USA v. Approximately $24,546.25 in U.S. Currency, et al.

Filing 31

DEFAULT JUDGMENT and Final Judgment of Forfeiture signed by Judge Oliver W. Wanger on 12/22/2009. (Bradley, A)

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BENJAMIN B. WAGNER United States Attorney DEANNA L. MARTINEZ Assistant United States Attorney United States Courthouse 2500 Tulare Street, Suite 4401 Fresno, California 93721 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA, Plaintiff, v. APPROXIMATELY $24,546.25 IN U.S. CURRENCY SEIZED FROM FARMERS AND MERCHANTS BANK OF CENTRAL CALIFORNIA ACCOUNT #547155701, HELD IN THE NAME OF STEVEN WALTER BUTTS AND KAREN JEAN FREYLING; APPROXIMATELY $939.73 IN U.S. CURRENCY SEIZED FROM FARMERS AND MERCHANTS BANK OF CENTRAL CALIFORNIA ACCOUNT #06-576079-01, HELD IN THE NAME OF STEVEN WALTER BUTTS, dba BUTTS DVD WHOLESALE; APPROXIMATELY $194.65 IN U.S. CURRENCY SEIZED FROM GOLDEN 1 CREDIT UNION ACCOUNT #899973, HELD IN THE NAME OF STEVEN WALTER BUTTS; APPROXIMATELY $91.41 IN U.S. CURRENCY SEIZED FROM FARMERS AND MERCHANTS BANK OF CENTRAL CALIFORNIA ACCOUNT #657155719, HELD IN THE NAME OF STEVEN WALTER BUTTS;

) 1:09-CV-00284-OWW-SMS ) ) DEFAULT JUDGMENT AND FINAL ) JUDGMENT OF FORFEITURE ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

DEFAULT JUDGMENT AND FINAL JUDGMENT OF FORFEITURE

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2002 CHRYSLER PT CRUISER, VIN: 3C4FY48BX2T295646, LICENSE NUMBER: 5PGG304;

) ) ) ) 1998 CHEVROLET TRUCK, ) VIN: 1GCEC19R5WE149357, ) LICENSE NUMBER: 5R67668; ) ) 2004 CHEVROLET TAHOE, ) VIN: 1GNEC13T24R292963, ) LICENSE NUMBER: 5ZUD095; and, ) ) THIRTY-FIVE (35) ITEMS OF ) MISCELLANEOUS ELECTRONIC ) EQUIPMENT, ) ) Defendants. ) _____________________________________) This matter is before the Court on plaintiff United States' Ex Parte Motion for Default Judgment and Final Judgment of Forfeiture filed August 7, 2009. The Magistrate Judge has recommended that the United States' motion for default judgment be granted. The time for objecting to the Order Vacating Hearing on Plaintiff's Motion for Default Judgment and Deeming Matter Submitted for Decision (Doc. 23) Findings and Recommendation Re: Plaintiff's Motion for Default Judgment (Doc. 23) Order to Plaintiff to Serve Findings and Recommendations Re: Plaintiff's Motion for Default Judgment on All Potential Claimants and to File Proof of Service of the Magistrate Judge have passed and no timely objections have been filed. An Order Adopting Findings and Recommendation (Doc. 27) Order Granting Motion for Default Judgment (Doc. 23) Order Directing Clerk to Enter Judgment -and- Final Judgment of Forfeiture for Plaintiff was filed on December 16, 2009. Based on the Magistrate Judge's Order Vacating Hearing on Plaintiff's Motion for Default Judgment and Deeming Matter Submitted for Decision (Doc. 23) Findings and Recommendation Re: Plaintiff's Motion for Default Judgment (Doc. 23) Order to Plaintiff to Serve Findings and Recommendations Re: Plaintiff's Motion for Default Judgment on All Potential Claimants and to File Proof of Service, the Order Adopting Findings and Recommendation (Doc. 27) Order Granting Motion for Default Judgment (Doc. 23) Order Directing Clerk to Enter Judgment -and- Final Judgment of Forfeiture for Plaintiff, and the files and records of the Court, it is ///

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ORDERED, ADJUDGED, AND DECREED: 1. The Court adopts the Magistrate Judge's October 23, 2009 Order Vacating Hearing

on Plaintiff's Motion for Default Judgment and Deeming Matter Submitted for Decision (Doc. 23) Findings and Recommendation Re: Plaintiff's Motion for Default Judgment (Doc. 23) Order to Plaintiff to Serve Findings and Recommendations Re: Plaintiff's Motion for Default Judgment on All Potential Claimants and to File Proof of Service in full. 2. 3. Karen Jean Freyling and Steven W. Butts are held in default. A judgment by default is hereby entered against any right, title, or interest in the

defendants approximately $24,546.25 in U.S. Currency seized from Farmers and Merchants Bank of Central California Account #547155701, held in the name of Steven Walter Butts and Karen Jean Freyling; approximately $939.73 in U.S. Currency seized from Farmers and Merchants Bank of Central California Account #06-576079-01, held in the name of Steven Walter Butts, dba Butts DVD Wholesale; approximately $194.65 in U.S. Currency seized from Golden 1 Credit Union Account #899973, held in the name of Steven Walter Butts; approximately $91.41 in U.S. Currency seized from Farmers and Merchants Bank of Central California Account #657155719, held in the name of Steven Walter Butts; thirty-five (35) items of miscellaneous electronic equipment; 2002 Chrysler PT Cruiser, VIN: 3C4FY48BX2T295646, License Number: 5PGG304; 1998 Chevrolet Truck, VIN: 1GCEC19R5WE149357, License Number: 5R67668; and, 2004 Chevrolet Tahoe, VIN: 1GNEC13T24R292963, License Number: 5ZUD095 of Karen Jean Freyling and Steven W. Butts and all other potential claimants who have not filed claims in this action. 4. A final judgment is hereby entered forfeiting all right, title, and interest in the

defendants approximately $24,546.25 in U.S. Currency seized from Farmers and Merchants Bank of Central California Account #547155701, held in the name of Steven Walter Butts and Karen Jean Freyling; approximately $939.73 in U.S. Currency seized from Farmers and Merchants Bank of Central California Account #06-576079-01, held in the name of Steven Walter Butts, dba Butts DVD Wholesale; approximately $194.65 in U.S. Currency seized from Golden 1 Credit Union Account #899973, held in the name of Steven Walter Butts; approximately $91.41 in U.S. Currency seized from Farmers and Merchants Bank of Central California Account #657155719, held in the name of

DEFAULT JUDGMENT AND FINAL JUDGMENT OF FORFEITURE

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Steven Walter Butts; thirty-five (35) items of miscellaneous electronic equipment; 2002 Chrysler PT Cruiser, VIN: 3C4FY48BX2T295646, License Number: 5PGG304; 1998 Chevrolet Truck, VIN: 1GCEC19R5WE149357, License Number: 5R67668; and, 2004 Chevrolet Tahoe, VIN: 1GNEC13T24R292963, License Number: 5ZUD095 to the United States of America, to be disposed of according to law, including all right, title, and interest of Karen Jean Freyling and Steven W. Butts. 5. All parties shall bear their own costs and attorneys' fees.

IT IS SO ORDERED. Dated: December 22, 2009 /s/ Oliver W. Wanger emm0d6UNITED STATES DISTRICT JUDGE

DEFAULT JUDGMENT AND FINAL JUDGMENT OF FORFEITURE

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