000.00 in U.S. Currency, Approximately $4,600.00 in U.S. Currency 24 and Approximately $3,700.00 in U.S. Currency (hereafter collectively “defendant currency”). The 25 defendant currency was seized on September 12, 2016. 26 2. A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on February 23, 27 2017, alleging that said defendant currency was subject to forfeiture to the United States pursuant to 21 28 U.S.C. § 881(a)(6). 29 30 1 Final Judgment of Forfeiture 1 3. Beginning on April 4, 2017, for at least 30 consecutive days, the United States published 2 Notice of the Forfeiture Action on the official internet government forfeiture site www.forfeiture.gov. 3 A Declaration of Publication was filed on May 10, 2017. 4 4. In addition to the public notice on the official internet government forfeiture site 5 www.forfeiture.gov, actual notice or attempted notice was given to the following individuals: 6 a. b. c. d. e. f. 7 8 Estate of Jason Derek Alexander in c/o Sydona Anderson Fernandez; Al Shoman; Andrea Jackson; Pablo Corchado; Gary Arthur; Kristina Panisse. 9 10 5. Claimant Sydona Anderson Fernandez on Behalf of Estate of Jason Derek Anderson 11 filed a claim alleging an interest in the defendant currency on March 28, 2017. No other parties have 12 filed claims or answers in this matter, and the time in which any person or entity may file a claim and 13 answer has expired. 14 6. The Clerk of the Court entered a Clerk's Certificate of Entry of Default against Al 15 Shoman, Kristina Panisse, Andrea Jackson, Pablo Corchado and Gary Arthur on April 7, 2017. 16 Pursuant to Local Rule 540, the United States and Sydona Anderson Fernandez on Behalf of Estate of 17 Jason Derek Anderson thus join in a request that as part of the Final Judgment of Forfeiture in this case 18 the Court enter a default judgment against the interest, if any, of Al Shoman, Kristina Panisse, Andrea 19 Jackson, Pablo Corchado and Gary Arthur without further notice. 20 Based on the above findings, and the files and records of the Court, it is hereby ORDERED 21 AND ADJUDGED: 22 1. The Court adopts the Stipulation for Final Judgment of Forfeiture entered into by and 23 between the parties to this action. 24 2. Judgment is hereby entered against claimant Sydona Anderson Fernandez on Behalf of 25 Estate of Jason Derek Anderson and all other potential claimants who have not filed claims in this 26 action. 27 3. Upon entry of this Final Judgment of Forfeiture, all right, title, and interest of Sydona 28 Anderson Fernandez on Behalf of Estate of Jason Derek Anderson in the Approximately $5,000.00 in 2 Final Judgment of Forfeiture 29 30 1 U.S. Currency, Approximately $5,000.00 in U.S. Currency and $1,100.00 of the Approximately 2 $4,600.00 in U.S. Currency, together with any interest that may have accrued on the total amount 3 seized, shall be forfeited to the United States pursuant to 21 U.S.C. § 881(a)(6), to be disposed of 4 according to law. 5 4. Upon entry of a Final Judgment of Forfeiture herein, but no later than 60 days thereafter, 6 $3,500 of the Approximately $4,600.00 in U.S. Currency and $3,700.00 of the Approximately 7 $3,700.00 in U.S. Currency, shall be returned to claimant Sydona Anderson Fernandez on Behalf of 8 Estate of Jason Derek Anderson through her attorney Carolyn Hagin. 9 5. The United States and its servants, agents, and employees and all other public entities, 10 their servants, agents, and employees, are released from any and all liability arising out of or in any way 11 connected with the seizure, arrest, or forfeiture of the defendant currency. 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. The parties waived the provisions of 14 California Civil Code § 1542. 15 6. Claimant waived any and all claim or right to interest that may have accrued on the 16 defendant currency. 17 7. All parties are to bear their own costs and attorneys' fees. 18 8. The U.S. District Court for the Eastern District of California, Hon. William B. Shubb, 19 District Judge, shall retain jurisdiction to enforce the terms of this Final Judgment of Forfeiture. 20 9. Based upon the allegations set forth in the Complaint filed November 4, 2015, and the 21 Stipulation for Final Judgment of Forfeiture filed herein, the Court enters this Certificate of Reasonable 22 Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for the seizure and arrest of the 23 defendant currency, and for the commencement and prosecution of this forfeiture action. 24 25 SO ORDERED. Dated: June 23, 2017 26 27 28 29 30 3 Final Judgment of Forfeiture
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