-GGH USA v. Approximately $15,000.00 in U.S. Currency, No. 2:2010cv02456 - Document 20 (E.D. Cal. 2011)

Court Description: FINAL JUDGMENT OF FORFEITURE, signed by District Judge Kimberly J. Mueller on 4/19/11. (Kastilahn, A)
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-GGH USA v. Approximately $15,000.00 in U.S. Currency 1 2 3 4 5 Doc. 20 BENJAMIN B. WAGNER United States Attorney LYNN TRINKA ERNCE Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916) 554-2720 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. ) ) APPROXIMATELY $15,000.00 IN ) U.S. CURRENCY, ) ) Defendant. ) ________________________________) 2:10-CV-2456 KJM GGH FINAL JUDGMENT OF FORFEITURE Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds: 1. This is a civil forfeiture action against Approximately 20 $15,000 in U.S. Currency (hereafter “defendant currency”) seized on 21 or about November 13, 2009. 22 2. The United States filed a Verified Complaint for 23 Forfeiture In Rem (“Complaint”) on September 13, 2010, alleging 24 that the defendant currency is subject to forfeiture to the United 25 States of America pursuant to 21 U.S.C. § 881(a)(6). 26 3. On or about September 14, 2010, the Clerk issued a Warrant 27 for Arrest for the defendant currency, and that warrant was duly 28 executed on September 16, 2010. 1 Final Judgment of Forfeiture Dockets.Justia.com 1 4. Beginning on September 18, 2010, for at least 30 2 consecutive days, the United States published Notice of the 3 Forfeiture Action on the official internet government forfeiture 4 site www.forfeiture.gov. 5 on October 22, 2010. 6 5. A Declaration for Publication was filed In addition to the public notice on the official internet 7 government forfeiture site www.forfeiture.gov, actual notice or 8 attempted notice was given to the following individuals: 9 a. Pete O’Dell 10 b. Shelley Couch O’Dell 11 c. Christopher Minor 12 d. Stephen Barney 13 6. Claimants Pete O’Dell and Shelley Couch O’Dell filed a 14 verified claim to the defendant currency and an answer to the 15 Complaint on October 20, 2010 and filed an amended answer to the 16 Complaint on November 9, 2010. 17 or answers in this matter, and the time for filing such claims and 18 answers has expired. 19 7. No other parties have filed claims The Clerk of the Court entered a Clerk's Certificate of 20 Entry of Default against Christopher Minor and Stephen Barney on 21 February 15, 2011. 22 and claimants thus join in a request that as part of this Final 23 Judgment of Forfeiture the Court enter a default judgment against 24 the interests, if any, of Christopher Minor and Stephen Barney 25 without further notice. 26 /// 27 /// 28 /// Pursuant to Local Rule 540, the United States 2 Final Judgment of Forfeiture 1 2 Based on the above findings, and the files and records of the Court, it is hereby ORDERED AND ADJUDGED: 3 4 1. The Court adopts the Stipulation for Final Judgment of Forfeiture entered into by and between the parties to this action. 5 2. That judgment is hereby entered against claimants Pete 6 O’Dell and Shelley Couch O’Dell and all other potential claimants 7 who have not filed claims in this action. 8 9 3. Upon entry of this Final Judgment of Forfeiture, $10,000 of the defendant currency, together with any interest that may have 10 accrued on the $10,000, shall be forfeited to the United States 11 pursuant to 21 U.S.C. § 881(a)(6) to be disposed of according 12 to law. 13 4. Upon entry of this Final Judgment of Forfeiture, but no 14 later than 60 days thereafter, $5,000 of the defendant currency, 15 together with any interest that may have accrued on the $5,000, 16 shall be returned to claimants Pete O’Dell and Shelley Couch O’Dell 17 through their attorney Jennifer M. Granger via her client trust 18 account. 19 5. That the United States and its servants, agents, and 20 employees and all other public entities, their servants, agents, 21 and employees, are released from any and all liability arising out 22 of or in any way connected with the seizure, arrest, or forfeiture 23 of the defendant currency. 24 applying to all unknown and unanticipated injuries, and/or damages 25 arising out of said seizure, arrest, or forfeiture, as well as to 26 those now known or disclosed. 27 California Civil Code § 1542. 28 /// This is a full and final release The parties waived the provisions of 3 Final Judgment of Forfeiture 1 6. That, pursuant to the stipulation of the parties, and the 2 allegations set forth in the Complaint filed on or about September 3 13, 2010, the Court finds that there was reasonable cause for the 4 seizure and arrest of the defendant currency, and for the 5 commencement and prosecution of this forfeiture action, and a 6 Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465 shall 7 be entered accordingly. 8 9 10 7. All parties are to bear their own costs and attorneys' 8. The U.S. District Court for the Eastern District of fees. 11 California, Hon. Kimberly J. Mueller, District Judge, shall retain 12 jurisdiction to enforce the terms of this Final Judgment of 13 Forfeiture. 14 SO ORDERED THIS 19th 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 Complaint filed 20 September 13, 2010, and the Stipulation for Final Judgment of 21 Forfeiture filed herein, the Court enters this Certificate of 22 Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was 23 reasonable cause for the seizure or arrest of the defendant 24 currency, and for the commencement and prosecution of this 25 forfeiture action. 26 DATED: April 19, 2011. 27 28 UNITED STATES DISTRICT JUDGE 4 Final Judgment of Forfeiture