United States of America v. Approximately 2 pieces of Assorted Marijuana Equipment valued at $640.00 et al, No. 1:2011cv01513 - Document 44 (E.D. Cal. 2013)
Court Description: FINAL JUDGMENT OF FORFEITURE, signed by District Judge Lawrence J. O'Neill on 11/4/2013. (Fahrney, E)
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1 5 BENJAMIN B. WAGNER United States Attorney HEATHER MARDEL JONES Assistant United States Attorney United States Courthouse 2500 Tulare Street, Suite 4401 Fresno, California 93721 Telephone: (559) 497-4000 Facsimile: (559) 497-4099 6 Attorneys for the United States 2 3 4 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 UNITED STATES OF AMERICA, ) 1:11-CV-01513-LJO-JLT ) Plaintiff, ) FINAL JUDGMENT OF ) FORFEITURE v. ) ) APPROXIMATELY $11,075.91 IN U.S. ) ) CURRENCY, ) ) APPROXIMATELY 2 PIECES OF ) ASSORTED MARIJUANA EQUIPMENT ) ) VALUED AT $640.00 ) ) APPROXIMATELY 50 PIECES ) ASSORTED MARIJUANA EQUIPMENT ) VALUED AT $16,750.00 ) ) ) APPROXIMATELY 5 PIECES OF ) ASSORTED MARIJUANA EQUIPMENT ) VALUED AT $1,630.00 ) ) ) APPROXIMATELY 62 PIECES ASSORTED MARIJUANA EQUIPMENT ) ) VALUED AT $21,370.00 ) ) ) APPROXIMATELY 32 PIECES ASSORTED MARIJUANA EQUIPMENT ) ) VALUED AT $10,630.00, and ) ) 2007 CHEVROLET SILVERADO ) ) 1500 PICKUP TRUCK, Final Judgment of Forfeiture 1 1 LICENSE NUMBER 8G03403, VIN:1GCEC19V77Z110924, 2 Defendants. 3 ) ) ) ) ) ) 4 Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds: 5 1. This is a civil action against the approximately $11,075.91 in U.S. Currency 6 hereafter (“defendant currency”), seized on March 18, 2012; the 2 Pieces of Assorted 7 Marijuana Equipment valued at $640.00 seized from 2414 Alturas Street in Bakersfield, 8 California; the 50 Pieces of Assorted Marijuana Equipment valued at $16,750.00, seized 9 from 120 Lake Street in Bakersfield, California; the 5 Pieces of Assorted Marijuana 10 Equipment valued at $1,630.00 seized from 4100 Easton Drive, Suite 1, in Bakersfield, 11 California; the 62 Pieces Assorted Marijuana Equipment valued at $21,370.00 and the 32 12 Pieces of Assorted Marijuana Equipment valued at $10,630.00, seized from 4700 Easton 13 Drive, Suites 26, 27, 29, 31, 38, 40, 41, and 42, in Bakersfield, California (collectively 14 “defendant equipment”); and the defendant vehicle seized from the intersection of Marella 15 Way and California Avenue in Bakersfield, California (hereafter “defendant vehicle” and 16 collectively “defendant assets”). 2. 17 A Verified Complaint for Forfeiture In Rem ("Complaint") was filed on 18 September 6, 2011, alleging that said defendant assets were subject to forfeiture to the 19 United States of America pursuant to 21 U.S.C. §§ 881(a)(2), 881(a)(4) and 881 (a)(6). 3. 20 21 On September 21, 2011, the Clerk issued a Warrant for Arrest for the defendant assets, which was duly executed on October 28, 2011. 4. 22 Beginning on October 12, 2011, for at least 30 consecutive days, the United 23 States published notice of this action on the official government forfeiture site 24 www.forfeiture.gov. A Declaration of Publication was filed with the Court on November 14, 25 2011. 26 5. In addition to the public notice on the official internet government forfeiture 27 site www.forfeiture.gov , direct notice or attempted direct notice was given to the following 28 individuals: 29 30 Final Judgment of Forfeiture 2 1 a. Sharon Moats 2 b. Ronald Moats 3 c. Nedelijko Strizak 4 d. American Green Farmer’s Association 5 e. Kevin Moats 6 f. Jennifer Oglesby 7 6. On November 7, 2011, Sharon Moats and Ronald Moats filed a Verified Claim, 8 solely with respect to the defendant currency. On November 9, 2011, Sharon Moats and 9 Ronald Moats filed their Answer to the Verified Complaint for Forfeiture In Rem. 10 11 12 7. To date, no other parties have filed claims or answers in this matter, and the time in which any person or entity may file a claim and answer has expired. 8. The Clerk of the Court entered a Clerk’s Certificate of Entry of Default against 13 Kevin Moats and Jennifer Oglesby on January 11, 2012, and against American Green 14 Farmer’s Association and Nedelijko Strizak on January 12, 2013. Pursuant to Local Rule 15 540, the United States and Claimant Sharon Moats, individually and on behalf of the 16 Estate of Ronald Moats thus join in a request that as part of the Final Judgment of 17 Forfeiture in this case the Court enter final default judgment against the interests, if any, 18 of Kevin Moats, Jennifer Oglesby, American Green Farmer’s Association, and Nedelijko 19 Strizak as to the defendant assets. 20 21 22 23 24 25 26 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 Forfeiture entered into by and between the parties to this action. 2. That judgment is hereby entered against Nedelijko Strizak, American Green Farmer’s Association, Kevin Moats, Jennifer Oglesby, and all other potential claimants. 3. Upon entry of a Final Judgment of Forfeiture herein, the defendant equipment 27 and defendant vehicle, shall be forfeited to the United States pursuant to 21 U.S.C. §§ 28 881(a)(2) and 881(a)(4), to be disposed of according to law. 29 30 Final Judgment of Forfeiture 3 4. 1 Upon entry of the Final Judgment of Forfeiture herein, and no later than 60 2 days thereafter, the defendant currency amounting to $11,075.91 in U.S. Currency, 3 together with any interest which may have accrued on the full amount of the defendant 4 currency, shall be returned to Claimant via counsel of record, Mr. Philip Ganong, 924 5 Truxtun Avenue, Bakersfield, California 93301, (661)327-3337 tel. 5. 6 That the United States of America and its servants, agents, and employees 7 and all other public entities, their servants, agents, and employees, are released from any 8 and all liability arising out of or in any way connected with the seizure, arrest, or forfeiture 9 of the defendant currency and defendant vehicle. This is a full and final release applying to 10 all unknown and unanticipated injuries, and/or damages arising out of said seizure, arrest, 11 or forfeiture, as well as to those now known or disclosed. The parties to this agreement 12 agree to waive the provisions of California Civil Code § 1542. 6. 13 That pursuant to the stipulation of the parties, and the allegations set forth in 14 the Complaint filed on September 6, 2011, the Court finds that no party substantially 15 prevailed within the meaning of 28 U.S.C. § 2465, that there was probable cause for arrest 16 and seizure of the defendant currency, defendant equipment, and defendant vehicle, and for 17 the commencement and prosecution of this forfeiture action, and a Certificate of Reasonable 18 Cause pursuant to 28 U.S.C. § 2465 shall be entered accordingly. 19 7. All parties are to bear their own costs and attorney’s fees. 20 8. The U.S. District Court for the Eastern District of California shall retain 21 jurisdiction to enforce the terms of this Final Judgment of Forfeiture. SO ORDERED THIS on NOVEMBER 4, 2013. 22 23 24 25 /// 26 /// 27 /// 28 /S/ LAWRENCE J. O"NEILL LAWRENCE J. O’NEILL United States District Judge /// 29 30 Final Judgment of Forfeiture 4 CERTIFICATE OF REASONABLE CAUSE 1 2 3 4 5 6 Based upon the allegations set forth in the Complaint filed September 6, 2011, and the Stipulation for Final Judgment of Forfeiture filed herein, the Court enters this Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for the seizure or arrest of the defendant currency, defendant equipment, and defendant vehicle, and for the commencement and prosecution of this forfeiture action. This Court DIRECTS the clerk to close this action. 7 8 9 10 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill November 4, 2013 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Final Judgment of Forfeiture 5
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