United States of America v. 2002 AMGN UT Hummer et al
Filing
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FINAL JUDGMENT OF FORFEITURE signed by Judge Oliver W. Wanger on 6/2/2011. (Marrujo, C)
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BENJAMIN B. WAGNER
United States Attorney
RICHARD M. ELIAS
Assistant United States Attorney
United States Courthouse
2500 Tulare Street, Suite 4401
Fresno, California 93721
Telephone: (559) 497-4000
Facsimile: (559) 497-4099
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Attorneys for Plaintiff
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IN THE UNITED STATES DISTRICT COURT FOR THE
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EASTERN DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA,
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Plaintiff,
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v.
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2002 AMGN UT HUMMER,
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VIN: 137FA90382E200946,
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LICENSE NO. 5JEAU580;
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1970 FORD MUSTANG FASTBACK,
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VIN: 0R02F100917,
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LICENSE NO. 2YSD525;
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2004 PACE AMERICAN CARRY ON
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UTILITY TRAILER,
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VIN: 4P2FB12124U054420,
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LICENSE NO. 4FG6946; and
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2007 FOUR WINNS 220 HORIZON
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BOAT, VIN: GFNMA1451607,
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LICENSE NO. 5258 TK,
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Defendants.
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____________________________________ )
1:09-CV-01614-OWW-GSA
FINAL JUDGMENT OF FORFEITURE
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Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds:
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1.
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This is a civil forfeiture action against the above-captioned assets (hereafter
“defendant properties”) seized on or about February 24, 2009.
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A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on
September 11, 2009, alleging that said defendant properties are subject to forfeiture to the United
Final Judgment of Forfeiture
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States of America pursuant to 21 U.S.C. §§ 881(a)(4) and 881(a)(6).
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3.
On September 18, 2009, the Clerk issued a Warrant for Arrest for the defendant
properties and was duly executed on October 27, 2009.
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4.
Beginning on October 2, 2009, for at least 30 consecutive days, the United States
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published Notice of the Forfeiture Action on the official internet government forfeiture site
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www.forfeiture.gov. A Declaration for Publication was filed on December 7, 2009.
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5.
In addition to the public notice on the official internet government forfeiture site
www.forfeiture.gov, actual notice or attempted notice was given to the following individuals:
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a.
Isaias Lopez
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b.
Maria Licea
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c.
Bank of America, N.A.
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6.
Claimant Isaias Lopez filed a Claim of Ownership and Answers to the Complaint
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for Forfeiture to the defendant properties on September 28, 2009. Claimant Bank of America,
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N.A. filed a Claim on March 30, 2011, alleging a lien holder interest in the defendant 2007 Four
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Winns 220 Horizon Boat, and on April 20, 2011, filed an Answer to Complaint. No other parties
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have filed claims or answers in this matter, and the time in which any person or entity may file a
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claim and answer has expired.
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7.
The Clerk of the Court entered a Clerk's Certificate of Entry of Default against
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Maria Licea on January 25, 2010. Pursuant to Local Rule 540, the United States requests that as
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part of the Final Judgment of Forfeiture in this case the Court enter a default judgment against
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the interest, if any, of Maria Licea without further notice.
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Based on the above findings, and the files and records of the Court, it is hereby
ORDERED AND ADJUDGED:
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1.
The Court adopts the Stipulation for Final Judgment of Forfeiture entered into by
and between the parties to this action.
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2.
That judgment is hereby entered against claimant Isaias Lopez, potential claimant
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Maria Licea, and all other potential claimants who have not filed claims in this action.
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///
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Final Judgment of Forfeiture
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3.
Upon entry of a Final Judgment of Forfeiture herein, the following defendant
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properties shall be forfeited to the United States pursuant to 21 U.S.C. § 881(a)(4), to be
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disposed of according to law:
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a.
2002 AMGN UT Hummer, VIN: 137FA90382E200946,
License No. 5JEAU580,
b.
1970 Ford Mustang Fastback, VIN: 0R02F100917,
License No. 2YSD525, and
c.
2004 Pace American Carry On Utility Trailer,
VIN: 4P2FB12124U054420, License No. 4FG6946.
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4.
Upon entry of a Final Judgment of Forfeiture herein, but no later than 60 days
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thereafter, the 2007 Four Winns 220 Horizon Boat, VIN: GFNMA1451607, License No. 5258
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TK, shall be returned to claimant Isaias Lopez through his attorney Victor M. Perez.
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5.
That the United States and its servants, agents, and employees and all other public
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entities, their servants, agents, and employees, are released from any and all liability arising out
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of or in any way connected with the seizure, arrest, or forfeiture of the defendant properties. This
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is a full and final release applying to all unknown and unanticipated injuries, and/or damages
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arising out of said seizure, arrest, or forfeiture, as well as to those now known or disclosed. The
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parties waived the provisions of California Civil Code § 1542.
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6.
That pursuant to the stipulation of the parties, and the allegations set forth in the
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Complaint filed on September 11, 2009, the Court finds that there was reasonable cause for the
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seizure and arrest of the defendant properties, and for the commencement and prosecution of this
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forfeiture action, and a Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465 shall be
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entered accordingly.
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7.
All parties are to bear their own costs and attorneys fees.
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8.
The U.S. District Court for the Eastern District of California, Hon. Oliver W.
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Wanger, District Judge, shall retain jurisdiction to enforce the terms of this Final Judgment of
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Forfeiture.
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SO ORDERED THIS 26th day of May, 2011.
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/s/ OLIVER W. WANGER
United States District Judge
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Final Judgment of Forfeiture
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CERTIFICATE OF REASONABLE CAUSE
Based upon the allegations set forth in the Complaint filed September 11, 2009, and the
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Stipulation for Final Judgment of Forfeiture filed herein, the Court enters this Certificate of
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Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for the seizure
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or arrest of the defendant properties, and for the commencement and prosecution of this
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forfeiture action.
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DATED: June 2, 2011
/s/ OLIVER W. WANGER
United States District Judge
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Final Judgment of Forfeiture
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