United States of America v. Real Property Located At 5205 Bear Creek Road, Garden Valley, California et al, No. 2:2008cv01113 - Document 40 (E.D. Cal. 2010)

Court Description: FINAL JUDGMENT OF FORFEITURE signed by Judge Garland E. Burrell, Jr on 11/18/10. CERTIFICATE OF REASONABLE CAUSE Based upon the allegations set forth in the Complaint filed May 21, 2008, and the Stipulation for Final Judgment of Forfeiture filed here in, 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, for the posting of the real property with the Complaint and related documents, and for the commencement and prosecution of this forfeiture action. (Becknal, R)
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United States of America v. Real Property Located At 5205 Bear Creek Road...Valley, California et al 1 2 3 4 5 Doc. 40 BENJAMIN B. WAGNER United States Attorney KRISTIN S. DOOR, SBN 84307 Assistant United States Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916)554-2723 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 12 13 14 15 16 17 18 19 UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) REAL PROPERTY LOCATED AT 5205 ) BEAR CREEK ROAD, GARDEN VALLEY,) CALIFORNIA, EL DORADO COUNTY, ) APN: 062-420-40, INCLUDING ) ALL APPURTENANCES AND ) IMPROVEMENTS THERETO, and ) ) APPROXIMATELY $37,750.00 IN ) U.S. CURRENCY, ) ) Defendants. ) ) 2:08-CV-01113-GEB-DAD FINAL JUDGMENT OF FORFEITURE 20 21 22 23 Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds: 1. This is a civil forfeiture action against real property 24 located at 5205 Bear Creek Road, Garden Valley, California, El 25 Dorado County, APN: 062-420-40 (hereafter "defendant real 26 property"), and Approximately $37,750.00 in U.S. Currency 27 (hereafter "defendant currency"). 28 2. A Verified Complaint for Forfeiture In Rem ("Complaint") 1 Final Judgment of Forfeiture Dockets.Justia.com 1 was filed on May 21, 2008, alleging that said defendant real 2 property is subject to forfeiture to the United States of America 3 pursuant to 21 U.S.C. §§ 881(a)(6)and 881(a)(7), and said 4 defendant currency is subject to forfeiture to the United States 5 of America pursuant to 21 U.S.C. § 881(a)(6). 6 3. On or about May 22, 2008, the Clerk issued a Warrant 7 for Arrest for the defendant currency, and that warrant was duly 8 executed on May 26, 2008. 9 defendant real property was posted with a copy of the Complaint 10 11 On or about May 30, 2008, the and Notice of Complaint. 4. On or about June 11, 18, 25, and July 2, 2008, a Notice 12 of Posting, Arrest, and Seizure of the defendant real property 13 and the defendant currency appeared by publication in the 14 Mountain Democrat, a newspaper of general circulation in the 15 county in which the defendant real property is located and where 16 the defendant currency was seized (El Dorado County). 17 of Publication was filed with the Court on August 21, 2008. 18 5. The Proof In addition to the Notice of Posting, Arrest, and 19 Seizure having been completed, the United States gave or 20 attempted to give actual notice to the following individuals and 21 entities: 22 a. Rollie William Trout 23 b. Scharlynn Trout 24 c. Washington Mutual Bank 25 6. The Trouts each filed a Verified Statement of Interest 26 on June 19, 2008. The Trouts filed an Answer to Complaint for 27 Forfeiture In Rem on September 5, 2008. 28 filed a Verified Claim on June 26, 2008. 2 Washington Mutual Bank Washington Mutual Bank Final Judgment of Forfeiture 1 filed an Answer to Verified Complaint for Forfeiture In Rem on 2 July 15, 2008. 3 7. No other parties have filed claims or answers in this 4 matter and the time for which any person or entity may file a 5 claim and answer has expired. 6 7 8 9 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 10 action. 11 2. That judgment is hereby entered against claimants Rollie 12 William Trout and Scharlynn Trout and all other potential 13 claimants who have not filed claims in this action. 14 3. Upon entry of this Final Judgment of Forfeiture, 15 $35,970.00 of the $37,750.00 in U.S. Currency, together with any 16 interest that may have accrued on that amount, shall be forfeited 17 to the United States pursuant to 21 U.S.C. § 881(a)(6), to be 18 disposed of according to law. 19 4. Upon entry of this Final Judgment of Forfeiture, but no 20 later than 30 days thereafter, $1,780.00 of the $37,750.00 in 21 U.S. Currency, together with any interest that may have accrued 22 on that amount, shall be returned to claimants Rollie William 23 Trout and Scharlynn Trout. 24 the $1,780.00 in U.S. Currency plus any accrued interest, they 25 will pay $1,780.00 to the El Dorado County Superior Court to pay 26 court costs assessed against them in connection with People v. 27 Rollie William Trout and Sharlynn Trout, El Dorado County No. 28 P08CRF0018. The Trouts agree that upon receipt of Within 10 days of receipt of payment from the United 3 Final Judgment of Forfeiture 1 States, the Trouts will provide the United States with proof of 2 payment to the El Dorado County Superior Court. 3 5. Within thirty (30) days of entry of this Final Judgment 4 of Forfeiture, the United States shall record a withdrawal of lis 5 pendens against the defendant real property. 6 and filing of the Stipulation herein, and the recording of the 7 withdrawal of lis pendens, the United States represents that it 8 is no longer asserting any right, interest, or claim in or to the 9 defendant real property. 10 6. Upon the execution That plaintiff United States of America and its 11 servants, agents, and employees and all other public entities, 12 their servants, agents, and employees, are released from any and 13 all liability arising out of or in any way connected with the 14 posting of the defendant real property, and the seizure, arrest, 15 or forfeiture of the defendant currency. 16 final release applying to all unknown and unanticipated injuries, 17 and/or damages arising out of said posting, seizure, arrest, or 18 forfeiture, as well as to those now known or disclosed. 19 parties waived the provisions of California Civil Code § 1542. 20 7. This is a full and The That pursuant to the stipulation of the parties, and the 21 allegations set forth in the Complaint filed on or about May 21, 22 2008, the Court finds that there was reasonable cause for the 23 seizure and arrest of the defendant currency, for the posting of 24 the real property with the Complaint and related documents, and 25 for the commencement and prosecution of this forfeiture action, 26 and a Certificate of Reasonable Cause pursuant to 28 U.S.C. § 27 2465 shall be entered accordingly. 28 8. All parties are to bear their own costs and attorneys' 4 Final Judgment of Forfeiture 1 fees. 2 intended to prevent claimants and/or their counsel from seeking 3 attorney fees pursuant to 18 U.S.C. § 983(b)(2). 4 9. However, nothing in the Stipulation filed herein is The Court shall maintain jurisdiction to enforce the 5 terms of this Final Judgment of Forfeiture. 6 Dated: November 18, 2010 7 8 GARLAND E. BURRELL, JR. United States District Judge 9 10 15 CERTIFICATE OF REASONABLE CAUSE Based upon the allegations set forth in the Complaint filed May 21, 2008, 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, for the posting of the real property with the Complaint and related documents, and for the commencement and prosecution of this forfeiture action. 16 Dated: 11 12 13 14 November 18, 2010 17 18 19 GARLAND E. BURRELL, JR. United States District Judge 20 21 22 23 24 25 26 27 28 5 Final Judgment of Forfeiture