United States of America v. 2005 Toyota 4-Runner Truck et al
Filing
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FINAL JUDGMENT OF FORFEITURE signed by Judge Garland E. Burrell, Jr. on 11/14/2011. (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: (916) 554-2700
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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,
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Plaintiff,
v.
2005 TOYOTA 4-RUNNER TRUCK,
VIN: JTEBU14R750068701,
CALIFORNIA LICENSE: 5MGM397,
APPROXIMATELY $1,193.00 IN
U.S. CURRENCY, and
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APPLE 16GB IPAD,
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Defendants.
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) 2:11-CV-02272-GEB-KJN
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) FINAL JUDGMENT OF FORFEITURE
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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 above-
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captioned assets (hereafter "defendant properties") seized on
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March 14, 2011.
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2.
A Verified Complaint for Forfeiture In Rem (“Complaint”)
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was filed on August 26, 2011, alleging that said defendant
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properties are subject to forfeiture to the United States of
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America pursuant to 18 U.S.C. § 981(a)(1)(c) and 49 U.S.C.
§ 80303.
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Final Judgment of Forfeiture
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3.
On August 29, 2011, the Clerk issued a Warrant for
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Arrest for the defendant properties, and that warrant was duly
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executed on September 1, 2011.
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4.
Beginning on September 15, 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 October 20, 2011.
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5.
A Declaration of Publication was filed
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.
Charles R. Marsellis
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b.
Wendi Michelle Gomez
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6.
Claimant Wendi Michelle Gomez filed a claim alleging an
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interest in all of the defendant properties on September 19,
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2011.
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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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7.
No other parties have filed claims or answers in this
The Clerk of the Court entered a Clerk's Certificate of
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Entry of Default against Charles R. Marsellis on October 13,
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2011.
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that as part of the Final Judgment of Forfeiture in this case the
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Court enter a default judgment against the interest, if any, of
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Charles R. Marsellis without further notice.
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Pursuant to Local Rule 540, the United States requests
Based on the above findings, and the files and records of
this Court, it is hereby ORDERED AND ADJUDGED:
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The Court adopts the Stipulation for Final Judgment of
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Final Judgment of Forfeiture
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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 Wendi
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Michelle Gomez and all other potential claimants who have not
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filed claims in this action.
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3.
Upon entry of a Final Judgment of Forfeiture forfeiting
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the defendant 2005 Toyota 4-Runner Truck, VIN: JTEBU14R750068701,
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California License Plate: 5MGM397 (“defendant vehicle”) to the
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United States herein, the U.S. Marshal Service shall sell the
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defendant vehicle in the most commercially feasible manner, as
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soon as reasonably possible, for the maximum price.
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Wendi Michelle Gomez agrees to execute promptly any documents
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that may be required to complete the sale of the defendant
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vehicle.
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4.
Claimant
Upon the sale of the defendant vehicle, the net sale
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proceeds, less any storage fees, maintenance fees, disposal costs
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and auctioneer fees, will be divided as follows:
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a.
To claimant Wendi Michelle Gomez: $500.00 of
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the net proceeds from the sale of the
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defendant vehicle.
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b.
To the United States of America: The
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remainder of the net sale proceeds.
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right, title, and interest in said funds
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shall be substituted for the defendant
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vehicle and forfeited to the United
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States pursuant to 18 U.S.C.
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and 49 U.S.C. § 80303, to be disposed of
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according to law.
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All
§ 981(a)(1)(c)
Final Judgment of Forfeiture
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Upon entry of a Final Judgment of Forfeiture herein,
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but no later than 60 days thereafter, the following defendant
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properties shall be returned to claimant Wendi Michelle Gomez:
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a.
Approximately $1,193.00 in U.S. Currency; and
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b.
Apple 16GB iPad.
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6.
Plaintiff United States of America and its servants,
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officers and employees are hereby released from any and all
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liability arising out of or in any way connected with the
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seizure, arrest, or forfeiture of the defendant properties.
This
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is a full and final release applying to all unknown and
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unanticipated injuries, and/or damages arising out of said
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seizure, arrest, or forfeiture, as well as to those now known or
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disclosed.
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of California Civil Code § 1542.
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7.
The parties to the stipulation waived the provisions
Pursuant to the stipulation of the parties, and the
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allegations set forth in the Complaint filed on or about August
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26, 2011, the Court finds that there was reasonable cause for the
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seizure and arrest of the defendant properties, and for the
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commencement and prosecution of this forfeiture action, and a
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Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465
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shall be entered accordingly.
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Final Judgment of Forfeiture
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8.
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fees.
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Dated:
All parties are to bear their own costs and attorneys'
November 14, 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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