United States of America v. 2006 Toyota Tacoma Pickup Truck, VIN: 5TEUU42N36Z218237, No. 2:2009cv03021 - Document 14 (E.D. Cal. 2010)
Court Description: FINAL JUDGMENT OF FORFEITURE signed by Judge William B. Shubb on 4/6/10. CASE CLOSED. (Owen, K)
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United States of America v. 2006 Toyota Tacoma Pickup Truck, VIN: 5TEUU42N36Z218237 1 2 3 4 5 Doc. 14 BENJAMIN B. WAGNER United States Attorney SARALYN M. ANG-OLSON, SBN 197404 Special Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916) 554-2700 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 UNITED STATES OF AMERICA, 12 13 14 15 ) ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff, v. 2006 TOYOTA TACOMA PICKUP TRUCK, VIN: 5TEUU42N36Z218237, CALIFORNIA LICENSE NUMBER: 8J56630, 16 Defendant. 17 18 19 20 2:09-CV-03021-WBS-JFM FINAL JUDGMENT OF FORFEITURE Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds as follows: 1. This is a civil forfeiture action against a 2006 21 Toyota Tacoma Pickup Truck, VIN: 5TEUU42N36Z218237, California 22 License Number 8J56630 (“defendant vehicle”). 23 2. A Verified Complaint for Forfeiture In Rem was filed on 24 October 29, 2009 (“Verified Complaint”), seeking the forfeiture 25 of the defendant vehicle, alleging that said property is subject 26 to forfeiture to the United States of America pursuant to 21 27 U.S.C. § 881(a)(4). 28 3. On or about November 3, 2009, the Court issued a Warrant 1 Final Judgment of Forfeiture Dockets.Justia.com 1 for Arrest of Articles In Rem for the defendant vehicle, and that 2 warrant was duly executed on November 18, 2009. 3 4. Beginning on November 10, 2009, for at least 30 4 consecutive days, the United States published Notice of the 5 Forfeiture Action on the official internet government forfeiture 6 site www.forfeiture.gov. 7 on December 10, 2009. 8 5. A Declaration of Publication was filed In addition to the public notice on the official 9 internet government forfeiture site www.forfeiture.gov, actual 10 notice or attempted notice was given to the following entities 11 and individuals: 12 a. David Michael Bricknell 13 b. Stephen A. Munkelt (attorney). 14 6. On November 12, 2009, David Bricknell filed a verified 15 Claim Opposing Forfeiture alleging that he is the owner of the 16 defendant vehicle. 17 Answer to the Verified Complaint. 18 Bricknell filed a Withdrawal of Claim; Consent for Dismissal, 19 thereby extinguishing his interest in the defendant vehicle. 20 7. On December 3, 2009, David Bricknell filed an On March 22, 2010, David Apart from claimant Bricknell, no other party has filed 21 a claim or answer in this matter, and the time for which any 22 person or entity may file a claim and answer has expired. 23 24 25 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 26 Forfeiture entered into by and between the parties to this 27 action. 28 2. That judgment is hereby entered against claimant David 2 Final Judgment of Forfeiture 1 Bricknell and all other potential claimants who have not filed 2 claims in this action. 3 3. All right, title and interest of David Bricknell in the 4 defendant vehicle shall be forfeited to the United States 5 pursuant to 21 U.S.C. § 881(a)(4), to be disposed of according to 6 law. 7 4. That plaintiff United States of America and its 8 servants, agents, and employees and all other public entities, 9 their servants, agents, and employees, are released from any and 10 all liability arising out of or in any way connected with the 11 arrest, seizure, or forfeiture of the defendant vehicle. 12 a full and final release applying to all unknown and 13 unanticipated injuries, and/or damages arising out of said 14 arrest, seizure, or forfeiture, as well as to those now known or 15 disclosed. 16 Code § 1542. 17 5. All parties are to bear their own costs and attorneys' 6. The Court shall maintain jurisdiction to enforce the 18 19 20 21 This is The parties waive the provisions of California Civil fees. terms of the Final Judgment of Forfeiture. SO ORDERED THIS 6th day of April, 2010. 22 23 24 25 26 27 28 3 Final Judgment of Forfeiture
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