United States of America v. Real Property Located in Diamond Bar California
Filing
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CONSENT JUDGMENT by Judge Gary A. Feess in favor of United States of America against Real Property Located in Diamond Bar California: WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED: A. This Court has jurisdiction over this action pursuant to 28 U.S. C. §§ 1345 and 1355 and over the parties hereto. B. The Complaint for Forfeiture states a claim for relief pursuant to 18 U.S.C. §§ 981(a)(1)(A) and (C). C. Notice of this action has been given in accordance with law. All potentia l claimants to the defendant property other than Claimants are deemed to have admitted the allegations of the Complaint. The allegations set out in the Complaint are sufficient to establish a basis for forfeiture. D. The United States of America sha ll have judgment as to all of the defendant property, subject to the recorded interest of J. Lee Gregg (Instrument Number 20120571405), and no other person or entity shall have any right, title or interest therein. E. Claimant hereby releases the Uni ted States of America, its agencies, agents, and officers, including employees and agents of the United States Federal Bureau of Investigation and Internal Revenue Service, from any and all claims, actions or liabilities arising out of or related t o this action, including, without limitation, any claim for attorney's fees, costs or interest which may be asserted on behalf of the claimant, whether pursuant to 28 U.S.C. § 2465 or otherwise. F. The court finds that there was reasonable cause for the institution of these proceedings. This judgment shall be construed as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465. (bm)
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ANDRÉ BIROTTE JR.
United States Attorney
ROBERT E. DUGDALE
Assistant United States Attorney
Chief, Criminal Division
STEVEN R. WELK
Assistant United States Attorney
Chief, Asset Forfeiture Section
JENNIFER M. RESNIK
Assistant United States Attorney
Asset Forfeiture Section
(Cal. State Bar # 233634)
1400 United States Courthouse
312 North Spring Street
Los Angeles, California 90012
Telephone: (213) 894-6595
Facsimile: (213) 894-7177
E-mail: jennifer.resnik@usdoj.gov
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Attorneys for Plaintiff
UNITED STATES OF AMERICA
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UNITED STATES DISTRICT COURT
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FOR THE CENTRAL DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA,
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Plaintiff,
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v.
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REAL PROPERTY LOCATED IN
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DIAMOND BAR, CALIFORNIA,
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ASSESSOR PARCEL NUMBER 8713- )
028-003,
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Defendant.
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_____________________________)
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SYED QAISAR MADAD AND MEHER )
FATINA TABATABAI,
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Claimants.
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NO. CV 12-04474-GAF-JC
CONSENT JUDGMENT
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RECITALS
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1.
This action was filed on May 23, 2012.
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Notice was given and published in accordance with law.
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3.
Claimants Syed Qaisar Madad and Meher Fatima Tabatabai
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("Claimants") filed claims to the defendant Real Property Located
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in Diamond Bar, California with assessor parcel number 8713-028-
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003 (the “defendant property”).
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defendant property is attached as Exhibit "A."
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statements of interest or answers have been filed, and the time
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for filing such statements of interest and answers has expired.
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Plaintiff and Claimants have reached an agreement that is
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dispositive of the action.
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The legal description of the
No other
The parties hereby request that the
Court enter this Consent Judgment of Forfeiture.
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WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED:
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A.
This Court has jurisdiction over this action
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pursuant to 28 U.S.C. §§ 1345 and 1355 and over the parties
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hereto.
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B.
The Complaint for Forfeiture states a claim for
relief pursuant to 18 U.S.C. §§ 981(a)(1)(A) and (C).
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C.
Notice of this action has been given in accordance
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with law.
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other than Claimants are deemed to have admitted the allegations
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of the Complaint.
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sufficient to establish a basis for forfeiture.
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All potential claimants to the defendant property
D.
The allegations set out in the Complaint are
The United States of America shall have judgment
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as to all of the defendant property, subject to the recorded
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interest of J. Lee Gregg (Instrument Number 20120571405), and no
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other person or entity shall have any right, title or interest
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therein.
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E.
Claimant hereby releases the United States of
America, its agencies, agents, and officers, including employees
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and agents of the United States Federal Bureau of Investigation
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and Internal Revenue Service, from any and all claims, actions or
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liabilities arising out of or related to this action, including,
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without limitation, any claim for attorney's fees, costs or
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interest which may be asserted on behalf of the claimant, whether
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pursuant to 28 U.S.C. § 2465 or otherwise.
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F.
The court finds that there was reasonable cause
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for the institution of these proceedings.
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construed as a certificate of reasonable cause pursuant to 28
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This judgment shall be
U.S.C. § 2465.
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Dated: February 26, 2013
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________________________________
THE HONORABLE GARY ALAN FEESS
UNITED STATES DISTRICT JUDGE
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Approved as to form and content:
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Dated: February_25, 2013
ANDRÉ BIROTTE JR.
United States Attorney
ROBERT E. DUGDALE
Assistant United States Attorney
Chief, Criminal Division
STEVEN R. WELK
Assistant United States Attorney
Chief, Asset Forfeiture Section
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/s/
JENNIFER M. RESNIK
Assistant United States Attorney
Asset Forfeiture Section
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Attorneys for Plaintiff
United States of America
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DATED: February_22, 2013
/s/
MEHER F. TABATABAI
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DATED: February 25, 2013
/s/
ROBERT J. FELDHAKE, ESQ.
Attorney for Claimant Meher
Tabatabai
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DATED: February_22, 2013
/s/
SYED QAISAR MADAD
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DATED: February 25, 2013
/s/
LAW OFFICES OF MARK J. WERKSMAN
MARK M. HATHAWAY
Attorney for Claimant Syed Qaisar
Madad
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EXHIBIT A
PARCEL 1: LOT 118 OF TRACT NO. 30578, IN THE CITY OF LOS
ANGELES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS
PER MAP RECORDED IN BOOK 785, PAGES 1 TO 25, INCLUSIVE,
OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
RESERVING UNTO THE GRANTOR EASEMENTS AS RESERVED IN
SECTIONS 1 AND 2 OF ARTICLE VI OF THE DECLARATION OF
RESTRICTIONS RECORDED MAY 22, 1969 IN BOOK M-3218, PAGE
32, OFFICIAL RECORDS, TOGETHER WITH THE RIGHT TO GRANT
OR DEDICATE TO OTHERS WITHOUT LIMITATION LIKE OR SIMILAR
EASEMENT.
EXCEPTING THEREFROM ALL OIL, GAS AND OTHER HYDROCARBON
SUBSTANCES AND MINERAL NOW OR AT ANY TIME HEREAFTER
SITUATED THEREIN OR THEREUNDER OR PRODUCIBLE THEREFROM,
AS RESERVED IN THE DEED FROM TRANSAMERICA DEVELOPMENT
COMPANY, RECORDED MARCH 29, 1968, IN BOOK D-3955, PAGE
185, OFFICIAL RECORDS OF SAID COUNTY AND AS MODIFIED BY
QUITCLAIM DEED RECORDED ON MAY 8, 1969 IN BOOK D-4363,
PAGE 643, OFFICIAL RECORDS OF SAID COUNTY, WHICH,
RELINQUISHED ALL RIGHTS TO THE USE OF THE SURFACE AND
SUBSURFACE TO A DEPTH OF 500 FEET FROM THE SURFACE OF
SAID LAND.
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PARCEL 2: A NON-EXCLUSIVE EASEMENT TO BE USED IN COMMON
WITH OTHERS FOR INGRESS AND EGRESS OVER ALL THOSE AREAS
SHOWN UPON THE MAP OF SAID TRACT NO. 30578, AS "PRIVATE
STREETS", AND OVER ALL THOSE AREAS SHOWN UPON THE MAP OF
TRACT NO. 30289 RECORDED IN BOOK 743, PAGES 42 TO 50,
INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY AS "PRIVATE STREETS", SAID EASEMENT TO BE
APPURTENANT TO AND FOR THE BENEFIT OF THE LOT
DESCRIBED ABOVE IN PARCEL 1.
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EXCEPTING THEREFROM ANY PORTION WHICH FALLS WITHIN THE
LINES PARCEL 1 ABOVE DESCRIBED.
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APN 8713-028-003
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