United States of America v. $4,931.28 in Bank Account Funds From Golden State Bank Account Number '2059 et al

Filing 24

PARTIAL CONSENT JUDGMENT by Judge David O. Carter AS TO Dawn Tucker, Todd Tucker. The parties have stipulated and agreed and the Court hereby finds, that there was reasonable cause for the seizure of the defendant asset and the institution of this action. This judgment shall be construed as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465. Related to: Stipulation for Judgment 23 . (twdb)

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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
FRANK D. KORTUM
Assistant United States Attorney
Asset Forfeiture Section
Federal Courthouse, 14th Floor
312 North Spring Street
Los Angeles, California 90012
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
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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SOUTHERN DIVISION
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UNITED STATES OF AMERICA,
Plaintiff,

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vs.

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$4,931.23 IN BANK ACCOUNT
FUND FROM GOLDEN STATE BANK
ACCOUNT NUMBER ‘2059, ET AL.,
Defendant.
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TODD TUCKER, DAWN TUCKER,
CAIR MEDICAL, INC., REHAB
FITNESS, INC., AND A TO Z
SOLUTIONS, INC.
Claimants.

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Case No.: SACV 15-00426-DOC(RNBx)
PARTIAL CONSENT JUDGMENT AS TO
TODD TUCKER AND DAWN TUCKER [23]

[NOTE: THIS ORDER RESOLVES THE
CLAIM FOR ONE DEFENDANT ASSET,
BUT IS NOT DISPOSITIVE OF THE
CASE IN ITS ENTIRETY]

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Plaintiff and Claimants T. Tucker and D. Tucker have made a

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stipulated request for the entry of this partial consent

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judgment of forfeiture resolving the interest of T. Tucker and

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D. Tucker in the defendant asset, One 2005 BMW, VIN:

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WBABD33445JY99036 (“BMW”) registered to T. Tucker and D. Tucker,

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by ordering the return of the BMW to T. Tucker and D. Tucker.

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Claimants T. Tucker and D. Tucker filed a Verified Claim for the

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BMW on April 10, 2015.

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The Court, having considered the stipulation of the

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parties, and good cause appearing therefor, HEREBY ORDERS,

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ADJUDGES AND DECREES:

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The government has given and published notice of this

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action as required by law, including Supplemental Rule G for

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Admiralty or Maritime Claims and Asset Forfeiture Actions,

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Federal Rules of Civil Procedure, and the Local Rules of this

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Court.

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forfeiture of the defendant asset by anyone other than T. Tucker

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and D. Tucker and the time for filing claims and answers has

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expired.

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judgment and the defendant BMW described herein.

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claimants to the defendant asset described herein other than T.

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Tucker and D. Tucker are deemed to have admitted the allegations

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of the complaint for forfeiture with respect to this asset.

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2.

No claims or answers have been filed to contest the

This Court has jurisdiction over the parties to this
Any potential

The government shall make the necessary arrangements

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with the United States Marshal Service to have the BMW returned

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to claimants T. Tucker and D. Tucker.

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3.

T. Tucker and D. Tucker release and hold harmless the

United States of America, its agencies, agents, and officers,
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including employees and agents of the Federal Bureau of

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Investigation (“FBI”), and state and local government and law

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enforcement, from any and all claims, actions or liabilities

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arising out of or related to the seizure and retention of the

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defendant asset and/or this civil forfeiture action, including,

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without limitation, any claim for attorneys’ fees, costs or

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interest which may be asserted on behalf of T. Tucker and D.

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Tucker against the United States, whether pursuant to 28 U.S.C.

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§ 2465 or otherwise.

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4.

The parties have stipulated and agreed and the Court

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hereby finds, that there was reasonable cause for the seizure of

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the defendant asset and the institution of this action.

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judgment shall be construed as a certificate of reasonable cause

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pursuant to 28 U.S.C. § 2465.

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This

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Each of the parties to this partial consent judgment

shall bear its own fees and costs associated with this action.

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Dated: August 24, 2015
UNITED STATES DISTRICT JUDGE

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Presented by:

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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

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/s/
FRANK D. KORTUM
Assistant United States Attorney
Attorney for Plaintiff

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