United States of America v. 2006 Toyota Tacoma Pickup Truck, VIN: 5TEUU42N36Z218237

Filing 14

FINAL JUDGMENT OF FORFEITURE signed by Judge William B. Shubb on 4/6/10. CASE CLOSED. (Owen, K)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BENJAMIN B. WAGNER United States Attorney SARALYN M. ANG-OLSON, SBN 197404 Special Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916) 554-2700 Attorneys for Plaintiff United States of America IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, Plaintiff, v. 2006 TOYOTA TACOMA PICKUP TRUCK, VIN: 5TEUU42N36Z218237, CALIFORNIA LICENSE NUMBER: 8J56630, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) 2:09-CV-03021-WBS-JFM FINAL JUDGMENT OF FORFEITURE Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds as follows: 1. This is a civil forfeiture action against a 2006 Toyota Tacoma Pickup Truck, VIN: 5TEUU42N36Z218237, California License Number 8J56630 ("defendant vehicle"). 2. A Verified Complaint for Forfeiture In Rem was filed on October 29, 2009 ("Verified Complaint"), seeking the forfeiture of the defendant vehicle, alleging that said property is subject to forfeiture to the United States of America pursuant to 21 U.S.C. § 881(a)(4). 3. On or about November 3, 2009, the Court issued a Warrant 1 Final Judgment of Forfeiture 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 for Arrest of Articles In Rem for the defendant vehicle, and that warrant was duly executed on November 18, 2009. 4. Beginning on November 10, 2009, for at least 30 consecutive days, the United States published Notice of the Forfeiture Action on the official internet government forfeiture site www.forfeiture.gov. on December 10, 2009. 5. In addition to the public notice on the official A Declaration of Publication was filed internet government forfeiture site www.forfeiture.gov, actual notice or attempted notice was given to the following entities and individuals: a. b. 6. David Michael Bricknell Stephen A. Munkelt (attorney). On November 12, 2009, David Bricknell filed a verified Claim Opposing Forfeiture alleging that he is the owner of the defendant vehicle. On December 3, 2009, David Bricknell filed an On March 22, 2010, David Answer to the Verified Complaint. Bricknell filed a Withdrawal of Claim; Consent for Dismissal, thereby extinguishing his interest in the defendant vehicle. 7. Apart from claimant Bricknell, no other party has filed a claim or answer in this matter, and the time for which any person or entity may file a claim and answer has expired. 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 David 2 Final Judgment of Forfeiture 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Bricknell and all other potential claimants who have not filed claims in this action. 3. All right, title and interest of David Bricknell in the defendant vehicle shall be forfeited to the United States pursuant to 21 U.S.C. § 881(a)(4), to be disposed of according to law. 4. That plaintiff United States of America and its servants, agents, and employees and all other public entities, their servants, agents, and employees, are released from any and all liability arising out of or in any way connected with the arrest, seizure, or forfeiture of the defendant vehicle. a full and final release applying to all unknown and unanticipated injuries, and/or damages arising out of said arrest, seizure, or forfeiture, as well as to those now known or disclosed. The parties waive the provisions of California Civil This is Code § 1542. 5. fees. 6. The Court shall maintain jurisdiction to enforce the All parties are to bear their own costs and attorneys' terms of the Final Judgment of Forfeiture. SO ORDERED THIS 6th day of April, 2010. 3 Final Judgment of Forfeiture

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