USA v. 2363 Fairview Lane, et al

Filing 70

FINAL JUDGMENT OF FORFEITURE signed by Judge William B. Shubb on 4/6/10 (Lincoln Street property only). The Court adopts the Stipulation for Final Judgment of Forfeiture entered into by and between the parties to this action. Claimant Richard Ryan pa id the sum of $25,481.00 (the settlement amount) to the United States on 4/5/10, as the substitute res in lieu of the defendant real property. Nothing in this settlement shall be construed to impair any rights claimants American River Bank and the City of Roseville Redevelopment Agency have under their respective notes and deeds of trust that are the basis for their claims in this action. All parties are to bear their own costs and attorneys' fees. The Court shall maintain jurisdiction to enforce the terms of the Final Judgment of Forfeiture.

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BENJAMIN B. WAGNER United States Attorney KRISTIN S. DOOR SBN 84307 Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: [phone] Attorney for Plaintiff

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

UNITED STATES OF AMERICA, Plaintiff, v. REAL PROPERTY LOCATED AT 2363 FAIRVIEW LANE, PLACER COUNTY, NEWCASTLE, CALIFORNIA, BEARING APN:032-253-036, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, REAL PROPERTY LOCATED ON LINCOLN STREET, PLACER COUNTY, ROSEVILLE, CALIFORNIA, BEARING APN: 012-200-010, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, Defendants.

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2:04-CV-01867-WBS-JFM FINAL JUDGMENT OF FORFEITURE (LINCOLN STREET PROPERTY ONLY)

Pursuant to the Stipulation for Final Judgment of Forfeiture filed herein, the Court finds: 1. This is a civil forfeiture action against certain real

property located on Lincoln Street, Placer County, Roseville, California, APN: 012-200-010 (hereinafter referred to as the "defendant real property") and more fully described as:

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Final Judgment of Forfeiture

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The Southeasterly 53 feet of Lots Numbered 9, 10 and 11 and the Northeasterly 3 feet of the Southeasterly 53 feet of Lot Numbered 12, all in Block numbered 22 of the City of Roseville, according to the Map of the Town (now City) of Roseville, on file in the office of the Recorder of Placer County. 2. A Complaint for Forfeiture In Rem (hereafter

"Complaint") was filed on September 8, 2004, seeking the forfeiture of the defendant real property, alleging that said property is subject to forfeiture to the United States of America pursuant to 21 U.S.C. § 881(a)(7). 3. On October 4, 2004, the defendant real property was

posted with a copy of the Complaint and Notice of Complaint. 4. On October 21, 28, and November 4, 2004, a Public Notice

of Posting of the defendant real property appeared by publication in The Auburn Journal, a newspaper of general circulation in the county in which the defendant real property is located (Placer County). 5. In addition to the Public Notice of Posting having been

completed, the United States gave or attempted to give actual notice to the following individuals and entities: a. b. c. d. e. 6. Richard Ryan Barbara Ryan American River Bank City of Roseville Redevelopment Agency Donald V. Ryan

Richard Ryan, Barbara Ryan, American River Bank, and the

City of Roseville Redevelopment Agency have filed verified claims and answers alleging an interest in the defendant real property. 7. No other parties have filed claims or answers in this

matter and the time for which any person or entity may file a claim and answer has expired.

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Based on the above findings, and the Court being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED: 8. The Court adopts the Stipulation for Final Judgment of

Forfeiture entered into by and between the parties to this action. 9. Claimant Richard Ryan paid the sum of $25,481.00 (the

"settlement amount") to the United States on April 5, 2010, as the substitute res in lieu of the defendant real property. 10. All right, title, and interest in said funds shall be

substituted for the defendant real property and forfeited to the United States pursuant to 21 U.S.C. § 881(a)(7), to be disposed of according to law. 11. Within thirty (30) days of full payment of the

settlement amount, the United States will record a withdrawal of lis pendens against the defendant real property. 12. Claimants Richard Ryan, Barbara Ryan, American River

Bank and the City of Roseville Redevelopment Agency hereby release plaintiff United States of America and its servants, agents, and employees from any and all liability arising out of or in any way connected with the filing of the Complaint and the posting of the defendant real property with the Complaint and Notice of Complaint. This is a full and final release applying

to all unknown and unanticipated injuries, and/or damages arising out of or in any way connected with the filing of the Complaint and the posting of the defendant real property with the Complaint and Notice of Complaint. The parties waive the provisions of

California Civil Code § 1542.

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13.

There was reasonable cause for the posting of the

defendant real property, and the commencement and prosecution of this forfeiture action, and the Court may enter a Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465. 14. Nothing in this settlement shall be construed to impair

any rights claimants American River Bank and the City of Roseville Redevelopment Agency have under their respective notes and deeds of trust that are the basis for their claims in this action. 15. All parties are to bear their own costs and attorneys'

16. The Court shall maintain jurisdiction to enforce the terms of the Final Judgment of Forfeiture. SO ORDERED THIS 6th day of April, 2010.

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CERTIFICATE OF REASONABLE CAUSE Based upon the allegations set forth in the Complaint for Forfeiture In Rem filed September 8, 2004, and the Stipulation for Final Judgment of Forfeiture filed herein, the Court enters this Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for the posting of the defendant real property, and for the commencement and prosecution of this forfeiture action. Dated: April 6, 2010

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