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 31

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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1 2 3 4 5 6 7 8 9 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 10 11 Attorneys for Plaintiff UNITED STATES OF AMERICA 12 UNITED STATES DISTRICT COURT 13 FOR THE CENTRAL DISTRICT OF CALIFORNIA 14 WESTERN DIVISION 15 16 UNITED STATES OF AMERICA, No. ED 14-CV-00004-JGB(DTBx) 17 Plaintiff, CONSENT JUDGMENT 18 v. 19 20 21 FIVE ALL-TERRAIN VEHICLES, ET AL, Defendants. 22 23 24 Larry Sorenson, Jan Sorenson, Sydney Sorenson, Susan Hammatt, Christopher Hammatt and Morris Cerullo World Evangelism, Inc., 25 Claimants. 26 27 28 1 1 IT IS HEREBY STIPULATED AND AGREED by and among plaintiff 2 United States of America; pro se claimants Larry Sorenson, Jan 3 Sorenson and Sydney Sorenson (collectively, the “Sorensons”); 4 Susan Hammatt and Christopher Hammatt (collectively, the 5 “Hammatts”); and claimant Morris Cerullo World Evangelism, Inc. 6 (“MCWE”), as follows: 7 On January 2, 2014, plaintiff United States of America 8 (hereafter, “plaintiff” or “government”) filed a Verified 9 Complaint for Forfeiture (the “Complaint”) alleging that the 10 11 12 13 14 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: 1. One 2004 Polaris All-Terrain Vehicle (VIN: 4XACH50AX4A308750) registered in the name of Christopher 15 Hammatt; 16 2. One 2013 Polaris Touring All-Terrain Vehicle (VIN: 17 4XADN8EA2DA563612) registered in the name of Christopher 18 Hammatt; 19 3. One 2007 Polaris Touring All-Terrain Vehicle (VIN: 20 4XATN76A17A222291) registered in the name of Christopher 21 22 23 24 25 26 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: 27 4XAUH9EA7DB623603) registered in the name of Christopher 28 Hammatt; 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 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; 8. One 2013 Yamaha snowmobile (VIN: JYE8HY006DA004641) registered in the name of S&H Partners, LLC; 9. 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; 11. One 2013 Polaris snowmobile (VIN: SN1CG6GS9DC755748) registered in the name of S&H Partners, LLC; 12. 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; 15. One 2005 Toyota 4Runner SUV (VIN: JTEBT14R950048386) registered in the name of Larry Sorenson; and 16. One 2013 Toyota FJ Cruiser SUV (VIN: JTEBU4BF3DK151328), registered to Larry Sorenson and Sydney Sorenson. 24 Larry Sorenson timely filed a verified claim and answer to 25 contest the forfeiture of his interests in defendants 1-11 and 26 14-16. Jan Sorenson timely filed a verified claim and answer to 27 contest the forfeiture of her interest in defendant 15. 28 3 Sydney 1 Sorenson timely filed a verified claim and answer to contest the 2 forfeiture of her interest in defendant 16. 3 behalf of Christopher Hammatt as personal representative, timely 4 filed a verified claim and answer to contest the forfeiture of 5 Christopher Hammatt’s interests in defendants 15, 7, 9, and 12- 6 13. 7 contest the forfeiture of her interests in defendants 12 and 13. 8 MCWE timely filed a verified claim and answer to contest the 9 forfeiture of its interests in defendants 1-13. 10 11 14 15 16 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. 12 13 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. // // 17 18 19 20 21 22 23 24 25 26 27 28 4 1 The Court, having been duly advised of and having 2 considered the matter, and based upon the mutual consent of the 3 parties, 4 HEREBY ORDERS, ADJUDGES, AND DECREES THAT: 5 1. This Court has jurisdiction over the subject matter of 6 this action and the parties to this Consent Judgment of 7 Forfeiture. 8 9 10 11 12 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. 4. The United States shall return the defendant 2012 13 Ford F-150 Raptor and the defendant 2013 Toyota FJ Cruiser to 14 Larry Sorenson according to paragraph 9 below. 15 5. The United States shall return the defendant 2013 Ford 16 F-150 truck and the defendant 2010 Mercedes-Benz S400 to Susan 17 Hammatt according to paragraph 9 below. 18 6. The Sorensons, jointly and severally, shall pay the 19 sum of $3,000.00, towards the costs and expenses incurred by the 20 United States Secret Service for the storage of the defendants. 21 7. The Hammatts, jointly and severally, shall pay the sum 22 of $3,000.00, towards the costs and expenses incurred by the 23 United States Secret Service for the storage of the defendants. 24 8. The United States Secret Service shall cause the 25 remaining defendants (the assets other than those identified in 26 paragraphs 4 and 5 above) to be offered for sale at public 27 auction. The funds generated by the sale of the remaining 28 5 1 defendants will be distributed in the following priority to the 2 extent such amounts are available: 3 a. First, to the United States Secret Service for 4 any remaining costs and expenses incurred in seizing, storing 5 and selling the remaining defendants; 6 b. Second, to the extent sufficient sale funds are 7 available, to MCWE, c/o of its counsel, Galuppo & Blake, A PLC, 8 attn.: Andrew Hall, 2792 Gateway Road, Suite 102, Carlsbad, 9 California 92009, in an amount not to exceed $5,200,000.00; and 10 11 c. 9. Third, the balance to the government. Within thirty days of full payment of the costs and 12 expenses described in paragraphs 6 and 7, the United States 13 Secret Service shall make the property identified in paragraphs 14 4 and 5 available to the Sorensons and Hammatts, respectively, 15 or their designees, at the storage facility where the property 16 is stored. 17 identification documentation, and shall sign all releases 18 required by the Secret Service prior to, or concurrently with, 19 the release of the property. 20 10. The Sorensons and Hammatts shall provide The Court finds the claimants, either individually or 21 collectively, did not substantially prevail in this action 22 within the meaning of 28 U.S.C. § 2465, and each of the parties 23 hereto shall bear its own attorneys’ fees and costs. 24 judgment shall constitute a certificate of reasonable cause 25 within the meaning of 28 U.S.C. § 2465(a)(2). 26 27 11. This There being no just reason for delay, the clerk is hereby directed to enter this consent judgment, which 28 6 1 constitutes a final judgment resolving this action as to all of 2 the parties hereto, and all other potential claimants. 3 4 5 12. The Court retains jurisdiction over this case and the parties hereto to effectuate the terms of this Consent Judgment. IT IS SO ORDERED. 6 7 DATED: December 1, 2014 _____________________________ THE HONORABLE JESUS G. BERNAL UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 1 2 3 4 5 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. 6 7 DATED: _____________________ 8 9 10 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 11 12 __________________________________ LUCAS E. ROWE Special Assistant United States Attorney 13 14 15 DATED: _____________________ GALUPPO & BLAKE, A PLC 16 17 __________________________________ ANDREW HALL, ESQ. Attorney for Claimant, MCWE 18 19 DATED: _____________________ __________________________________ LARRY SORENSON, Pro Se 20 21 22 DATED: _____________________ __________________________________ JANNETTE SORENSON, Pro Se 23 24 25 DATED: _____________________ __________________________________ SYDNEY SORENSON, Pro Se 26 27 28 8 1 2 3 4 CONSENT The parties hereto consent to the above judgment and waive any right of appeal of this judgment. DATED: _____________________ __________________________________ SUSAN HAMMATT, Pro Se 5 6 DATED: _____________________ 7 8 9 __________________________________ SUSAN HAMMATT on behalf of CHRISTOPHER HAMMATT, As Personal Representative 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9

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