-KJN United States of America v. 2005 Toyota 4-Runner Truck et al, No. 2:2011cv02272 - Document 15 (E.D. Cal. 2011)

Court Description: FINAL JUDGMENT OF FORFEITURE signed by Judge Garland E. Burrell, Jr. on 11/14/2011. (Zignago, K.)
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-KJN United States of America v. 2005 Toyota 4-Runner Truck et al 1 4 BENJAMIN B. WAGNER United States Attorney KEVIN C. KHASIGIAN Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, California 95814-2322 Telephone: (916) 554-2700 5 Doc. 15 United States of America 2 3 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 11 UNITED STATES OF AMERICA, 12 13 14 15 16 Plaintiff, v. 2005 TOYOTA 4-RUNNER TRUCK, VIN: JTEBU14R750068701, CALIFORNIA LICENSE: 5MGM397, APPROXIMATELY $1,193.00 IN U.S. CURRENCY, and 17 APPLE 16GB IPAD, 18 Defendants. 19 20 21 22 ) 2:11-CV-02272-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 the above- 23 captioned assets (hereafter "defendant properties") seized on 24 March 14, 2011. 25 2. A Verified Complaint for Forfeiture In Rem (“Complaint”) 26 was filed on August 26, 2011, alleging that said defendant 27 properties are subject to forfeiture to the United States of 28 America pursuant to 18 U.S.C. § 981(a)(1)(c) and 49 U.S.C. § 80303. 1 Final Judgment of Forfeiture Dockets.Justia.com 1 3. On August 29, 2011, the Clerk issued a Warrant for 2 Arrest for the defendant properties, and that warrant was duly 3 executed on September 1, 2011. 4 4. Beginning on September 15, 2011, for at least 30 5 consecutive days, the United States published Notice of the 6 Forfeiture Action on the official internet government forfeiture 7 site www.forfeiture.gov. 8 on October 20, 2011. 9 5. A Declaration of Publication was filed In addition to the public notice on the official 10 internet government forfeiture site www.forfeiture.gov, actual 11 notice or attempted notice was given to the following 12 individuals: 13 a. Charles R. Marsellis 14 b. Wendi Michelle Gomez 15 6. Claimant Wendi Michelle Gomez filed a claim alleging an 16 interest in all of the defendant properties on September 19, 17 2011. 18 matter, and the time for which any person or entity may file a 19 claim and answer has expired. 20 7. No other parties have filed claims or answers in this The Clerk of the Court entered a Clerk's Certificate of 21 Entry of Default against Charles R. Marsellis on October 13, 22 2011. 23 that as part of the Final Judgment of Forfeiture in this case the 24 Court enter a default judgment against the interest, if any, of 25 Charles R. Marsellis without further notice. 26 27 28 Pursuant to Local Rule 540, the United States requests Based on the above findings, and the files and records of this Court, it is hereby ORDERED AND ADJUDGED: 1. The Court adopts the Stipulation for Final Judgment of 2 Final Judgment of Forfeiture 1 Forfeiture entered into by and between the parties to this 2 action. 3 2. Judgment is hereby entered against claimant Wendi 4 Michelle Gomez and all other potential claimants who have not 5 filed claims in this action. 6 3. Upon entry of a Final Judgment of Forfeiture forfeiting 7 the defendant 2005 Toyota 4-Runner Truck, VIN: JTEBU14R750068701, 8 California License Plate: 5MGM397 (“defendant vehicle”) to the 9 United States herein, the U.S. Marshal Service shall sell the 10 defendant vehicle in the most commercially feasible manner, as 11 soon as reasonably possible, for the maximum price. 12 Wendi Michelle Gomez agrees to execute promptly any documents 13 that may be required to complete the sale of the defendant 14 vehicle. 15 4. Claimant Upon the sale of the defendant vehicle, the net sale 16 proceeds, less any storage fees, maintenance fees, disposal costs 17 and auctioneer fees, will be divided as follows: 18 a. To claimant Wendi Michelle Gomez: $500.00 of 19 the net proceeds from the sale of the 20 defendant vehicle. 21 b. To the United States of America: The 22 remainder of the net sale proceeds. 23 right, title, and interest in said funds 24 shall be substituted for the defendant 25 vehicle and forfeited to the United 26 States pursuant to 18 U.S.C. 27 and 49 U.S.C. § 80303, to be disposed of 28 according to law. 3 All § 981(a)(1)(c) Final Judgment of Forfeiture 1 5. Upon entry of a Final Judgment of Forfeiture herein, 2 but no later than 60 days thereafter, the following defendant 3 properties shall be returned to claimant Wendi Michelle Gomez: 4 a. Approximately $1,193.00 in U.S. Currency; and 5 b. Apple 16GB iPad. 6 6. Plaintiff United States of America and its servants, 7 officers and employees are hereby released from any and all 8 liability arising out of or in any way connected with the 9 seizure, arrest, or forfeiture of the defendant properties. This 10 is a full and final release applying to all unknown and 11 unanticipated injuries, and/or damages arising out of said 12 seizure, arrest, or forfeiture, as well as to those now known or 13 disclosed. 14 of California Civil Code § 1542. 15 7. The parties to the stipulation waived the provisions Pursuant to the stipulation of the parties, and the 16 allegations set forth in the Complaint filed on or about August 17 26, 2011, the Court finds that there was reasonable cause for the 18 seizure and arrest of the defendant properties, and for the 19 commencement and prosecution of this forfeiture action, and a 20 Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465 21 shall be entered accordingly. 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 4 Final Judgment of Forfeiture 1 8. 2 fees. 3 Dated: All parties are to bear their own costs and attorneys' November 14, 2011 4 5 6 GARLAND E. BURRELL, JR. United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 Final Judgment of Forfeiture