United States of America v. Approximately $160,243.00 in U.S. Currency

Filing 16

ORDER FOR FINAL JUDGMENT OF FORFEITURE signed by Judge Kimberly J. Mueller on 2/11/2015 dated *2/12/2015* The court ADOPTS the Stipulation for Final Judgment of Forfeiture 15 entered into by and between the parties to this action; Judgment is hereb y ENTERED against claimants Epifanio Reynoso, Sr., Maria Reynoso, Eddy Reynoso and Epifanio Reynoso, Jr. and all other potential claimants who have not filed claims in this action; upon entry of this Final Judgment of Forfeiture, $106,243.00 of the $160,243.00 in US Currency, together with any interest that may have accrued on the total amount seized, shall be forfeited to the US pursuant to 21:881(a)(6), to be disposed of according to law; upon entry of this Final Judgment of Forfeitu re herein, but no later than 60 days thereafter, $54,000.00 of the $160,243.00 in US Currency shall be returned to claimants Epifanio Reynoso, Sr., Maria Reynoso, Eddy Reynoso and Epifanio Reynoso, Jr., through their attorney Jesse I. Santa na; Claimants waive any and all claim or right to interest that may have accrued on the defendant currency; all parties are to bear their own costs and attorneys' fees; the undersigned district judge of the US District Court for the EDCA shall r etain jurisdiction to enforce the terms of this Final Judgment of Forfeiture; based upon the allegations set forth in the Complaint, and the Stipulation for Final Judgment of Forfeiture, the court enters this CERTIFICATE OF REASONABLE CAUSE under 28:2465, that there was reasonable cause for the seizure and arrest of the defendant currency, and for the commencement and prosecution of this forfeiture action. CASE CLOSED (Reader, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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No. 2:13-CV-00818-KJM-EFB

Plaintiff,
v.

ORDER

APPROXIMATELY $160,243.00 IN U.S.
CURRENCY,
Defendant.

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This is a civil action in rem brought against Approximately $160,243.00 in U.S.
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Currency, (“defendant currency”), which was seized on November 9, 2012. Complaint, ECF No.
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1 at 1. A verified complaint for forfeiture in rem was filed on April 25, 2013 alleging that
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defendant currency is subject to forfeiture to the United States as provided by 21 U.S.C. §
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881(a)(6). Id. On April 29, 2013, the Clerk issued a Warrant for Arrest of the defendant
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currency, and that warrant was duly executed on May 2, 2013. ECF No. 4. Beginning on May 1,
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2013, for at least 30 consecutive days, the United States published Notice of the Forfeiture Action
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on the official internet government forfeiture site www.forfeiture.gov. A Declaration of
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Publication was filed on May 31, 2013. ECF No. 9. In addition to the public notice on the
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official internet government forfeiture site www.forfeiture.gov, actual notice or attempted notice
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was given to the following individual(s):
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a. Epifanio Reynoso, Sr.

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b. Maria Reynoso

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c. Eddy Reynoso

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d. Epifanio Reynoso, Jr.

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e. Marina Rodriguez

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Claimants Epifanio Reynoso, Sr., Maria Reynoso, Eddy Reynoso and Epifanio

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Reynoso, Jr. filed a claim and answer alleging an interest in the defendant currency on May 20,

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2013. ECF No. 7. No other parties have filed claims or answers in this matter, and the time in

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which any person or entity may file a claim and answer has expired. The Clerk of the Court

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entered a Clerk’s Certificate of Entry of Default against Marina Rodriguez on January 23, 2015.

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ECF No. 14. Under Local Rule 540, the United States and claimant join in a request that as part

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of the Final Judgment of Forfeiture in this case, the court enter a default judgment against the

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interest, if any, of Marina Rodriguez without further notice. ECF No. 15.

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Based on the above and the files and records of the court, it is hereby ORDERED:

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1. The court adopts the Stipulation for Final Judgment of Forfeiture (ECF No. 15) entered

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into by and between the parties to this action.

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2. Judgment is hereby entered against claimants Epifanio Reynoso, Sr., Maria Reynoso,

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Eddy Reynoso and Epifanio Reynoso, Jr. and all other potential claimants who have not filed

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claims in this action.

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3. Upon entry of this Final Judgment of Forfeiture, $106,243.00 of the $160,243.00 in

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U.S. Currency, together with any interest that may have accrued on the total amount seized, shall

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be forfeited to the United States pursuant to 21 U.S.C. § 881(a)(6), to be disposed of according to

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law.

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4. Upon entry of this Final Judgment of Forfeiture herein, but no later than 60 days

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thereafter, $54,000.00 of the $160,243.00 in U.S. Currency shall be returned to claimants

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Epifanio Reynoso, Sr., Maria Reynoso, Eddy Reynoso and Epifanio Reynoso, Jr. , through their

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attorney Jesse I. Santana.

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

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their servants, agents, and employees, are released from any and all liability arising out of or in

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any way connected with the seizure, arrest, or forfeiture of the defendant currency. This is a full

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and final release applying to all unknown and unanticipated injuries, and/or damages arising out

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of said seizure, arrest, or forfeiture, as well as to those now known or disclosed. The claimants

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waive the provisions of California Civil Code § 1542.

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6. Claimants Epifanio Reynoso, Sr., Maria Reynoso, Eddy Reynoso and Epifanio

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Reynoso, Jr. waive any and all claim or right to interest that may have accrued on the defendant

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currency.

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

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8. The undersigned district judge of the U.S. District Court for the Eastern District of

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California shall retain jurisdiction to enforce the terms of this Final Judgment of Forfeiture.
9. Based upon the allegations set forth in the Complaint (ECF No. 1), and the Stipulation

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for Final Judgment of Forfeiture (ECF No. 15), the court enters this Certificate of Reasonable

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Cause under 28 U.S.C. § 2465, that there was reasonable cause for the seizure and arrest of the

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defendant currency, and for the commencement and prosecution of this forfeiture action.

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IT IS SO ORDERED.

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DATED: February 11, 2015.

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UNITED STATES DISTRICT JUDGE
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