United States of America v. Approximately $129,190.00 in U.S. Currency et al

Filing 47

Stipulation and ORDER to Withdraw the Claim and Answer of Cipriano Estrada With Default Judgment, signed by Magistrate Judge Sheila K. Oberto on 12/5/2011. (Marrujo, C)

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1 2 3 4 5 J. PATRICK McCARTHY Attorney at Law, #41920 901 H Street, Suite 304 Sacramento, CA 95814 (916) 442-1932 e-mail: patmccarthy901@hotmail.com Attorney for Claimant 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 ) ) ) Plaintiff, ) ) vs. ) ) ) APPROXIMATELY $129,190.00 ) IN US CURRENCY, and ) ) ) APPROXIMATELY $ 10,100.00 ) IN US CURRENCY, ) Defendants. .) ) CIPRIANO ESTRADA, ) ) ARGENIS AMITT NEVAREZ, ) ) Claimants. ) UNITED STATES OF AMERICA, 10 11 12 13 14 15 16 17 18 19 20 21 22 Case No.: 1:10-CV-01565-SKO STIPULATION AND ORDER TO WITHDRAW THE CLAIM AND ANSWER OF CIPRIANO ESTRADA WITH DEFAULT JUDGMENT It is hereby stipulated by and between the United States and Claimant Cipriano Estrada as follows: 1. Claimant Cipriano Estrada hereby irrevocably withdraws and releases with 23 prejudice the verified claim and answer he filed in this civil forfeiture action; consents to 24 entry of a default and default judgment against any interest he holds in the currency 25 named as defendants; and consents to forfeiture of the defendant assets. Stipulation & Order to Withdraw the Claim and Answer of Cipriano Estrada, With Default Judgment - 1 - 1 2 2. Nothing in this Stipulation shall be construed as an admission of liability, fault or wrongdoing by any party. 3 3. Each party shall bear his or its own costs and attorneys fees. 4 4. The parties and their undersigned attorneys agree to execute and deliver 5 such other and further documents as may be required to carry out the terms of this 6 Stipulation. 7 5. Each person signing this Stipulation warrants and represents that he or it 8 possess full authority to bind the party upon whose behalf he or it is signing to the terms 9 of this Stipulation. 10 6. Each party warrants and represents that no promises, inducements or other 11 agreements not expressly contained herein have been made; that this Stipulation 12 contains the entire agreement between the parties; and that the terms of this 13 Stipulation are contractual and not mere recitals. All prior oral understandings, 14 agreements and writing are superseded by this Stipulation and are of no force or effect. 15 7. Each party represents that he or it understands the content of this Stipulation 16 and enters it voluntarily, and has not been influenced by any person acting on behalf of 17 any other party. 18 19 Dated: November 30, 2011 20 21 BENJAMIN B. WAGNER United States Attorney By: /s/ Heather Mardel Jones HEATHER MARDEL JONES Assistant United States Attorney 22 23 24 Dated: November 28, 2011 25 Stipulation & Order to Withdraw the Claim and Answer of Cipriano Estrada, With Default Judgment /s/ J. Patrick McCarthy J. PATRICK McCARTHY, Attorney for Claimant, Cipriano Estrada - 2 - 1 ORDER 2 3 IT IS HEREBY ORDERED that: 4 1. The claim and answer of Cipriano Estrada are withdrawn with prejudice; 5 2. The Clerk of Court is DIRECTED to 6 a. Enter the default of Cipriano Estrada; 7 b. Enter default judgment against Cipriano Estrada; 8 3. Pursuant to the stipulated agreement of the parties (Doc. 43), which was 9 approved and granted by the Court, the claim and answer of claimant 10 Argenis Nevarez have been withdrawn with prejudice. (Doc. 44.) The 11 Clerk of Court is DIRECTED to 12 a. Enter the default of Argenis Nevarez; 13 b. Enter default judgment against Argenis Nevarez; and 14 4. This case shall not be closed. 15 16 17 18 IT IS SO ORDERED. 19 Dated: 20 December 5, 2011 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE DEAC _Signature- END: 21 ie14hje 22 23 24 25 Stipulation & Order to Withdraw the Claim and Answer of Cipriano Estrada, With Default Judgment - 3 -

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