USA v. Real property located at 15340 Old Toll Road, Camtonville, California, APN: 064-210-032, No. 2:2011cv00091 - Document 33 (E.D. Cal. 2011)

Court Description: FINAL JUDGMENT OF FORFEITURE ORDER signed by Judge Garland E. Burrell, Jr., on 12/19/11. the Court finds that there was reasonable cause for the posting of the defendant real property, and for the commencement and prosecution of this forfeiture action, and a Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465 is hereby entered. (Kastilahn, A)
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USA v. Real property located at 15340 Old Toll Road, Camtonville, California, APN: 064-210-032 1 4 BENJAMIN B. WAGNER United States Attorney KEVIN C. KHASIGIAN Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916) 554-2700 5 Doc. 33 Attorneys for the United States 2 3 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 16 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff, v. REAL PROPERTY LOCATED AT 15340 OLD TOLL ROAD, CAMPTONVILLE, CALIFORNIA, YUBA COUNTY, APN: 064-210-02, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, 17 Defendant. 18 19 20 21 2:11-CV-00091-GEB-KJN FINAL JUDGMENT OF FORFEITURE Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds: 1. This is a civil forfeiture action against certain real 22 property located at 15340 Old Toll Road, Camptonville, 23 California, Yuba County, APN: 064-210-032 (hereafter "defendant 24 real property") and more fully described as: 25 26 Parcel 1 of Parcel Map 86-46, filed in the Office of the County Recorder of the County of Yuba, State of California, in Book 47 of Maps, page 37. 27 2. 28 A Verified Complaint for Forfeiture In Rem (hereafter “Complaint”) was filed on January 10, 2011, alleging that said 1 Final Judgment of Forfeiture Dockets.Justia.com 1 defendant real property is subject to forfeiture to the United 2 States of America pursuant to 21 U.S.C. § 881(a)(7). 3 3. Doc #1. On March 22, 2011, the defendant real property was 4 posted with a copy of the Complaint and Notice of Complaint. 5 #12. 6 4. Doc Beginning on February 26, 2011, for at least 30 7 consecutive days, the United States published Notice of the 8 Forfeiture Action on the official internet government forfeiture 9 site www.forfeiture.gov. 10 on March 28, 2011. 11 5. A Declaration of Publication was filed Doc #14. In addition to the Public Notice of Posting having been 12 completed, the United States gave actual notice to the following 13 individuals: 14 a. Gregory S. McClellan 15 b. Estate of Aubrey B. Wall 16 c. David and Judy Duncan 17 6. The Clerk of the Court entered a Clerk's Certificate of 18 Entry of Default against Gregory S. McClellan, the Estate of 19 Aubrey B. Wall and David and Judy Duncan on March 28, 2011. 20 #16. 21 Order to Set Aside Default and Permit Filing of Claim and Answer. 22 Doc #23. 23 Entry of Default Against Gregory S. McClellan and allowed the 24 responsive pleadings submitted by the claimant to be filed by the 25 Clerk. 26 Doc On August 31, 2011, the parties filed a Stipulation and 7. On September 1, 2011, the Court set aside the Clerk’s Doc #24. Claimant Gregory S. McClellan filed a claim to the 27 defendant real property and an answer to the complaint on 28 September 1, 2011. Doc #25, 26. 2 Final Judgment of Forfeiture 1 8. No other parties have filed claims or answers in this 2 matter, and the time in which any person or entity may file a 3 claim and answer has expired. 4 5 6 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 7 Forfeiture entered into by and between the parties to this 8 action. 9 2. Judgment is hereby entered against claimant Gregory S. 10 McClellan and all other potential claimants who have not filed 11 claims in this action. 12 3. All right, title and interest of Gregory S. McClellan in 13 the defendant real property shall be forfeited to the United 14 States pursuant to 21 U.S.C. § 881(a)(7). 15 4. The U.S. Marshals Service (or a designee) shall list the 16 defendant real property for sale. 17 shall have sole authority to select the means of sale, including 18 sale by internet or through a licensed real estate broker, and 19 shall have sole authority over the marketing and sale of the 20 defendant real property. 21 5. The U.S. Marshals Service The U.S. Marshals Service shall have the defendant real 22 property appraised by a licensed appraiser of its choosing. 23 U.S. Marshals Service and the appraiser may have access to the 24 defendant real property upon 24 hours telephonic notice. 25 6. The If necessary, the U.S. Marshals Service, and any real 26 estate broker employed by the U.S. Marshals Service, shall have 27 the right to put a "lock box" on the property to facilitate the 28 marketing and sale of the property. 3 Final Judgment of Forfeiture 1 7. The following costs, expenses and distributions shall be 2 paid in escrow from the gross sales price in the following 3 priority and to the extent funds are available: 4 (a) The costs incurred by the U.S. Marshals Service to 5 the date of close of escrow, including the cost of posting, 6 service, advertising, and maintenance. 7 (b) Any unpaid real property taxes, which shall be 8 prorated as of the date of the entry of the Final Judgment of 9 Forfeiture. 10 11 (c) A real estate commission not to exceed the U.S. Marshals Service contractual brokerage fee. 12 (d) The seller shall pay any county transfer taxes. 13 (e) To the United States of America: the net proceeds 14 from the sale of the real property. 15 interest in said funds shall be substituted for the defendant 16 real property and forfeited to the United States pursuant to 21 17 U.S.C. § 881(a)(7), to be disposed of according to law. 18 8. All right, title, and Any liens or encumbrances against the defendant 19 real property that appear on record subsequent to the recording 20 of plaintiff's lis pendens on January 18, 2011, and prior to the 21 close of escrow may be paid out of escrow. 22 pay any such lien or encumbrance at its sole discretion. 23 24 25 9. The United States may The costs of a lender's policy of title insurance (ALTA policy) shall be paid for by the buyer. 10. All loan fees, "points" and other costs of obtaining 26 financing shall be paid for by the buyer of the defendant 27 property. 28 11. Each party shall execute all documents necessary to 4 Final Judgment of Forfeiture 1 close escrow, if such signatures are required by the title 2 insurer. 3 12. The United States and its servants, agents, and 4 employees and all other public entities, their servants, agents, 5 and employees, are released from any and all liability arising 6 out of or in any way connected with the filing of the Complaint 7 and the posting of the defendant real property with the Complaint 8 and Notice of Complaint. 9 applying to all unknown and unanticipated injuries, and/or 10 damages arising out of the filing of the Complaint and the 11 posting of the defendant real property with the Complaint and 12 Notice of Complaint, as well as to those now known or disclosed. 13 Claimant waived the provisions of California Civil Code § 1542. 14 13. This is a full and final release Claimant Gregory S. McClellan shall not take any 15 action, or cause any other person to take any action, to damage 16 or modify the defendant real property from its present condition 17 or other action that may result in a reduction in value of the 18 defendant real property. 19 14. Claimant Gregory S. McClellan shall remove all personal 20 possessions and leave the property clean and in the same state of 21 repair as the property was on the date it was posted. 22 all of claimants personal possessions not removed within 72 hours 23 after the entry of a Final Judgment of Forfeiture will be 24 disposed of by the United States without further notice. 25 15. Any and Pursuant to the stipulation of the parties, and the 26 allegations set forth in the Complaint filed January 10, 2011, 27 the Court finds that there was reasonable cause for the posting 28 of the defendant real property, and for the commencement and 5 Final Judgment of Forfeiture 1 prosecution of this forfeiture action, and a Certificate of 2 Reasonable Cause pursuant to 28 U.S.C. § 2465 shall be entered 3 accordingly. 4 16. 5 fees, if any. 6 17. All parties will bear their own costs and attorneys' Pending the sale of the property, and the disposition 7 of the proceeds, the U.S. District Court for the Eastern District 8 of California, Hon. Garland E. Burrell, Jr., District Judge, 9 shall retain jurisdiction to enforce the terms of the Final 10 11 Judgment of Forfeiture. SO ORDERED THIS 19th day of December, 2011. 12 13 GARLAND E. BURRELL, JR. United States District Judge 14 15 16 CERTIFICATE OF REASONABLE CAUSE 17 18 Based upon the allegations set forth in the Complaint filed 19 January 10, 2011, and the Stipulation for Final Judgment of 20 Forfeiture filed herein, the Court enters this Certificate of 21 Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was 22 reasonable cause for posting of the defendant real property, and 23 for the commencement and prosecution of this forfeiture action. 24 Dated: December 19, 2011 25 26 27 GARLAND E. BURRELL, JR. United States District Judge 28 6 Final Judgment of Forfeiture