United States of America v. Real Property located at 8221 King Road, Loomis, California, Placer County, APN: 037-330-004-000 et al

Filing 13

ORDER signed by Judge Garland E. Burrell, Jr. on 1/9/2013 ADOPTING the 12 Stipulation for Final Judgment of Forfeiture; ENTERING JUDGMENT against Claimant Terresa Rudd and all other potential claimants who have not filed claims in this action; FOR FEITING all right, title and interest of Terresa Rudd, including any interest that may have accrued, to the United States, to be disposed of according to law; ORDERING that all parties bear their own costs and attorneys' fees; ORDERING that Judge Garland E. Burrell, Jr. retain jurisdiction to enforce the terms of this Final Judgment of Forfeiture. (Michel, G)

1 BENJAMIN B. WAGNER
United States Attorney
2 KEVIN C. KHASIGIAN
Assistant U. S. Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
5 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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Plaintiff,
v.

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2:12-CV-02450-GEB-JFM

REAL PROPERTY LOCATED AT 8221
KING ROAD, LOOMIS, CALIFORNIA,
PLACER COUNTY, APN: 037-330-004000, INCLUDING ALL
APPURTENANCES AND
IMPROVEMENTS THERETO, and

FINAL JUDGMENT OF
FORFEITURE

APPROXIMATELY $45,976.42 IN U.S.
CURRENCY SEIZED FROM
MECHANICS BANK CHECKING
ACCOUNT NUMBER 41143841, HELD
IN THE NAME OF TERRESA RUDD,
DBA ROCK BOTTOM BEDS,
Defendants.

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Pursuant to the Stipulation for Final Judgment of Forfeiture filed herein, the Court

24 finds:
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1.

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

26 8221 King Road, Loomis, California, Placer County, APN: 037-330-004-000 (hereafter
27 “defendant property”) and $45,976.42 in U.S. Currency seized from Mechanics Bank
28 checking account number 41143841, held in the name Terresa Rudd, dba Rock Bottom
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Final Judgment of Forfeiture

1 Beds (hereafter “defendant funds”). The defendant funds were seized on or about May 30,
2 2012.
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2.

A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on

4 September 28, 2012, alleging that said defendant property and defendant funds are
5 subject to forfeiture to the United States pursuant to 18 U.S.C. §§ 981(a)(1)(A), 984, and
6 31 U.S.C. § 5317(c)(2).
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3.

On September 28, 2012, the Clerk issued a Warrant for Arrest for the

8 defendant funds and that warrant was duly executed on October 2, 2012.
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4.

On October 10, 2012, the defendant property was posted with a copy of the

10 Complaint and Notice of Complaint.
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5.

Beginning on October 25, 2012, for at least thirty consecutive days, the

12 United States published Notice of the Forfeiture Action on the official internet government
13 forfeiture site www.forfeiture.gov. A Declaration of Publication was filed on November 26,
14 2012.
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5.

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

16 site www.forfeiture.gov, actual notice or attempted notice was given to the following
17 individual(s): Terresa Rudd.
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6.

Claimant Terresa Rudd filed a claim to the defendant property and defendant

19 funds on October 8, 2012. No other parties have filed claims or answers in this matter,
20 and the time in which any person or entity may file a claim and answer has expired.
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7.

On or about October 18, 2012, a Stipulation and Order for Interlocutory Sale

22 of Defendant Real Property was filed. The defendant property sold for $105,000.00 and
23 that sale was finalized on October 19, 2012. The Internal Revenue Service – Criminal
24 Investigation received a wire transfer in the amount of $63,888.35 on October 23, 2012.
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Based on the above findings, and the files and records of the Court, it is hereby

26 ORDERED AND ADJUDGED:
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1.

The Court adopts the Stipulation for Final Judgment of Forfeiture entered

28 into by and between the parties to this action.
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Final Judgment of Forfeiture

2.

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That judgment is hereby entered against claimant Terresa Rudd and all

2 other potential claimants who have not filed claims in this action.
3.

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All right, title, and interest of Terresa Rudd in the following defendant

4 assets, together with any interest that may have accrued, shall be forfeited to the United
5 States pursuant to 18 U.S.C. §§ 981(a)(1)(A), 984, and 31 U.S.C. § 5317(c)(2), to be
6 disposed of according to law:
a.

Approximately $63,888.35 in U.S. Currency sub res in lieu of the real
property located at 8221 King Road, Loomis, California, Placer County,
APN: 037-330-004-000; and

b.

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Approximately $45,976.42 in U.S. Currency.

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4.

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That the United States and its servants, agents, and employees and all other

11 public entities, their servants, agents, and employees, are released from any and all
12 liability arising out of or in any way connected with the seizure, arrest, or forfeiture of the
13 defendant currency and defendant vehicle. This is a full and final release applying to all
14 unknown and unanticipated injuries, and/or damages arising out of said seizure, arrest, or
15 forfeiture, as well as to those now known or disclosed. The parties waived the provisions
16 of California Civil Code § 1542.
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5.

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

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6.

The U.S. District Court for the Eastern District of California, Hon. Garland

19 E. Burrell, Jr., District Judge, shall retain jurisdiction to enforce the terms of this Final
20 Judgment of Forfeiture.
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SO ORDERED.
Date: 1/9/2013

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GARLAND E. BURRELL, JR.
Senior United States District Judge

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DEAC_Sign ature-END:

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Final Judgment of Forfeiture

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Final Judgment of Forfeiture