-DAD United States of America v. 2006 Haulmark Featherlite Transport DLX Trailer, VIN: 16HGB18236U046824 et al, No. 2:2009cv02926 - Document 33 (E.D. Cal. 2011)

Court Description: FINAL JUDGMENT OF FORFEITURE and CERTIFICATE OF REASONABLE CAUSE as detailed in this order by District Judge Kimberly J. Mueller on 4/20/11. CASE CLOSED.(Carlos, K)
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-DAD United States of America v. 2006 Haulmark Featherlite Transport DL...: 16HGB18236U046824 et al Doc. 33 1 BENJAMIN B. WAGNER United States Attorney 2 DAVID T. SHELLEDY Assistant U.S. Attorney 3 501 I Street, Suite 10-100 Sacramento, CA 95814 4 Telephone: (916) 554-2799 5 Attorneys for the United States 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 2:09-CV-02926-KJM-DAD 12 FINAL JUDGMENT OF FORFEITURE 13 14 15 16 17 18 19 20 21 22 ) ) Plaintiff, ) ) v. ) ) 2005 HAULMARK FEATHERLITE ) TRANSPORT DLX TRAILER, ) VIN: 16HGB18226U049374, CALIFORNIA ) LICENSE NO: 4GU3271, ) ) 2006 HAULMARK FEATHERLITE ) TRANSPORT DLX TRAILER, ) VIN: 16HGB18206U049373, CALIFORNIA ) LICENSE NO: 4GU3031, and ) ) 2004 TOYOTA TACOMA SR5 TRUCK, ) VIN: 5TEWN72N04Z464442, CALIFORNIA ) LICENSE NO: 7P49605, ) ) Defendants. ) ) 23 Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds: 24 1. This is a civil forfeiture action against the above-captioned assets (hereafter 25 “defendant properties”) seized on or about May 4, 2009. 26 2. A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on 27 October 21, 2009, alleging that said defendant properties are subject to forfeiture to the 28 1 Final Judgment of Forfeiture Dockets.Justia.com 1 1 United States of America pursuant to 21 U.S.C. § 881(a)(4). An Amended Verified 2 Complaint for Forfeiture In Rem, (“Amended Complaint”) was filed on November 29, 3 2010, alleging that said defendant properties are subject to forfeiture to the United 4 States of America pursuant to 21 U.S.C. § 881(a)(4). 5 3. On or about October 21, 2009, the Clerk issued a Warrant for Arrest for the 6 defendant properties. The warrant for the 2006 Haulmark Featherlite Transport DLX 7 Trailer, VIN: 16HGB18206U049373, California License No: 4GU3031 and the 2004 8 Toyota Tacoma SR5 Truck, VIN: 5TEWN72N04Z464442, California License No: 9 7P49605 was duly executed on November 18, 2009. On or about November 30, 2010, 10 the Clerk issued an Amended Warrant for Arrest for the defendant properties. The 11 warrant for the 2005 Haulmark Featherlite Transport DLX Trailer, VIN: 12 16HGB18226U049374, California License No: 4GU3271 was duly executed on 13 December 17, 2010. 14 4. Beginning on October 29, 2009, for at least 30 consecutive days, the United 15 States published Notice of the Forfeiture Action on the official internet government 16 forfeiture site www.forfeiture.gov. A Declaration for Publication was filed on 17 December 3, 2009. Beginning on December 2, 2010, for at least 30 consecutive days, 18 the United States again published Notice of the Forfeiture Action on the official 19 internet government forfeiture site www.forfeiture.gov. A Declaration for Publication 20 was filed on January 20, 2011. 21 5. In addition to the public notice on the official internet government forfeiture 22 site www.forfeiture.gov, actual notice or attempted notice was given to the following 23 individuals: 24 a. Robert Thompson 25 b. Jacqueline Thompson 26 c. Chris Depesa 27 1 The Amended Complaint was filed solely to correct identifying information for 28 the first defendant listed in the caption above. 2 Final Judgment of Forfeiture 1 6. Claimants Robert Thompson and Jacqueline Thompson filed Claims to the 2 defendant properties on November 16, 2009, and an Answer to Verified Complaint on 3 December 2, 2009. No other parties have filed claims or answers in this matter, and 4 the time in which any person or entity may file a claim and answer has expired. 5 7. The Clerk of the Court entered a Clerk's Certificate of Entry of Default 6 against Chris Depesa on March 8, 2011. Pursuant to Local Rule 540, the United States 7 requests that as part of this Final Judgment of Forfeiture the Court enter a default 8 judgment against the interest, if any, of Chris Depesa without further notice. 9 Based on the above findings, and the files and records of the Court, it is hereby 10 ORDERED AND ADJUDGED: 11 1. The Court adopts the Stipulation for Final Judgment of Forfeiture entered 12 into by and between the parties to this action. 13 2. That judgment is hereby entered against claimants Robert Thompson and 14 Jacqueline Thompson and all other potential claimants who have not filed claims in 15 this action. 16 3. Upon entry of this Final Judgment of Forfeiture, the following defendant 17 properties shall be forfeited to the United States pursuant to 21 U.S.C. § 881(a)(4), to 18 be disposed of according to law: 19 20 21 22 a. 2005 Haulmark Featherlite Transport DLX Trailer, VIN: 16HGB18226U049374, California, License No: 4GU3271, and b. 2006 Haulmark Featherlite Transport DLX Trailer, VIN: 16HGB18206U049373, California License No: 4GU3031. 4. Upon entry of this Final Judgment of Forfeiture, but no later than 60 days 23 thereafter, the 2004 Toyota Tacoma SR5 Truck, VIN: 5TEWN72N04Z464442, 24 California License No: 7P49605 shall be returned to claimant Jacqueline Thompson 25 through her attorney Stephen A. Munkelt. 26 5. That the United States and its servants, agents, and employees and all other 27 public entities, their servants, agents, and employees, are released from any and all 28 liability arising out of or in any way connected with the seizure, arrest, or forfeiture of 3 Final Judgment of Forfeiture 1 the defendant properties. This is a full and final release applying to all unknown and 2 unanticipated injuries, and/or damages arising out of said seizure, arrest, or forfeiture, 3 as well as to those now known or disclosed. The parties waived the provisions of 4 California Civil Code § 1542. 5 6. That pursuant to the stipulation of the parties, and the allegations set forth 6 in the Amended Complaint filed on or about November 29, 2010, the Court finds that 7 there was reasonable cause for the seizure and arrest of the defendant properties, and 8 for the commencement and prosecution of this forfeiture action, and a Certificate of 9 Reasonable Cause pursuant to 28 U.S.C. § 2465 shall be entered accordingly. 10 7. All parties are to bear their own costs and attorneys' fees. 11 8. The U.S. District Court for the Eastern District of California, Hon. Kimberly 12 J. Mueller, District Judge, shall retain jurisdiction to enforce the terms of this Final 13 Judgment of Forfeiture. 14 SO ORDERED THIS 20th day of April 2011. 15 16 UNITED STATES DISTRICT JUDGE 17 18 19 CERTIFICATE OF REASONABLE CAUSE Based upon the allegations set forth in the Amended Complaint filed November 20 29, 2010, and the Stipulation for Final Judgment of Forfeiture filed herein, the Court 21 enters this Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there 22 was reasonable cause for the seizure or arrest of the defendant properties, and for the 23 commencement and prosecution of this forfeiture action. 24 DATED: April 20, 2011. 25 26 UNITED STATES DISTRICT JUDGE 27 28 4 Final Judgment of Forfeiture