United States of America v. Five All-Terrain Vehicles, Five Snowmobiles, One 2005 Toyota 4Runner, One 2012 Ford F-150 Raptor, One 2013 Toyota FJ Cruiser, One 2013 Ford F-150, One 2012 Polaris Trailer and One 2010 Mercedes-Benz
Filing
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CONSENT JUDGMENT by Judge Jesus G. Bernal : IT IS HEREBY STIPULATED AND AGREED by and among Plaintiff USA; Pro se claimants Larry Sorenson, Jan Sorenson and Sydney Sorenson; Susan Hammatt and Christopher Hammatt; and claiminat Morris Cerullo World E vangelism, Inc. as follows: (See Consent Judgment for further details) The government, the Sorensons, Hammattas and MCWE have agreed to settle this action and have asked the Court to enter this Consent Judgment. HEREBY ORDERS, ADJUDGES, AND DECREES T HAT: 1. This Court has jurisdiction over the subject matter of this action and the parties to this Consent Judgment of Forfeiture. The US shall return to defendant 2013 Ford F-150 truck and the defendant 2010 Mercedes-Benz s400 to Susan Hammatt according to paragraph 9 below. (See Consent Judgment for further details) ( MD JS-6. Case Terminated ) (yl)
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STEPHANIE YONEKURA
Acting United States Attorney
ROBERT E. DUGDALE
Assistant United States Attorney
Chief, Criminal Division
STEVEN R. WELK
Assistant United States Attorney
Chief, Asset Forfeiture Section
LUCAS E. ROWE
California Bar Number Pending
Special Assistant United States Attorney
Asset Forfeiture Section
United States Courthouse
312 North Spring Street, 14th Floor
Los Angeles, California 90012
Telephone: (213) 894-2426
Facsimile: (213) 894-7177
E-mail: lucas.rowe@usdoj.gov
JS-6
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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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WESTERN DIVISION
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UNITED STATES OF AMERICA,
No. ED 14-CV-00004-JGB(DTBx)
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Plaintiff,
CONSENT JUDGMENT
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v.
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FIVE ALL-TERRAIN VEHICLES, ET
AL,
Defendants.
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Larry Sorenson, Jan Sorenson,
Sydney Sorenson, Susan Hammatt,
Christopher Hammatt and Morris
Cerullo World Evangelism, Inc.,
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Claimants.
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IT IS HEREBY STIPULATED AND AGREED by and among plaintiff
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United States of America; pro se claimants Larry Sorenson, Jan
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Sorenson and Sydney Sorenson (collectively, the “Sorensons”);
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Susan Hammatt and Christopher Hammatt (collectively, the
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“Hammatts”); and claimant Morris Cerullo World Evangelism, Inc.
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(“MCWE”), as follows:
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On January 2, 2014, plaintiff United States of America
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(hereafter, “plaintiff” or “government”) filed a Verified
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Complaint for Forfeiture (the “Complaint”) alleging that the
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defendants were subject to forfeiture pursuant to 18 U.S.C.
§ 981(a)(1)(C).
law.
Notice was given and published according to
The defendants are:
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One 2004 Polaris All-Terrain Vehicle (VIN:
4XACH50AX4A308750) registered in the name of Christopher
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Hammatt;
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2.
One 2013 Polaris Touring All-Terrain Vehicle (VIN:
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4XADN8EA2DA563612) registered in the name of Christopher
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Hammatt;
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3.
One 2007 Polaris Touring All-Terrain Vehicle (VIN:
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4XATN76A17A222291) registered in the name of Christopher
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Hammatt;
4.
One 2012 Polaris All-Terrain Vehicle (VIN:
4XATN55A4CA539739) registered in the name of Christopher
Hammatt;
5.
One 2012 Polaris All-Terrain Vehicle (VIN:
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4XAUH9EA7DB623603) registered in the name of Christopher
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Hammatt;
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6.
One 2012 Polaris trailer (VIN: 5WFBE1622CW018468)
registered in the name of S&H Partners, LLC;
7.
One 2013 Yamaha snowmobile (VIN: JYE8HY008DA003989)
registered in the name of S&H Partners, LLC;
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One 2013 Yamaha snowmobile (VIN: JYE8HY006DA004641)
registered in the name of S&H Partners, LLC;
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One 2013 Polaris snowmobile (VIN: SN1CH8GS7DC759918)
registered in the name of S&H Partners, LLC;
10.
One 2013 Polaris snowmobile (VIN: SN1CH8GS7DC759919)
registered in the name of S&H Partners, LLC;
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One 2013 Polaris snowmobile (VIN: SN1CG6GS9DC755748)
registered in the name of S&H Partners, LLC;
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One 2013 Ford F-150 (VIN: 1FTFW1ET3DFA06038)
registered in the name of Christopher Hammatt and Susan Hammatt;
13.
One 2010 Mercedes-Benz S400 (VIN: WDDNG9FB2AA317908)
registered in the name of Christopher Hammatt;
14.
One 2012 Ford F-150 Raptor (VIN:1FTFW1R67CFC12286)
registered in the name of Larry Sorenson;
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One 2005 Toyota 4Runner SUV (VIN: JTEBT14R950048386)
registered in the name of Larry Sorenson; and
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One 2013 Toyota FJ Cruiser SUV (VIN:
JTEBU4BF3DK151328), registered to Larry Sorenson and Sydney
Sorenson.
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Larry Sorenson timely filed a verified claim and answer to
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contest the forfeiture of his interests in defendants 1-11 and
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14-16.
Jan Sorenson timely filed a verified claim and answer to
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contest the forfeiture of her interest in defendant 15.
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3
Sydney
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Sorenson timely filed a verified claim and answer to contest the
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forfeiture of her interest in defendant 16.
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behalf of Christopher Hammatt as personal representative, timely
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filed a verified claim and answer to contest the forfeiture of
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Christopher Hammatt’s interests in defendants 15, 7, 9, and 12-
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13.
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contest the forfeiture of her interests in defendants 12 and 13.
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MCWE timely filed a verified claim and answer to contest the
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forfeiture of its interests in defendants 1-13.
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Susan Hammatt timely filed a verified claim and answer to
No other claims
or answers have been filed in this action, and the time for
filing claims and answer has expired.
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Susan Hammatt, on
The government, the Sorensons, Hammatts and MCWE have
agreed to settle this action and have asked the Court to enter
this Consent Judgment.
//
//
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The Court, having been duly advised of and having
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considered the matter, and based upon the mutual consent of the
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parties,
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HEREBY ORDERS, ADJUDGES, AND DECREES THAT:
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1.
This Court has jurisdiction over the subject matter of
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this action and the parties to this Consent Judgment of
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Forfeiture.
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2.
The Complaint for Forfeiture states a claim for relief
pursuant to 18 U.S.C. § 981(a)(1)(C).
3.
Notice of this action has been given and published as
required by law.
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The United States shall return the defendant 2012
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Ford F-150 Raptor and the defendant 2013 Toyota FJ Cruiser to
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Larry Sorenson according to paragraph 9 below.
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5.
The United States shall return the defendant 2013 Ford
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F-150 truck and the defendant 2010 Mercedes-Benz S400 to Susan
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Hammatt according to paragraph 9 below.
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6.
The Sorensons, jointly and severally, shall pay the
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sum of $3,000.00, towards the costs and expenses incurred by the
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United States Secret Service for the storage of the defendants.
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7.
The Hammatts, jointly and severally, shall pay the sum
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of $3,000.00, towards the costs and expenses incurred by the
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United States Secret Service for the storage of the defendants.
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8.
The United States Secret Service shall cause the
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remaining defendants (the assets other than those identified in
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paragraphs 4 and 5 above) to be offered for sale at public
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auction.
The funds generated by the sale of the remaining
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defendants will be distributed in the following priority to the
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extent such amounts are available:
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a.
First, to the United States Secret Service for
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any remaining costs and expenses incurred in seizing, storing
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and selling the remaining defendants;
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b.
Second, to the extent sufficient sale funds are
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available, to MCWE, c/o of its counsel, Galuppo & Blake, A PLC,
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attn.: Andrew Hall, 2792 Gateway Road, Suite 102, Carlsbad,
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California 92009, in an amount not to exceed $5,200,000.00; and
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c.
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Third, the balance to the government.
Within thirty days of full payment of the costs and
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expenses described in paragraphs 6 and 7, the United States
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Secret Service shall make the property identified in paragraphs
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4 and 5 available to the Sorensons and Hammatts, respectively,
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or their designees, at the storage facility where the property
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is stored.
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identification documentation, and shall sign all releases
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required by the Secret Service prior to, or concurrently with,
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the release of the property.
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10.
The Sorensons and Hammatts shall provide
The Court finds the claimants, either individually or
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collectively, did not substantially prevail in this action
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within the meaning of 28 U.S.C. § 2465, and each of the parties
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hereto shall bear its own attorneys’ fees and costs.
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judgment shall constitute a certificate of reasonable cause
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within the meaning of 28 U.S.C. § 2465(a)(2).
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11.
This
There being no just reason for delay, the clerk is
hereby directed to enter this consent judgment, which
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constitutes a final judgment resolving this action as to all of
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the parties hereto, and all other potential claimants.
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12.
The Court retains jurisdiction over this case and the
parties hereto to effectuate the terms of this Consent Judgment.
IT IS SO ORDERED.
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DATED: December 1, 2014
_____________________________
THE HONORABLE JESUS G. BERNAL
UNITED STATES DISTRICT JUDGE
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CONSENT
The parties hereto consent to the above judgment and waive
any right of appeal of this judgment.
This consent judgment may be signed in counterparts and
shall be construed as a single document.
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DATED: _____________________
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STEPHANIE YONEKURA
Acting 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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__________________________________
LUCAS E. ROWE
Special Assistant United States
Attorney
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DATED: _____________________
GALUPPO & BLAKE, A PLC
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__________________________________
ANDREW HALL, ESQ.
Attorney for Claimant, MCWE
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DATED: _____________________
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LARRY SORENSON, Pro Se
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DATED: _____________________
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JANNETTE SORENSON, Pro Se
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DATED: _____________________
__________________________________
SYDNEY SORENSON, Pro Se
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CONSENT
The parties hereto consent to the above judgment and waive
any right of appeal of this judgment.
DATED: _____________________
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SUSAN HAMMATT, Pro Se
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DATED: _____________________
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__________________________________
SUSAN HAMMATT on behalf of
CHRISTOPHER HAMMATT, As Personal
Representative
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