United States of America v. Real property located at 15340 Old Toll Road, Camtonville, California, APN: 064-210-032
Filing
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FINAL JUDGMENT OF FORFEITURE ORDER signed by Judge Garland E. Burrell, Jr., on 12/19/11. the Court finds that there was reasonable cause for the posting of the defendant real property, and for the commencement and prosecution of this forfeiture action, and a Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465 is hereby entered. (Kastilahn, A)
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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: (916) 554-2700
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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.
REAL PROPERTY LOCATED AT 15340
OLD TOLL ROAD, CAMPTONVILLE,
CALIFORNIA, YUBA COUNTY,
APN: 064-210-02, INCLUDING
ALL APPURTENANCES AND
IMPROVEMENTS THERETO,
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Defendant.
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2:11-CV-00091-GEB-KJN
FINAL JUDGMENT OF FORFEITURE
Pursuant to the Stipulation for Final Judgment of
Forfeiture, the Court finds:
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This is a civil forfeiture action against certain real
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property located at 15340 Old Toll Road, Camptonville,
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California, Yuba County, APN: 064-210-032 (hereafter "defendant
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real property") and more fully described as:
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Parcel 1 of Parcel Map 86-46, filed in the Office of the
County Recorder of the County of Yuba, State of California,
in Book 47 of Maps, page 37.
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2.
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A Verified Complaint for Forfeiture In Rem (hereafter
“Complaint”) was filed on January 10, 2011, alleging that said
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Final Judgment of Forfeiture
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defendant real property is subject to forfeiture to the United
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States of America pursuant to 21 U.S.C. § 881(a)(7).
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3.
Doc #1.
On March 22, 2011, the defendant real property was
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posted with a copy of the Complaint and Notice of Complaint.
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#12.
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4.
Doc
Beginning on February 26, 2011, 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 March 28, 2011.
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5.
A Declaration of Publication was filed
Doc #14.
In addition to the Public Notice of Posting having been
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completed, the United States gave actual notice to the following
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individuals:
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a.
Gregory S. McClellan
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b.
Estate of Aubrey B. Wall
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c.
David and Judy Duncan
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6.
The Clerk of the Court entered a Clerk's Certificate of
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Entry of Default against Gregory S. McClellan, the Estate of
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Aubrey B. Wall and David and Judy Duncan on March 28, 2011.
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#16.
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Order to Set Aside Default and Permit Filing of Claim and Answer.
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Doc #23.
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Entry of Default Against Gregory S. McClellan and allowed the
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responsive pleadings submitted by the claimant to be filed by the
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Clerk.
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Doc
On August 31, 2011, the parties filed a Stipulation and
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On September 1, 2011, the Court set aside the Clerk’s
Doc #24.
Claimant Gregory S. McClellan filed a claim to the
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defendant real property and an answer to the complaint on
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September 1, 2011.
Doc #25, 26.
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Final Judgment of Forfeiture
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8.
No other parties have filed claims or answers in this
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matter, and the time in 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:
1.
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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2.
Judgment is hereby entered against claimant Gregory S.
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McClellan and all other potential claimants who have not filed
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claims in this action.
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3.
All right, title and interest of Gregory S. McClellan in
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the defendant real property shall be forfeited to the United
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States pursuant to 21 U.S.C. § 881(a)(7).
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4.
The U.S. Marshals Service (or a designee) shall list the
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defendant real property for sale.
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shall have sole authority to select the means of sale, including
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sale by internet or through a licensed real estate broker, and
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shall have sole authority over the marketing and sale of the
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defendant real property.
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5.
The U.S. Marshals Service
The U.S. Marshals Service shall have the defendant real
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property appraised by a licensed appraiser of its choosing.
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U.S. Marshals Service and the appraiser may have access to the
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defendant real property upon 24 hours telephonic notice.
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6.
The
If necessary, the U.S. Marshals Service, and any real
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estate broker employed by the U.S. Marshals Service, shall have
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the right to put a "lock box" on the property to facilitate the
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marketing and sale of the property.
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Final Judgment of Forfeiture
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7.
The following costs, expenses and distributions shall be
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paid in escrow from the gross sales price in the following
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priority and to the extent funds are available:
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(a)
The costs incurred by the U.S. Marshals Service to
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the date of close of escrow, including the cost of posting,
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service, advertising, and maintenance.
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(b)
Any unpaid real property taxes, which shall be
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prorated as of the date of the entry of the Final Judgment of
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Forfeiture.
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(c)
A real estate commission not to exceed the U.S.
Marshals Service contractual brokerage fee.
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(d)
The seller shall pay any county transfer taxes.
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(e)
To the United States of America: the net proceeds
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from the sale of the real property.
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interest in said funds shall be substituted for the defendant
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real property and forfeited to the United States pursuant to 21
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U.S.C. § 881(a)(7), to be disposed of according to law.
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8.
All right, title, and
Any liens or encumbrances against the defendant
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real property that appear on record subsequent to the recording
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of plaintiff's lis pendens on January 18, 2011, and prior to the
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close of escrow may be paid out of escrow.
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pay any such lien or encumbrance at its sole discretion.
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9.
The United States may
The costs of a lender's policy of title insurance
(ALTA policy) shall be paid for by the buyer.
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All loan fees, "points" and other costs of obtaining
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financing shall be paid for by the buyer of the defendant
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property.
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11.
Each party shall execute all documents necessary to
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Final Judgment of Forfeiture
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close escrow, if such signatures are required by the title
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insurer.
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12.
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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13.
This is a full and final release
Claimant Gregory S. McClellan shall not take any
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action, or cause any other person to take any action, to damage
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or modify the defendant real property from its present condition
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or other action that may result in a reduction in value of the
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defendant real property.
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14.
Claimant Gregory S. McClellan shall remove all personal
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possessions and leave the property clean and in the same state of
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repair as the property was on the date it was posted.
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all of claimants personal possessions not removed within 72 hours
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after the entry of a Final Judgment of Forfeiture will be
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disposed of by the United States without further notice.
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15.
Any and
Pursuant to the stipulation of the parties, and the
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allegations set forth in the Complaint filed January 10, 2011,
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the Court finds that there was reasonable cause for the posting
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of the defendant real property, and for the commencement and
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Final Judgment of Forfeiture
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prosecution of this forfeiture action, and a Certificate of
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Reasonable Cause pursuant to 28 U.S.C. § 2465 shall be entered
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accordingly.
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16.
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fees, if any.
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17.
All parties will bear their own costs and attorneys'
Pending the sale of the property, and the disposition
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of the proceeds, the U.S. District Court for the Eastern District
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of California, Hon. Garland E. Burrell, Jr., District Judge,
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shall retain jurisdiction to enforce the terms of the Final
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Judgment of Forfeiture.
SO ORDERED THIS 19th day of December, 2011.
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GARLAND E. BURRELL, JR.
United States District Judge
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CERTIFICATE OF REASONABLE CAUSE
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Based upon the allegations set forth in the Complaint filed
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January 10, 2011, 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 posting of the defendant real property, and
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for the commencement and prosecution of this forfeiture action.
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Dated:
December 19, 2011
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GARLAND E. BURRELL, JR.
United States District Judge
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Final Judgment of Forfeiture
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