United States of America v. Real Property located at 1 Mile Up Hennessey Road, Burnt Ranch, California, APN: 008-430-02

Filing 76

FINAL JUDGMENT OF FORFEITURE signed by Judge Garland E. Burrell, Jr. on 4/11/2012. (Zignago, K.)

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BENJAMIN B. WAGNER
United States Attorney
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
501 I Street, Suite 10-100
Sacramento, California 95814-2322
Telephone: [phone]

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United States of America

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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,

) 2:09-CV-01940-GEB-GGH
)
Plaintiff,
) FINAL JUDGMENT OF FORFEITURE
)
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v.
)
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REAL PROPERTY LOCATED AT 1 MILE
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UP HENNESSEY ROAD, BURNT RANCH,
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CALIFORNIA, TRINITY COUNTY,
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APN: 008-430-02, INCLUDING
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ALL APPURTENANCES AND
)
IMPROVEMENTS THERETO,
)
)
Defendant.
)
__________________________________)

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Pursuant to the Stipulation for Final Judgment of
Forfeiture, the Court finds:
1.

This is a civil forfeiture action against the following

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real property located at 1 Mile Up Hennessey Road, Burnt Ranch,

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California, Trinity County, APN: 008-430-02, (hereafter referred

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to as the "defendant property") and more fully described as:

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That real property situated in the County of Trinity,
State of California, described as follows:

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A portion of the Northwest quarter of the Southwest
quarter of Section 10, Township 5 North, Range 6 East,

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Final Judgment of Forfeiture

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H.M., according to the official plat thereof and
particularly described as:

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Commencing at the Northeast corner of the Southeast
quarter of the Southeast quarter of Section 9,
Township 5 North, Range 6 East, H.M., the same being
the Northeast corner of the John T. Butler property,
running thence due East 431 feet, slope distance, to a
point which said point is Corner No. l of the property
herein to be described; running thence due North 313
feet to a point; and running thence due East 418 feet
to a point; and running thence due South 313 feet to a
point; and running thence due West 418 feet to the point
of beginning.

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EXCEPTING THEREFROM any portion lying outside of the
Northwest quarter of the Southeast quarter of Section
10, Township 5 North, Range 6 East, M.B.&M.

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APN: 008-430-02
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2.

A Verified Complaint for Forfeiture In Rem (“Complaint”)

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was filed on July 16, 2009, alleging that said defendant property

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is subject to forfeiture to the United States pursuant to 21

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U.S.C. § 881(a)(7).

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3.

Doc #1.

On July 30, 2009, the defendant property was posted with

a copy of the Complaint and Notice of Complaint.
4.

Doc #7.

Beginning on August 19, 2009, 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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on September 21, 2009.

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5.

A Declaration of Publication was filed

Doc #15.

In addition to the public notice on the official

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internet government forfeiture site www.forfeiture.gov, actual

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notice or attempted notice was given to the following

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individuals:

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a.

Thomas A. Pickle

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b.

James E. Pickle

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Final Judgment of Forfeiture

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c.

Terry J. Williams

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d.

JP Morgan Chase Bank

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6.

On August 17, 2009, a claim was filed on behalf of

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Thomas A. Pickle alleging an interest in the defendant property.

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On September 9, 2009, an answer to the complaint was filed on

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behalf of Thomas A. Pickle.1

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7.

Doc #9.

On January 15, 2010, the Clerk of the Court entered a

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Clerk's Certificate of Entry of Default against James E. Pickle

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and Terry J. Williams.

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8.

Doc #20.

On April 30, 2010, Chase filed a claim alleging an

interest in the defendant property.

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9.

Doc #24.

On June 16, 2010, claimant Erlinda Pickle filed a claim

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and answer alleging an interest in the defendant property.

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#29.

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10.

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On July 20, 2010, claimant Erlinda Pickle, as Probate

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Conservator of Thomas A. Pickle, filed a claim and answer

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alleging an interest in the defendant property.

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11.

Doc #31.

No other parties have filed claims or answers in this

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matter, and the time for which any person or entity may file a

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claim and answer has expired.

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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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The Court adopts the Stipulation for Final Judgment of

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Forfeiture entered into by and between the parties to this

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action.

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The Claim Against Real Property Subject to Forfeiture
Action on August 17, 2009 and the Answer to Verified Complaint
for Forfeiture In Rem; Demand for Jury Trial filed on September
9, 2009, both filed on behalf of Thomas A. Pickle, were withdrawn
on February 15, 2012. ECF No. 70.
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Final Judgment of Forfeiture

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2.

Judgment is hereby entered against claimant Erlinda

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Pickle, as Probate Conservator of Thomas A. Pickle, claimant

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Chase Home Finance, LLC, and all other potential claimants who

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have not filed claims in this action.

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3.

Within one hundred and eighty (180) days of the entry

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of Final Judgment of Forfeiture, Claimant Erlinda Pickle shall

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send a cashier’s check for $80,000.00 made payable to the U.S.

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Marshals Service to the U.S. Attorney’s Office, Attn: Asset

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Forfeiture Unit, 501 I Street, Suite 10-100, Sacramento, CA

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95814.

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substituted for the defendant property and forfeited to the

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United States pursuant to 21 U.S.C. § 881(a)(7).

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4.

All right, title, and interest in said funds shall be

Within thirty (30) days of full payment of the

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settlement amount, the United States shall record a withdrawal of

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lis pendens against the defendant property.

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Claimant Erlinda Pickle will obtain financing to meet the

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financial obligations set forth in subparagraph 13(a).

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such financing be obtained, the United States submit a withdrawal

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of lis pendens into escrow with the understanding said withdrawal

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of lis pendens will be recorded concurrently with the payment of

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$80,000.00 to the United States Marshals Service.

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5.

It is anticipated

Should

If payment in full is not made within one hundred and

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eighty (180) days of the entry of Final Judgment of Forfeiture,

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Claimant Erlinda Pickle will be deemed to be in default of the

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Stipulation for Final Judgment of Forfeiture and the U.S.

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Marshals Service shall be authorized to sell the defendant

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property, in the most commercially feasible manner, as soon as

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reasonably possible, for the maximum price.

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Through the sale of

Final Judgment of Forfeiture

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the defendant property, the United States shall receive the net

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proceeds up to $80,000.00, less payments for costs of selling the

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property, cleanup, other expenses incurred, and any legitimate

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liens that exist on the defendant property.

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individually, in her capacity as Conservator of the Estate of

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Thomas A. Pickle, shall receive all remaining amounts after the

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United States’ interest, payment of costs of sale, legitimate

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liens, and costs incurred by the U.S. Marshals Service.

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6.

Erlinda Pickle,

The United States and its servants, agents, and

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employees and all other public entities, their servants, agents,

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and employees, are released from any and all liability arising

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out of or in any way connected with the filing of the Complaint

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and the posting of the defendant real property with the Complaint

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and Notice of Complaint.

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applying to all unknown and unanticipated injuries, and/or

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damages arising out of the filing of the Complaint and the

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posting of the defendant real property with the Complaint and

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Notice of Complaint, as well as to those now known or disclosed.

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Claimant waived the provisions of California Civil Code § 1542.

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7.

This is a full and final release

There was reasonable cause for the posting of the

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defendant property and the commencement and prosecution of this

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forfeiture action, and the Court may enter a Certificate of

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Reasonable Cause pursuant to 28 U.S.C. § 2465.

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8.

Nothing in this settlement shall be construed to impair

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any rights claimant Chase Home Finance, LLC has under the

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promissory note and deed of trust that is the basis for its claim

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in this action.

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9.

All parties will bear their own costs and attorneys'

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Final Judgment of Forfeiture

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fees, if any.

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10.

The U.S. District Court for the Eastern District of

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California shall retain jurisdiction to enforce the terms of the

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Final Judgment of Forfeiture.

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Dated:

April 11, 2012

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GARLAND E. BURRELL, JR.
United States District Judge

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CERTIFICATE OF REASONABLE CAUSE
Based upon the allegations set forth in the Complaint filed
July 16, 2009, 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 posting of the defendant real property, and
for the commencement and prosecution of this forfeiture action.

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Dated:

April 11, 2012
GARLAND E. BURRELL, JR.
United States District Judge

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Final Judgment of Forfeiture