United States of America v. Real Property located at 25818 Burda Lane, Nevada City, California, Nevada County, APN: 60-380-02

Filing 27

FINAL JUDGMENT OF FORFEITURE signed by Senior Judge William B. Shubb on 6/14/2017 ADOPTING the 26 Stipulation for Final Judgment of Forfeiture; ENTERING JUDGMENT against Ethan Lee Stuart, Jaime Merenda and all other potential claimants; ORDERING Cl aimants Ethan Lee Stuart, Jaime Merenda to to send to the U.S. Attorney's Office within sixty (60) days, a cashier's check for $30,000.00 made payable to the U.S. Marshals Service; FORFEITING all right, title, and interest in the defen dant property to the United States of America, to be disposed of according to law; ORDERING the United States to record a withdrawal of lis pendens against the defendant property within thirty (30) days of full payment of the settlement amount; CAUTI ONING Claimants Ethan Lee Stuart, Jaime Merenda that a failure to make the payment in full within the stipulated time will result in the authorization of the sale of the defendant property by the U.S. Marshals Service; RELEASING the United States and its servants, agents, and employees and all other public entities, their servants, agents, and employees from any and all liability arising out of or in any way connected with the filing of the Complaint and the posting of the defendant property; ORDERING that all parties bear their own costs and attorneys' fees; ENTERING a Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465. CASE CLOSED. (Michel, G.)

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PHILLIP A. TALBERT
United States Attorney
KEVIN C. KHASIGIAN
Assistant U. S. Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]

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Attorneys for the United States

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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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2:12-CV-00813-WBS-EFB

Plaintiff,
v.

FINAL JUDGMENT OF FORFEITURE

REAL PROPERTY LOCATED AT 25818
BURDA LANE, NEVADA CITY,
CALIFORNIA, NEVADA COUNTY,
APN: 60 380 02, INCLUDING ALL
APPURTENANCES AND IMPROVEMENTS
THERETO,

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

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1.

This is a civil action in rem brought against certain real property located at 25818 Burda

21 Lane, Nevada City, California, Nevada County, APN: 60-380-02 ("defendant property") and more fully
22 described in Exhibit A, attached hereto and incorporated herein by reference.
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2.

A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on March 30, 2012,

24 alleging that said defendant property is subject to forfeiture to the United States pursuant to 21 U.S.C. §
25 881 (a)(7).
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3.

On May 18, 2012, the defendant property was posted with a copy of the Complaint and

27 Notice of Complaint.
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Final Judgment of Forfeiture

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4.

Beginning on May 11, 2012, for at least thirty consecutive days, the United States

2 published Notice of the Forfeiture Action on the official internet government forfeiture site
3 www.forfeiture.gov. A Declaration of Publication was filed on June 11, 2012.
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5.

In addition to the public notice on the official internet government forfeiture site

5 www.forfeiture.gov, actual notice or attempted notice was given to the following individual(s):
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a.

Ethan Lee Stuart

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b.

Jaime Crantelle Merenda

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6.

Claimant Ethan Lee Stuart filed a claim to the defendant property on May 3, 2012, and

9 an answer to the complaint on May 17, 2012. Claimant Jamie Merenda filed a claim to the defendant
10 property on May 21, 2012, and an answer to the complaint on June 14, 2012. No other parties have
11 filed claims or answers in this matter, and the time in which any person or entity may file a claim and
12 answer has expired.
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No other parties have filed claims or answers in this matter, and the time in which any

14 person or entity may file a 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

16 AND ADJUDGED:
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1.

The Court adopts the Stipulation for Final Judgment of Forfeiture entered into by and

18 between the parties to this action.
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2.

Judgment is hereby entered against claimants Ethan Lee Stuart and Jaime Crantelle

20 Merenda and all other potential claimants who have not filed claims in this action.
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3.

Within sixty (60) days of the entry of Final Judgment of Forfeiture, Claimants Ethan Lee

22 Stuart and Jaime Merenda shall send a cashier’s check for $30,000.00 made payable to the U.S.
23 Marshals Service to the U.S. Attorney’s Office, Attn: Asset Forfeiture Unit, 501 I Street, Suite 10-100,
24 Sacramento, CA 95814. All right, title, and interest in said funds shall be substituted for the defendant
25 property located at 25818 Burda Lane, Nevada City, California, Nevada County, APN: 60-380-02 and
26 forfeited to the United States pursuant to 21 U.S.C. § 881(a)(7), to be disposed of according to law.
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4.

Within thirty (30) days of full payment of the entire settlement amount of $30,000.00,

28 the United States shall record a withdrawal of lis pendens against the defendant real property.
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Final Judgment of Forfeiture
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5.

If payment in full is not made within the time stipulated above, Claimants Ethan Lee

2 Stuart and Jaime Merenda will be deemed to be in default of this stipulation and the U.S. Marshals
3 Service shall be authorized to sell the defendant property, in the most commercially feasible manner, as
4 soon as reasonably possible, for the maximum price. Through the sale of the defendant property, the
5 United States shall receive the net proceeds of the defendant property, less payments for costs of selling
6 the property, cleanup, other expenses incurred, and any legitimate liens that exist on the defendant
7 property.
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6.

The United States and its servants, agents, and employees and all other public entities,

9 their servants, agents, and employees, are released from any and all liability arising out of or in any way
10 connected with the filing of the Complaint and the posting of the defendant property with the
11 Complaint and Notice of Complaint. This is a full and final release applying to all unknown and
12 unanticipated injuries, and/or damages arising out of said filing and posting of the Complaint and
13 Notice of Complaint, or forfeiture, as well as to those now known or disclosed. The claimants waived
14 the provisions of California Civil Code § 1542.
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7.

All parties are to bear their own costs and attorneys' fees.

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8.

The U.S. District Court for the Eastern District of California, Hon. William B. Shubb,

17 District Judge, shall retain jurisdiction to enforce the terms of this Final Judgment of Forfeiture.
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9.

Based upon the allegations set forth in the Complaint filed March 30, 2012, and the

19 Stipulation for Final Judgment of Forfeiture filed herein, the Court enters this Certificate of Reasonable
20 Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for the filing of the Complaint and
21 the posting of the defendant property with the Complaint and Notice of Complaint, and for the
22 commencement and prosecution of this forfeiture action.
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SO ORDERED.

24 Dated: June 14, 2017
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Final Judgment of Forfeiture