United States of America v. One 2007 Dodge Ram 3500 et al

Filing 39

CONSENT JUDGMENT AS TO CLAIMANT GOHAR TOROSYAN ONLY by Judge Margaret M. Morrow Related to: Stipulation for Judgment, 38 . (ah)

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1 2 3 4 5 6 7 8 9 10 11 EILEEN M. DECKER United States Attorney LAWRENCE S. MIDDLETON Assistant United States Attorney Chief, Criminal Division STEVEN R. WELK Assistant United States Attorney Chief, Asset Forfeiture Section JONATHAN GALATZAN Assistant United States Attorney Asset Forfeiture Section California Bar No. 190414 Federal Courthouse, 14th Floor 312 North Spring Street Los Angeles, California 90012 Telephone: (213) 894-2727 Facsimile: (213) 894-7177 E-mail: Jonathan.Galatzan@usdoj.gov 12 13 Attorneys for Plaintiff United States of America 14 UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION 15 16 17 18 19 20 21 22 23 24 25 26 ) ) ) Plaintiff, ) ) vs. ) ) ) ) ONE 2007 DODGE RAM 3500, ONE 2009 TOYOTA CAMRY, AND ONE 2008 ) ) FORD F-350 SD, ) ) Defendants. ) ) ) ) GOHAR TOROSYAN, ) ) Claimant. ) ) UNITED STATES OF AMERICA, 27 28 // NO. CV 14-09915-MMM (ASx) [PROPOSED] CONSENT JUDGMENT OF FORFEITURE AS TO CLAIMANT GOHAR TOROSYAN ONLY [NOTE: THIS ORDER RESOLVES THE CLAIM OF ONE CLAIMANT, BUT IS NOT DISPOSITIVE OF THE CASE] 1 Plaintiff and Claimant Gohar Torosyan (“Claimant”) have 2 made a stipulated request for the entry of this Consent 3 Judgment, resolving the claim of Claimant in this action in its 4 entirety. 5 6 Claimant filed a timely claim to the defendant One 2009 Toyota Camry having VIN 4T4BE46K89R114894. 7 Claimant did not file claims to any of the defendant assets 8 other than that listed, and no other claimants have filed claims 9 to the defendant asset listed above. The time for filing claims 10 and answers has expired. No other person is believed to have any 11 claim to the defendant One 2009 Toyota Camry having VIN 12 4T4BE46K89R114894. 13 The Court, having considered the stipulation of the 14 parties, and good cause appearing therefor, HEREBY ORDERS, 15 ADJUDGES AND DECREES: 16 1. The government has given and published notice of this 17 action as required by law, including Supplemental Rule G for 18 Admiralty or Maritime Claims and Asset Forfeiture Actions, 19 Federal Rules of Civil Procedure, and the Local Rules of this 20 Court. 21 assets other than that listed, and no other claimants have filed 22 claims to the defendant asset listed above. The time for filing 23 claims and answers has expired. No other person is believed to 24 have any claim to the defendant One 2009 Toyota Camry having VIN 25 4T4BE46K89R114894. 26 to this judgment and the defendant assets. 27 claimants to the defendant One 2009 Toyota Camry having VIN 28 4T4BE46K89R114894 other than Claimant are deemed to have Claimant did not file claims to any of the defendant This Court has jurisdiction over the parties 2 Any potential 1 admitted the allegations of the Complaint with respect to the 2 One 2009 Toyota Camry having VIN 4T4BE46K89R114894. 3 2. The following defendant asset shall be returned to 4 Claimant through her counsel: the One 2009 Toyota Camry having 5 VIN 4T4BE46K89R114894 shall be returned to Claimant through her 6 counsel. 7 release said asset within 45 days of the entry of this judgment. 8 9 3. The United States Secret Service (“USSS”) shall Claimant has agreed to release the United States of America, its agencies, agents, and officers, including employees 10 and agents of the United States Secret Service from any and all 11 claims, actions or liabilities arising out of or related to the 12 seizure and retention of the defendant One 2009 Toyota Camry 13 having VIN 4T4BE46K89R114894 and/or the commencement of this 14 civil forfeiture action, including, without limitation, any 15 claim for attorneys’ fees, costs or interest which may be 16 asserted on behalf of Claimant against the United States, 17 whether pursuant to 28 U.S.C. § 2465 or otherwise. 18 4. The court finds that there was reasonable cause for 19 the seizure of the defendant One 2009 Toyota Camry having VIN 20 4T4BE46K89R114894. The proposed judgment shall be construed as a 21 certificate of reasonable cause pursuant to 28 U.S.C. § 2465 as 22 to the defendant One 2009 Toyota Camry having VIN 23 4T4BE46K89R114894. 24 // 25 // 26 // 27 28 3 1 5. Each of the parties shall bear its own fees and costs 2 in connection with the seizure, retention and return of the 3 One 2009 Toyota Camry having VIN 4T4BE46K89R114894. 4 5 DATED: November 16, 2015 THE HONORABLE MARGARET M. MORROW UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 PRESENTED BY: EILEEN M. DECKER United States Attorney LAWRENCE S. MIDDLETON Assistant United States Attorney Chief, Criminal Division STEVEN R. WELK Assistant United States Attorney Chief, Asset Forfeiture Section 15 16 17 18 19 /s/ Jonathan Galatzan JONATHAN GALATZAN Assistant United States Attorney Attorneys for Plaintiff United States of America 20 21 22 23 24 25 26 27 28 4

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