United States of America v. 2003 BMW 745LI, License Number: 5EUE994, VIN: WBAGN63463DR11218 et al

Filing 46

STIPULATION and ORDER to Withdraw the Claim and Answer of Jaswinder Lasher, with prejudice and that Default Judgment is entered against him, signed by Chief Judge Anthony W. Ishii on 07/01/2011. (Martin-Gill, S)

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1 4 BENJAMIN B. WAGNER United States Attorney HEATHER MARDEL JONES Assistant U.S. Attorney 2500 Tulare Street, Suite 4401 Fresno, California 93721 Telephone: (559) 497-4099 5 Attorneys for United States 2 3 6 7 8 IN THE UNITED STATES DISTRICT COURT FOR THE 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) 2003 BMW 745LI, ) VIN: WBAGN63463DR11218 ) LICENSE NUMBER 5EUE994, and ) ) APPROXIMATELY $56,500.00 IN ) U.S. CURRENCY, ) ) Defendants. ) _____________________________________) 1:08-CV-00461-AWI-SMS STIPULATION AND ORDER TO WITHDRAW THE CLAIM AND ANSWER OF JASWINDER LASHER, WITH DEFAULT JUDGMENT 19 20 21 It is hereby stipulated by and between the United States and Claimant Jaswinder Lasher as follows: 22 1. Claimant Jaswinder Lasher hereby irrevocably withdraws and releases with 23 prejudice the verified claim and answer he filed in this civil forfeiture action; consents 24 to entry of a default and default judgment against any interest he holds in the car and 25 currency named as defendants; and consents to forfeiture of the defendant assets. 26 27 28 2. Nothing in this Stipulation shall be construed as an admission of liability, fault, or wrongdoing by any party. 3. Each party shall bear his or its own costs and attorneys fees. 1 STIPULATION AND PROPOSED ORDER TO WITHDRAW THE CLAIM AND ANSWER OF JASWINDER LASHER, WITH DEFAULT JUDGMENT 1 4. The parties and their undersigned attorneys agree to execute and deliver 2 such other and further documents as may be required to carry out the terms of this 3 Stipulation. 4 5. Each person signing this Stipulation warrants and represents that he 5 possesses full authority to bind the party on whose behalf he is signing to the terms of 6 the Stipulation. 7 6. Each party warrants and represents that no promises, inducements, or other 8 agreements not expressly contained herein have been made; that this Stipulation 9 contains the entire agreement between the parties; and that the terms of this 10 Stipulation are contractual and not mere recitals. All prior oral understandings, 11 agreements, and writings are superseded by this Stipulation and are of no force or 12 effect. 13 7. Each party represents that he or it understands the content of this 14 Stipulation and enters it voluntarily, and has not been influenced by any person acting 15 on behalf of any other party. 16 17 Dated: June 30, 2011 BENJAMIN B. WAGNER United States Attorney 18 19 /s/ Heather Mardel Jones HEATHER MARDEL JONES Assistant United States Attorney 20 21 22 Dated: June 30, 2011 /s/ Roger T. Nuttall ROGER T. NUTTALL Attorney for Claimant Jaswinder Lasher (Original signature retained by attorney) 23 24 25 26 27 28 2 STIPULATION AND PROPOSED ORDER TO WITHDRAW THE CLAIM AND ANSWER OF JASWINDER LASHER, WITH DEFAULT JUDGMENT ORDER 1 2 3 IT IS HEREBY ORDERED that the claim and answer of Jaswinder Lasher are withdrawn with prejudice, and that a default judgment is entered against him. 4 5 IT IS SO ORDERED. 6 7 Dated: 0m8i78 July 1, 2011 CHIEF 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 3 STIPULATION AND PROPOSED ORDER TO WITHDRAW THE CLAIM AND ANSWER OF JASWINDER LASHER, WITH DEFAULT JUDGMENT

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