United States v. 1968 Chevrolet Camaro Super Sport, License: 400WTZ, VIN: 123678N381592, No. 1:2011cv01876 - Document 42 (E.D. Cal. 2013)
Court Description: FINAL JUDGMENT of FORFEITURE, signed by District Judge Anthony W. Ishii on 12/4/13. (Gonzalez, R)
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1 2 3 4 5 6 BENJAMIN B. WAGNER United States Attorney JEFFREY A. SPIVAK HEATHER MARDEL JONES Assistant United States Attorneys United States Courthouse 2500 Tulare Street, Suite 4401 Fresno, California 93721 Telephone: (559) 497-4000 Facsimile: (559) 497-4099 Attorneys for the United States 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, Plaintiff, 12 13 14 15 v. 1968 CHEVROLET CAMARO SUPER SPORT, LICENSE: 400WTZ, VIN: 123678N381592, Defendant. 16 17 ) 1:11-CV-01876-AWI-SKO ) ) FINAL JUDGMENT OF FORFEITURE ) ) ) ) ) ) ) ) ) ) 18 Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds: 19 1. This is a civil forfeiture action against the defendant 1968 Chevrolet Camaro 20 Super Sport, License: 400WTZ, VIN: 123678N381592 (hereafter “defendant vehicle”) seized 21 on or about June 28, 2011. 22 2. A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on 23 November 10, 2011, alleging that said defendant vehicle is subject to forfeiture to the 24 United States of America pursuant to 21 U.S.C. § 881(a)(6). 25 3. On November 17, 2011, the Clerk issued a Warrant for Arrest for the 26 defendant vehicle. The warrant for the defendant vehicles was duly executed on December 27 9, 2011. 28 4. Beginning on November 22, 2011, for at least 30 consecutive days, the United 29 1 Final Judgment of Forfeiture 1 States published notice of this action on the official government forfeiture site 2 www.forfeiture.gov. 3 5. In addition to the public notice on the official internet government forfeiture 4 site www.forfeiture.gov, actual notice or attempted notice was given to the following 5 individuals: 6 a. Veronica Leon Abreo aka Veronica Leon 7 b. Ivan Leon Abreo 8 c. Robert L. Forkner, attorney 9 6. On December 5, 2011, Veronica Leon Abreo filed her claim to the defendant 10 vehicle and answer to the complaint. To date, no other parties have filed claims or answers 11 in this matter, and the time in which any person or entity may file a claim and answer has 12 expired. 13 7. The Clerk of the Court entered a Clerk’s Certificate of Entry of Default against 14 Ivan Leon Abreo on December 30, 2011. Pursuant to Local Rule 540, the United States and 15 Claimant Veronica Leon Abreo thus join in a request that as part of this Final Judgment of 16 Forfeiture in this case the Court enter a default judgment against the interest, if any, of 17 Ivan Leon Abreo. 18 19 20 21 22 23 24 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 Veronica Leon Abreo, Ivan Leon Abreo, and all other potential claimants. 3. Upon entry of a Final Judgment of Forfeiture herein, the defendant 1968 25 Chevrolet Camaro Super Sport, License: 400WTZ, VIN: 123678N381592, shall be forfeited 26 to the United States pursuant to 21 U.S.C. § 881(a)(6), to be disposed of according to law. 27 28 4. That the United States of America and its servants, agents, and employees and all other public entities, their servants, agents, and employees, are released from any 29 2 Final Judgment of Forfeiture 1 and all liability arising out of or in any way connected with the seizure, arrest, or forfeiture 2 of the defendant vehicle. This is a full and final release applying to all unknown and 3 unanticipated injuries, and/or damages arising out of said seizure, arrest, or forfeiture, as 4 well as to those now known or disclosed. Claimant agrees to waive the provisions of 5 California Civil Code § 1542. 6 5. That pursuant to the stipulation of the parties, and the allegations set forth in 7 the Complaint filed on November 10, 2011, the Court finds that there was probable cause 8 for the arrest and seizure of the defendant vehicle, and for the commencement and 9 prosecution of this forfeiture action, and a Certificate of Reasonable Cause pursuant to 28 10 U.S.C. § 2465 shall be entered accordingly. 11 6. All parties shall bear their own costs and attorney’s fees. 12 7. The U.S. District Court for the Eastern District of California shall retain 13 jurisdiction to enforce the terms of the Stipulation for Final Judgment of Forfeiture and 14 Final Judgment of Forfeiture. 15 16 17 18 CERTIFICATE OF REASONABLE CAUSE 19 20 Based upon the allegations set forth in the Complaint filed November 10, 2011, and 21 the Stipulation for Final Judgment of Forfeiture filed herein, the Court enters this 22 Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable 23 cause for the seizure or arrest of the defendant vehicle, and for the commencement and 24 prosecution of this forfeiture action. 25 26 IT IS SO ORDERED. 27 Dated: December 4, 2013 28 SENIOR DISTRICT JUDGE 29 3 Final Judgment of Forfeiture
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