United States of America v. Approximately $49,990.00 in U.S. Currency
Filing
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STIPULATION AND ORDER for Final Judgment of Forfeiture signed by Judge Kimberly J. Mueller on 4/20/15 re 16 . (Meuleman, A)
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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,
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No. 2:14-cv-02639-KJM-AC
v.
ORDER
APPROXIMATELY $49,990.00 IN U.S.
CURRENCY,
Defendant.
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Pursuant to the Stipulation for Final Judgment of Forfeiture, ECF No. 16, the court
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finds:
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This is a civil action against Approximately $49,990.00 in U.S. Currency
(“Defendant Currency”) seized on or about May 1, 2014.
2.
A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on
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November 12, 2014, alleging that said defendant currency is subject to forfeiture to the United
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States pursuant to 21 U.S.C. § 881(a)(6).
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3.
On November 18, 2014, the Clerk issued a Warrant for Arrest for the
defendant currency, and that warrant was executed on November 24, 2014.
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4.
Beginning on November 18, 2014, for at least 30 consecutive days, the
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United States published Notice of the Forfeiture Action on the official internet government
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forfeiture site www.forfeiture.gov. A Declaration of Publication was filed on January 15, 2015.
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5.
In addition to the public notice on the official internet government
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forfeiture site www.forfeiture.gov, actual notice or attempted notice was given to the following
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individual(s):
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a.
Vitikami Pisinga Vaenuku
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b.
Guadalupe Barron-Magana
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c.
Javier Gomez-Sosa
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d.
Kalatiola Lutu
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6.
Claimant Sina Vaenuku filed a claim alleging an interest in the Defendant
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Currency on January 28, 2015. No other parties have filed claims or answers in this matter, and
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the time in which any person or entity may file a claim and answer has expired.
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7.
The Clerk of the Court entered a Clerk’s Certificate of Entry of Default
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against Vitikami Pisinga Vaenuku, Guadalupe Barron-Magana, Javier Gomez-Sosa, and Kalatiola
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Lutu on March 13, 2015. ECF No. 15. Pursuant to Local Rule 540, the United States and
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claimant thus join in a request that as part of this Final Judgment of Forfeiture the court enter a
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default judgment against the interests, if any, of Vitikami Pisinga Vaenuku, Guadalupe Barron-
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Magana, Javier Gomez-Sosa, and Kalatiola Lutu without further notice.
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Based on the above findings, and the files and records of the court, it is hereby
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ORDERED AND ADJUDGED:
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1.
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The court adopts the Stipulation for Final Judgment of Forfeiture entered
into by and between the parties to this action.
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Judgment is hereby entered against claimant Heath Smith and all other
potential claimants who have not filed claims in this action.
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Upon entry of this Final Judgment of Forfeiture, $39,990.00 of the
Approximately $49,990.00 in U.S. Currency together with any interest that may have accrued on
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the total amount seized, shall be forfeited to the United States pursuant to 21 U.S.C. § 881(a)(6),
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to be disposed of according to law.
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Upon entry of this Final Judgment of Forfeiture, but no later than 60 days
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thereafter, $10,000.00 of the Approximately $49,990.00 in U.S. Currency shall be returned to
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Claimant Sina Vaenuku.
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5.
The United States and its servants, agents, and employees and all other
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public entities, their servants, agents, and employees, are released from any and all liability
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arising out of or in any way connected with the seizure, arrest, or forfeiture of the defendant
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currency. This is a full and final release applying to all unknown and unanticipated injuries,
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and/or damages arising out of said seizure, arrest, or forfeiture, as well as to those now known or
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disclosed. The parties waived the provisions of California Civil Code § 1542.
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6.
Claimant waived any and all claim or right to interest that may have
accrued on the defendant currency.
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7.
All parties are to bear their own costs and attorneys’ fees.
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8.
The undersigned shall retain jurisdiction to enforce the terms of this Final
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Judgment of Forfeiture.
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Based upon the allegations set forth in the Complaint filed November 12,
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2014, and the Stipulation for Final Judgment of Forfeiture filed herein, the court enters this
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Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for
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the seizure and arrest of the defendant currency, and for the commencement and prosecution of
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this forfeiture action.
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IT IS SO ORDERED.
DATED: April 20, 2015.
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UNITED STATES DISTRICT JUDGE
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