USA v. Approximately $123,513.00 in Ownership Payouts from Yreka Junction Investors, LP et al, No. 2:2018cv00348 - Document 18 (E.D. Cal. 2018)

Court Description: FINAL JUDGMENT of FORFEITURE signed by District Judge Troy L. Nunley on 06/29/18. CASE CLOSED (Benson, A.)
Download PDF
USA v. Approximately $123,513.00 in Ownership Payouts from Yreka Junction Investors, LP et al Doc. 18 1 McGREGOR W. SCOTT United States Attorney 2 KEVIN C. KHASIGIAN Assistant U.S. Attorney 3 501 I Street, Suite 10-100 Sacramento, CA 95814 4 Telephone: (916) 554-2700 5 Attorneys for the United States 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 2:18-CV-00348-TLN-EFB Plaintiff, FINAL JUDGMENT OF FORFEITURE 13 14 15 v. APPROXIMATELY $123,513.00 IN OWNERSHIP PAYOUTS FROM YREKA JUNCTION INVESTORS, LP SINCE JUNE 20, 2013, 16 17 18 19 A 10% OWNERSHIP SHARE IN YREKA JUNCTION INVESTORS, LP, and APPROXIMATELY $150,000 IN PROCEEDS FROM THE SALE OF REAL PROPERTY LOCATED AT 1358 BLUE OAKS BOULEVARD, ROSEVILLE, CALIFORNIA, 20 Defendants. 21 22 Pursuant to the Request for Final Judgment of Forfeiture filed herein, the Court finds: 23 1. This is a civil forfeiture action against defendants Approximately $123,513.00 in 24 ownership payouts from Yreka Junction Investors, LP since June 20, 2013, a 10% ownership share in 25 Yreka Junction Investors, LP, and Approximately $150,000 in proceeds from the sale of real property 26 located at 1358 Blue Oaks Boulevard, Roseville, California (“defendant assets”). 27 2. On February 1, 2018, pursuant to a Stipulation for Final Judgment of Forfeiture, potential 28 claimant Chris W. Eatough agreed to forfeit all of his right, title, and interest in the defendant assets, 29 30 1 Final Judgment of Forfeiture Dockets.Justia.com 1 plus any accrued interest, to the United States pursuant to 18 U.S.C. §§ 981(a)(1)(A) and 981(a)(1)(C), 2 to be disposed of according to law. That Stipulation is attached to the Request for Final Judgment of 3 Forfeiture filed herein. 4 3. A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on February 14, 5 2018, alleging that said defendant assets are subject to forfeiture to the United States pursuant to 18 6 U.S.C. §§ 981(a)(1)(A) and 981(a)(1)(C). 7 4. On March 5, 2018, the Clerk issued a Warrant for Arrest for the defendants 8 Approximately $123,513.00 in ownership payouts from Yreka Junction Investors, LP since June 20, 9 2013, and Approximately $150,000 in proceeds from the sale of real property located at 1358 Blue Oaks 10 Boulevard, Roseville, California. That warrant was executed on March 8, 2018. 11 5. Beginning on March 10, 2018, for at least thirty consecutive days, the United States 12 published Notice of the Forfeiture Action on the official internet government forfeiture site 13 www.forfeiture.gov. A Declaration of Publication was filed on June 22, 2018. 14 6. In addition to the public notice on the official internet government forfeiture site 15 www.forfeiture.gov, actual notice or attempted notice was given to the following individual: 16 17 a. 7. Laura Lea Eatough. On April 19, 2018, a Protective Order was entered for the defendant 10% ownership 18 share in Yreka Junction Investors, LP. On April 27, 2018, the Protective Order was served on Timothy 19 Taylor, manager of Potter-Taylor & Company and Agent for Service of Process for Taylor Center 20 Managers, LLC. 21 8. The Clerk of the Court entered a Clerk’s Certificate of Entry of Default against Laura 22 Lea Eatough on June 27, 2018. Pursuant to Local Rule 540, the United States requests that, as a part 23 of this Final Judgment of Forfeiture, the Court enter a default judgment against the interest, if any, of 24 Laura Lea Eatough without further notice. 25 9. No parties have filed claims or answers in this matter, and the time in which any person 26 or entity may file a claim and answer has expired. 27 Based on the above findings, and the files and records of the Court, it is hereby ORDERED 28 AND ADJUDGED: 29 30 2 Final Judgment of Forfeiture 1 1. Judgment is hereby entered against potential claimants Chris W. Eatough and Laura Lea 2 Eatough, and all other potential claimants who have not filed claims in this action. 3 2. All right, title, and interest of Chris W. Eatough and Laura Lea Eatough in the 4 following defendant assets shall be forfeited to the United States pursuant to 18 U.S.C §§ 981(a)(1)(A) 5 and 981(a)(1)(C), to be disposed of according to law: 6 a. b. A 10% ownership share in Yreka Junction Investors, LP, and c. 7 Approximately $123,513.00 in ownership payouts from Yreka Junction Investors, LP since June 20, 2013, plus any accrued interest, Approximately $150,000 in proceeds from the sale of real property located at 1358 Blue Oaks Boulevard, Roseville, California, plus any accrued interest. 8 9 10 11 3. The United States and its servants, agents, and employees and all other public entities, 12 their servants, agents, and employees, are released from any and all liability arising out of or in any 13 way connected with the seizure, arrest or forfeiture of the defendant assets. This is a full and final 14 release applying to all unknown and unanticipated injuries, and/or damages arising out of said seizure, 15 arrest, or forfeiture, as well as to those now known or disclosed. The potential claimant waived the 16 provisions of California Civil Code § 1542. 17 4. All parties are to bear their own costs and attorneys' fees. 18 5. The U.S. District Court for the Eastern District of California, Hon. Troy L. Nunley, 19 District Judge, shall retain jurisdiction to enforce the terms of this Final Judgment of Forfeiture. 20 6. Based upon the allegations set forth in the Complaint filed February 14, 2018, and the 21 Stipulation for Final Judgment of Forfeiture filed herein, the Court enters this Certificate of Reasonable 22 Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for the seizure and arrest of the 23 defendant assets, and for the commencement and prosecution of this forfeiture action. 24 SO ORDERED: 25 Dated: June 29, 2018 26 27 Troy L. Nunley United States District Judge 28 29 30 3 Final Judgment of Forfeiture