USA v. Real Property Located at 2421 Carolyn Lane, Kingsburg, CA, APN: 394-203-25 et al

Filing 24

FINAL JUDGMENT of FORFEITURE signed by District Judge Anthony W. Ishii on 08/07/2013. CASE CLOSED. (Flores, E)

Download PDF
5 BENJAMIN B. WAGNER United States Attorney HEATHER MARDEL JONES Assistant United States Attorney United States Courthouse 2500 Tulare Street, Suite 4401 Fresno, California 93721 (559) 497-4000 Telephone (559) 497-4099 Facsimile 6 Attorneys for the United States 1 2 3 4 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, Plaintiff, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. REAL PROPERTY LOCATED AT 2421 CAROLYN LANE, KINGSBURG, CALIFORNIA, FRESNO COUNTY, APN: 394-203-25, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, REAL PROPERTY LOCATED AT 2639 W. FAIRMONT AVENUE, #204, FRESNO, CALIFORNIA, FRESNO COUNTY, APN: 424-222-24, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, REAL PROPERTY LOCATED AT 4136 N. THESTA STREET #5, FRESNO, CALIFORNIA, FRESNO COUNTY, APN: 436-350-06, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, REAL PROPERTY LOCATED AT 2131 S. VAN NESS AVENUE, FRESNO, CALIFORNIA, FRESNO COUNTY, APN: 480-132-24-01, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO Defendants. ) 1:10-CV-01013-AWI-GSA ) ) FINAL JUDGMENT OF FORFEITURE ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 29 1 Final Judgment of Forfeiture 1 Pursuant to the Waiver, Consent, and Stipulation, the Court finds: 2 1. This is a civil forfeiture action against defendants real property located at 2421 3 Carolyn Lane, Kingsburg, California, Fresno County, APN: 394-203-25, including any right, 4 title, and interest in the whole of any lot or tract of land any appurtenances or 5 improvements thereon, real property located at 2421 Carolyn Lane, Kingsburg, California, 6 Fresno County, APN: 394-203-25, including any right, title, and interest in the whole of any 7 lot or tract of land any appurtenances or improvements thereon, 2639 W. Fairmont Avenue 8 #204, Fresno, California, Fresno County, APN: 424-222-24, including any right, title, and 9 interest in the whole of any lot or tract of land any appurtenances or improvements 10 thereon, 4136 N. Thesta Street #5, Fresno, California, Fresno County, APN: 436-350-06, 11 including any right, title, and interest in the whole of any lot or tract of land any 12 appurtenances or improvements thereon, and, 2131 S. Van Ness Avenue, Fresno, 13 California, Fresno County, APN: 480-132-24, including any right, title, and interest in the 14 whole of any lot or tract of land any appurtenances or improvements thereon (hereafter 15 collectively “defendant real properties”). 16 2. A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on June 3, 17 2010, alleging that said defendant properties are subject to forfeiture to the United States 18 of America pursuant to 21 U.S.C. §§ 881(a)(6) 881(a)(7). 19 20 21 3. Beginning on June 15, 2010, for at least 30 consecutive days, the United States published notice of this action on the official government forfeiture site www.forfeiture.gov. 4. In addition to the public notice on the official internet government forfeiture 22 site www.forfeiture.gov, actual notice or attempted notice was given to the following 23 individuals: 24 a. Edwan Khalid Dablan 25 b. Amira Fattah 26 c. Horieh Jordanan Khalid Dablan 27 d. Anthony P. Capozzi, attorney 28 5. On September 26, 2011, Edwan Dablan and Horieh Jordanan Khalid Dablan 29 2 Final Judgment of Forfeiture 1 filed a claim. No answers were filed1/. To date, no other parties have filed claims or 2 answers in this matter, and the time in which any person or entity may file a claim and 3 answer has expired. 4 6. As part of their plea in the related criminal case of United States v. Edwan 5 Dablan, et al., 1:10-CR-00173-AWI-SKO, defendants Edwan Dablan, Khamal Dablan, 6 and Manuel Vasquez, executed a Waiver, Consent, and Stipulation to the forfeiture of 7 their right, title, and interest of the defendant real properties, subject to the terms set 8 forth below. In addition, claimants Millenium 1, Inc., Sadeddeen Dablan, Horieh 9 Jordanan Khalid Dablan, Nasry Khalid Dablan, Nabila Dablan, and potential claimants 10 Amira Fattah, Ahlam S. Ibrahim, and Hamed Ibrahim have executed the same Waiver, 11 Consent, and Stipulation. 12 7. On March 5, 2013, the United States received cashier’s checks in the total 13 amount of $30,000.00 which represents the substitute res in lieu of the real property 14 located at 2421 Carolyn Lane, Kingsburg, California, Fresno County, APN: 394-203-25. A 15 Notice of Withdrawal of Lis Pendens was recorded on May 9, 2013. 16 8. On May 2, 2013, the United States received cashier’s checks in the total 17 amount of $100,000.00 which represents the substitute res in lieu of the real property 18 located at 2131 S. Van Ness Avenue, Fresno, California, Fresno County, APN: 480-132- 19 24-01. A Notice of Withdrawal of Lis Pendens was recorded on May 9, 2013. 20 9. In accordance with the Waiver, Consent and Stipulation and the Stipulation 21 and Application for Preliminary Order of Forfeiture filed in the related criminal case, the 22 substitute res was to be received by the United States on or before the date of defendant 23 Edwan Dablan’s sentencing, which occurred on May 13, 2013. No other substitute res, 24 except for that as enumerated in paragraphs 7 and 8 above, has been paid. 25 Based on the above findings, and the files and records of the Court, it is hereby 26 27 28 1/ Prior to the deadline upon which to file an answer, the instant matter was stayed pending resolution of the related criminal action, United States v. Edwan Dablan, et al., 1:10-CR-00173-AWI-SKO. 29 3 Final Judgment of Forfeiture 1 2 3 4 ORDERED AND ADJUDGED: 1. The Court adopts the Waiver, Consent, and Stipulation entered into by and between the parties to this action. 2. That judgment is hereby entered against Edwan Dablan, Millenium 1, Inc., 5 Hana Sadeddeen Dablan, Horieh Jordanan Khalid Dablan, Amira Fattah, Ahlam S. 6 Ibrahim, Hamed Ibrahim, Nasry Khalid Dablan, Nabila Dablan, Khamal Dablan, and all 7 other potential claimants. 8 9 3. Upon entry of a Final Judgment of Forfeiture herein, the defendant real property located at 2639 W. Fairmont Avenue #204, Fresno, California, Fresno County, 10 APN: 424-222-24, more particularly described as: 11 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: 12 13 14 15 16 17 18 19 20 21 22 (A) UNIT NO. 4 OF LOT 14 OF WEST SHAW ESTATES, IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, AS SHOWN UPON AMENDED MAP ENTITLED TRACT NO. 2253, WEST SHAW ESTATES, RECORDED IN BOOK 25, PAGE 44 OF PLATS, FRESNO COUNTY RECORDS, AND AS SHOWN ON EXHIBIT “A” ATTACHED TO THE CONDOMINIUM PLAN DATED JUNE 1, 1970, RECORDED JUNE 19, 1970, IN BOOK 5795, PAGE 848 OF OFFICIAL RECORDS, AND AS DEFINED IN THE DECLARATION OF RESTRICTIONS (ENABLING DECLARATION ESTABLISHING A PLAN FOR CONDOMINIUM OWNERSHIP OF A PORTION OF WEST SHAW ESTATES) DATED JUNE 16, 1970, RECORDED JUNE 19, 1970, IN BOOK 5795, PAGE 848 OF OFFICIAL RECORDS; (B) AN UNDIVIDED 1/4 INTEREST IN COMMON AREA “A” OF LOT NO. 14 AS SHOWN ON EXHIBIT “A” AFORESAID AND AS DEFINED IN THE DECLARATION OF RESTRICTIONS, BEING ALL OF SUCH LOT NO. 14 AND THE IMPROVEMENTS THEREON, EXCEPT FOR THE UNITS; (C) AN UNDIVIDED 1/228 INTEREST IN COMMON AREA “B” AS SHOWN ON SUCH EXHIBIT “A” AND AS DEFINED IN SUCH RESTRICTIONS, BEING LOT 22 AND THE IMPROVEMENTS THEREON AS SHON UPON THE AMENDED MAP ENTITLED TRACT NO. 2253, WEST SHAW ESTATES, RECORDED MAY 10, 1970 IN BOOK 25, PAGE 44 OF PLATS, FRESNO COUNTY RECORDS, AND 24 (D) THE RIGHT OF INGRESS AND EGRESS OVER AND ACROSS THOSE PORTIONS OF LAND SHOWN AND DESIGNATED AS “ALLEY” ON EXHIBIT “A” AFORESAID. APN: 424-222-24 25 and defendant real property located at 4136 N. Thesta Street #5, Fresno, California, Fresno 26 County, APN: 436-350-06, more particularly described as: 27 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: 23 28 29 4 Final Judgment of Forfeiture 1 PARCEL 1: 2 UNIT 5 OF TRACT NO. 3513, MANCHESTER REGENCY CONDOMINIUMS, IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF, RECORDED IN BOOK 43, PAGES 54, 55 AND 56 OF PLATS, FRESNO COUNTY RECORDS. 3 4 5 6 7 8 9 10 PARCEL 2: AN UNDIVIDED 1/38TH INTEREST IN AND TO THE COMMON AREA AS SHOWN ON THE MAP OF TRACT NO. 3513, MANCHESTER REGENCY CONDOMINIUMS, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 43, PAGES 54, 55 AND 56 OF PLATS, FRESNO COUNTY RECORDS, AND FURTHER DESCRIBED IN THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND EASEMENTS ESTABLISHING A PLAN FOR CONDOMINIUM OWNERSHIP, RECORDED SEPTEMBER 17, 1985 AS DOCUMENT NO. 85093102, FRESNO COUNTY RECORDS, EXCEPTING THEREFROM, UNITS 1 TO 38 INCLUSIVE OF SAID MANCHESTER REGENCY CONDOMINIUMS PLAN ABOVE REFERRED TO. APN: 436-350-06 11 shall be forfeited to the United States pursuant to 21 U.S.C. §§ 881(a)(6) and 881(a)(7), to 12 be disposed of according to law. 13 4. Upon entry of a Final Judgment of Forfeiture herein, the $30,000.00 sub res in 14 lieu of the defendant real property located at 2421 Carolyn Lane, Kingsburg, California, 15 Fresno County, APN: 394-203-25, and the $100,000.00 sub res in lieu of the real property 16 located at 2131 S. Van Ness Avenue, Fresno, California, Fresno County, APN: 480-132-24- 17 01, including any interest that may have accrued on those amounts, shall be forfeited to the 18 United States pursuant to 21 U.S.C. §§ 881(a)(6) and 881(a)(7), to be disposed of according 19 to law. 20 5. That the United States of America and its servants, agents, and employees 21 and all other public entities, their servants, agents, and employees, are released from any 22 and all liability arising out of or in any way connected with the seizure, arrest, or forfeiture 23 of the defendant real properties. This is a full and final release applying to all unknown 24 and unanticipated injuries, and/or damages arising out of said seizure, arrest, or forfeiture, 25 as well as to those now known or disclosed. The parties to this agreement agree to waive 26 the provisions of California Civil Code § 1542. 27 28 6. That pursuant to the stipulation of the parties, and the allegations set forth in the Complaint filed on June 3, 2010, the Court finds that there was probable cause for 29 5 Final Judgment of Forfeiture 1 arrest and seizure of the defendant real properties, and for the commencement and 2 prosecution of this forfeiture action, and a Certificate of Reasonable Cause pursuant to 28 3 U.S.C. § 2465 shall be entered accordingly. 7. 4 That according to the stipulation of the parties and pursuant to 28 U.S.C. § 5 2465, Claimants did not substantially prevail in this action, and all parties are to bear their 6 own costs and attorney’s fees. 8. 7 8 The U.S. District Court for the Eastern District of California shall retain jurisdiction to enforce the terms of this Final Judgment of Forfeiture. 9 10 11 CERTIFICATE OF REASONABLE CAUSE 12 Based upon the allegations set forth in the Complaint filed June 3, 2010, and the 13 14 Waiver, Consent, and Stipulation filed herein, the Court enters this Certificate of 15 Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for the 16 seizure or arrest of the defendant properties, and for the commencement and prosecution of 17 this forfeiture action. 18 19 IT IS SO ORDERED. 20 Dated: August 7, 2013 21 22 SENIOR DISTRICT JUDGE DEAC_Sign ature-END: 0m8i788 23 24 25 26 27 28 29 6 Final Judgment of Forfeiture

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?