United States of America v. Molen et al

Filing 336

ORDER TO VACATE PREMISES signed by District Judge Morrison C. England, Jr on 10/6/2017 ORDERING Every person occupying the Property at 189 Connors Avenue in Chico, California is ordered to vacate and depart from the Property, taking with them all of their personal property, no later than 12 oclock p.m. (noon) on 11/2/2017. At any time after noon on 11/2/2017, the United States Marshal for the Eastern District of California are authorized and directed to take all actions necessary to enter the Property, at any time of the day or night, and evict and eject all unauthorized persons located there. (cc USM) (Washington, S) Modified on 10/11/2017 (Washington, S).

1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT

8
9

EASTERN DISTRICT OF CALIFORNIA

10
11

UNITED STATES OF AMERICA,

12
13
14
15
16

Plaintiff,
v.

Case No. 2:10-CV-02591 MCE KJN
ORDER TO VACATE PREMISES

JAMES O. MOLEN,
SANDRA L. MOLEN, and
BLACK HOLE ADVENTURES TRUST,
Et al.,
Defendants.

17
18
19
20

In order to facilitate a foreclosure sale of 189 Connors Avenue in Chico,

21

California, (the “Property”), the United States filed a motion for order to vacate premises.

22

Counsel for the United States represents that a notice of opportunity to state a claim of

23

right to possession, a claim of right to possession, and a copy of the motion was

24

delivered or posted and mailed to occupants of the Property. A hearing on the motion

25
was held on November 2, at 2 p.m. For good cause shown,
26
27
28

IT IS ORDERED THAT
Every person occupying the Property at 189 Connors Avenue in Chico, California,
1

15866312.1

1

is ordered to vacate and depart from the Property, taking with them all of their personal

2

property, no later than 12 o’clock p.m. (noon) on November 2, 2017.

3

At any time after noon on November 2, 2017, the United States Marshal for the

4
Eastern District of California (including any Deputy United States Marshal and any
5
6

persons requested to assist the United States Marshal, including law enforcement

7

officers from the City of Chico and the County of Butte, collectively the “Officers”) are

8

authorized and directed to take all actions necessary to enter the Property, at any time of

9

the day or night, and evict and eject all unauthorized persons located there.

10
11

To accomplish this and to otherwise enforce this Order, the Officers are
authorized to enter the Property, and any and all structures and vehicles located

12
13
14

thereon, and to use force as necessary.
When the Officers conclude that all unauthorized persons have vacated, or been

15

evicted from, the Property, he shall relinquish possession and custody of the Property to

16

the Internal Revenue Service, or its designee.

17
18
19

Should any person fail to vacate and depart from the Property, or attempt to reenter onto the Property, such person will be found in contempt of this Court, and such
contempt may result in a fine, incarceration, or both.

20
21

No person shall be permitted to return to the Property, or remain thereon, without

22

the express written authorization by the United States Marshal, or the Internal Revenue

23

Service, or the United States Department of Justice. Unauthorized persons who re-enter

24

the Property after November 2, 2017, may be ejected by the Officers without further

25

order of the Court.

26

If any personal property is located on the Property when the Officers execute this

27
Order, the Officers and/or the Internal Revenue Service are authorized to move, remove,
28
2

15866312.1

1

store and/or abandon such personal property. Personal property remaining on the

2

Property is deemed forfeited and abandoned if it is not removed before November

3

2, 2017, and the United States Marshal and/or the Internal Revenue Service, and their

4
respective representatives and/or designees, are authorized to dispose of the personal
5
6
7

property in any manner deemed fit, including sale.
The United States shall provide notice of this order to all occupants of the

8

Property by hand delivery or by posting the order in a prominent location at the Property,

9

with a copy of the order to be mailed to the Property, within ten days after the date this

10
11

order is entered.
IT IS SO ORDERED.

12
13

Dated: October 6, 2017

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3

15866312.1