United States of America v. 2001 Volkswagen Beetle, VIN: 3VWCK21CX1M459995, License Number 5GSH636 et al

Filing 21

FINAL JUDGMENT OF FORFEITURE signed by Senior Judge Lawrence K. Karlton on 06/21/11; judgment is hereby entered against claimant Vasquez and all other potential claimants who have not filed claims in this action; All parties are to bear their own costs and attorneys' fees; the Court enters this Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465. CASE CLOSED. (Michel, G)

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BENJAMIN B. WAGNER
United States Attorney
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]

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Attorneys for the United States

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Plaintiff,
v.
2001 VOLKSWAGEN BEETLE, VIN:
3VWCK21CX1M459995, LICENSE NUMBER
5GSH636,

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2003 DODGE RAM 1500 PICKUP, VIN:
1D7HA18D63J657709, LICENSE NUMBER
8B62913, AND

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ASSORTED JEWELRY,

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Defendants.

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2:08-CV-02198-LKK-DAD
FINAL JUDGMENT OF FORFEITURE

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Pursuant to the Stipulation for Final Judgment of Forfeiture,
the Court finds:
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This is a civil forfeiture action against a 2001

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Volkswagen Beetle, VIN: 3VWCK21CX1M459995, License Number 5GSH636,

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a 2003 Dodge Ram 1500 Pickup, VIN: 1D7HA18D63J657709, License

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Number 8B62913 (hereafter "defendant vehicles"), and Assorted

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Jewelry seized on or about April 24, 2008.

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2.

A Verified Complaint for Forfeiture In Rem (“complaint”)
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Final Judgment of Forfeiture

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was filed on September 17, 2008, alleging that the 2001 Volkswagen

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Beetle, VIN: 3VWCK21CX1M459995, License Number 5GSH636 is subject

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to forfeiture to the United States of America pursuant to 21 U.S.C.

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§ 881(a)(4), and that the 2003 Dodge Ram 1500 Pickup, VIN:

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1D7HA18D63J657709, License Number 8B62913 and the Assorted Jewelry

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are subject to forfeiture to the United States of America pursuant

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to 21 U.S.C. § 881(a)(6).

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3.

On or about October 22, 2008, the Clerk issued a

Warrant for Arrest of Articles In Rem for the defendant vehicles

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and Assorted Jewelry, and that warrant was duly executed on October

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23 and 29, 2008.

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4.

On October 31, 2008, the U.S. Marshals Service personally

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served copies of the complaint, application and order for

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publication, order regarding clerk’s issuance of warrant for

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arrest, warrant for arrest, order setting status conference, notice

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of availability of voluntary dispute resolution, notice of

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availability of magistrate judge, and notice of forfeiture action

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on Miguel Vasquez, Jr. (hereafter “Vasquez”) and on Frank Wesley

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Blue IV.

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5.

Beginning on September 26, 2008, for at least 30

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consecutive days, the United States published Notice of the

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Forfeiture Action on the official internet government forfeiture

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site www.forfeiture.gov.

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October 30, 2008.

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6.

A Declaration of Publication was filed on

Vasquez filed a Claim of Ownership of Property alleging

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that he is the owner of the above-captioned property, and filed an

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Answer to the complaint.

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7.

Apart from claimant Vasquez, no other parties have filed
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Final Judgment of Forfeiture

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claims or answers in this matter and the time for which any person

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or entity may file a claim and answer has expired.

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8.

The Clerk of the Court entered a Clerk's Certificate of

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Entry of Default against Frank Wesley Blue on February 6, 2009.

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Pursuant to Local Rule 540, the United States and claimant Vasquez

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thus join in a request that as part of this Final Judgment of

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Forfeiture the Court enter a default judgment against the interest,

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if any, of Frank Wesley Blue 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:
1.

The Court adopts the Stipulation for Final Judgment of

Forfeiture entered into by and between the parties to this action.
2.

That judgment is hereby entered against claimant Vasquez

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and all other potential claimants who have not filed claims in this

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action.

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3.

All right, title and interest of Vasquez in the

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2001 Volkswagen Beetle, VIN: 3VWCK21CX1M459995, License Number

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5GSH636 shall be forfeited to the United States pursuant to 21

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U.S.C. § 881(a)(4).

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the 2003 Dodge Ram 1500 Pickup, VIN: 1D7HA18D63J657709, License

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Number 8B62913 and the Assorted Jewelry shall be forfeited to the

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United States pursuant to 21 U.S.C. § 881(a)(6).

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4.

All right, title and interest of Vasquez in

Plaintiff United States of America and its servants,

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agents, and employees and all other public entities, their

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servants, agents, and employees, are released from any and all

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liability arising out of or in any way connected with the arrest,

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seizure, or forfeiture of the defendant vehicles and Assorted

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Jewelry.

This is a full and final release applying to all unknown
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Final Judgment of Forfeiture

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and unanticipated injuries, and/or damages arising out of said

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arrest, seizure, or forfeiture, as well as to those now known or

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disclosed.

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Code § 1542.

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5.

The parties waived the provisions of California Civil

That pursuant to the stipulation of the parties, and the

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allegations set forth in the Complaint filed on September 17, 2008,

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the Court finds that there was reasonable cause for the seizure and

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arrest of the defendant vehicles and the Assorted Jewelry, and a

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Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465 shall

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be entered accordingly.
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All parties are to bear their own costs and

attorneys' fees, if any.
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The Court shall maintain jurisdiction to enforce the

terms of this Final Judgment of Forfeiture.
SO ORDERED THIS 21st day of June, 2011.

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CERTIFICATE OF REASONABLE CAUSE
Based upon the allegations set forth in the Complaint filed

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September 17, 2008, and the Stipulation for Final Judgment of

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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

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reasonable cause for the seizure or arrest of the defendant

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vehicles and the Assorted Jewelry.

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DATED: June 21, 2011.

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Final Judgment of Forfeiture