United States of America v. 45,357.00 In U.S. Currency

Filing 27

PARTIAL CONSENT JUDGMENT AS TO $12,000.00 OF THE DEFENDANT CURRENCY ONLY by Judge Dolly M. Gee: Upon Stipulation 26 , The Court hereby ORDERS, ADJUDGES AND DECREES that (A) Plaintiff United States of America shall have judgment to $8,400.0 0 of the defendant currency, plus all interest earned by the government on the $12,000.00 of the defendant currency claimed by Rodney Millar since seizure. (B) $3,600.00 of the defendant currency, without interest, shall be returned to Mill ar via ACH deposit to claimant Millar's attorney, Jacek W. Lentz, The Lentz Law Firm, P.C. (C) No person or entity other than Sun may claim any right, title or interest as to the remaining portion of the defendant currency ($33,357.00). See document for further details. (gk)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WESTERN DIVISION ) ) ) Plaintiff, ) ) vs. ) ) $45,357.00 IN U.S. CURRENCY, ) ) Defendant. _______________________________ ) ) NATALIE S. SUN AND RODNEY ) MILLAR, ) ) ) Claimants. ) UNITED STATES OF AMERICA, Case No.: CV 15-9989-DMG (AJWx) PARTIAL CONSENT JUDGMENT AS TO $12,000.00 OF THE DEFENDANT CURRENCY ONLY [26] [NOTE: THIS JUDGMENT RESOLVES THE CLAIM OF RODNEY MILLAR, BUT IS NOT DISPOSITIVE OF THE CASE] 1 Plaintiff United States of America (“plaintiff” or the 2 “government”) and Rodney Millar (“Millar”) have entered into a 3 stipulated request for the entry of this partial consent 4 judgment of forfeiture resolving all interest claimant Millar 5 may have in the defendant $45,357.00 in U.S. Currency 6 (“defendant currency”). 7 This civil forfeiture action was commenced on December 30, 8 2015. 9 Supplemental Rule G(4)(a) of the Federal Rules of Civil Plaintiff gave notice of this action as required by 10 Procedure and the Local Rules of this Court. 11 action was published as required by Rule G(4)(1)(iv)(C) of the 12 Supplemental Rules of Admiralty or Maritime Claims and Asset 13 Forfeiture Actions. 14 Notice of this Natalie S. Sun (“Sun”) filed a verified claim to $33,357.00 15 of the defendant currency on March 29, 2016 (Dkt. 14), and an 16 answer on April 11, 2016 (Dkt. 15). 17 $12,000.00 of the defendant currency on July 6, 2016 (Dkt. 23). 18 No other party has made, or is believed to have, any claim to 19 any of the defendant currency described herein, and the time for 20 filing claims has expired. 21 Millar filed a claim to The Court has been duly advised of and has considered the 22 matter. 23 good cause appearing therefor, the Court hereby ORDERS, ADJUDGES 24 AND DECREES that (A) Plaintiff United States of America shall 25 have judgment to $8,400.00 of the defendant currency, plus all 26 interest earned by the government on the $12,000.00 of the 27 defendant currency claimed by Millar since seizure; 28 (B) $3,600.00 of the defendant currency, without interest, shall Based upon the mutual consent of the parties hereto and 2 1 be returned to Millar via ACH deposit to claimant Millar’s 2 attorney, Jacek W. Lentz, The Lentz Law Firm, P.C., 1200 3 Wilshire Blvd, Suite 406, Los Angeles, CA 90017, pursuant to 4 instructions to be provided by Mr. Lentz; and (C) no person or 5 entity other than Sun may claim any right, title or interest as 6 to the remaining portion of the defendant currency ($33,357.00). 7 The Court finds that: 8 A. Millar has released the government, its agencies, 9 agents, and officers, including employees and agents of 10 the Drug Enforcement Administration (“DEA”), from any and 11 all claims, actions or liabilities arising out of or 12 related to the seizure and retention of the defendant 13 currency and/or the commencement of this civil forfeiture 14 action, including, without limitation, any claim for 15 attorneys’ fees, costs or interest that may be asserted 16 on behalf of Millar against the government, whether 17 pursuant to 28 U.S.C. § 2465 or otherwise. 18 B. Millar has waived any rights he may have to petition for 19 remission or mitigation of the forfeiture described in 20 this stipulation and the proposed consent judgment. 21 C. There was reasonable cause for the seizure of the 22 defendant currency claimed by Millar and the institution 23 of this action. 24 as a certificate of reasonable cause pursuant to 28 25 U.S.C. § 2465 as to the $12,000.00 claimed by Millar. 26 Each of the parties shall bear its own fees and costs in This consent judgment shall be construed 27 28 3 1 connection with the seizure, retention and return of the 2 defendant currency. 3 4 5 DATED: September 7, 2016 DOLLY M. GEE UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4

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