United States of America v. Nine Assorted Firearms

Filing 18

ORDER granting 16 Joint Motion for Judgment of Forfeiture. Signed by Judge M. James Lorenz on 6/9/2012. (mtb)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Plaintiff,

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v.
NINE ASSORTED FIREARMS,

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Defendants.

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Case No. 12-cv-639-L(NLS)
ORDER GRANTING JOINT MOTION FOR
JUDGMENT OF FORFEITURE [DOC. 16]

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Having reviewed the Joint Motion For Judgment of Forfeiture and
good cause appearing therefor,
IT IS HEREBY ORDERED, ADJUDGED and DECREED:

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The Joint Motion is approved;
1.

The defendants to wit: (1) one Browning 12 gauge shotgun,

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serial number 391999; (2) one Remington Arms Browning 16 gauge

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shotgun, serial number 206972; (3)one Remington Arms 30-06 caliber

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rifle, serial number 75684; and (4) one Winchester Model 61 22 caliber

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rifle, serial number 18021 shall be returned to claimant Sheri Stewart

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as follows:

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A.

The above-referenced defendant five firearms shall, at

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claimant Sheri Stewart’s expense, be transferred directly from the

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custody of the U.S. Marshal for the Southern District of California

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to a federally licensed firearms dealer in the Middle District of

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Florida where claimant Sheri Stewart resides.

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B.

Claimant Sheri Stewart shall, in her district of

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residence in Florida and at her expense, take possession, custody, and

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control of the above-referenced firearms from the federally licensed

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firearms dealer.

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2.

The remaining defendants, to wit: (1) one Remington Arms 7mm

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magnum caliber rifle, serial number 6428380; (2) one U.S.A. Military

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Surplus M1 Carbine 30 caliber rifle, serial number 2661551; (3) one

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Smith & Wesson 38 caliber revolver, serial number 399697; (4) one

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Smith & Wesson 22 caliber revolver, serial number 495601; and (5) one

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flare

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United States.

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gun,

3.

serial

number

3861110/70

shall

be

forfeited

to

the

Claimant Stephen McLaren has abandoned his claims to each

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and all of the defendants NINE ASSORTED FIREARMS.

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each of the defendants NINE ASSORTED FIREARMS shall either be returned

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to claimant Sheri Stewart or forfeited to the United States.

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4.

As provided above,

Any costs incurred by the United States incident to the

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seizure, custody, and forfeiture of the defendants NINE ASSORTED

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FIREARMS shall be borne by the United States.

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5.

Claimants

have

agreed

that

by

entering

into

this

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stipulation, neither of them have “substantially prevailed” within the

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meaning of Title 28, United States Code, Section 2465.

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6.

The person or persons who made the seizure or the prosecutor

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shall not be liable to suit or judgment on account of such seizure in

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accordance with Title 28, United States Code, Section 2465.

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7.

Claimants have warranted and represented as a material fact

that they are the sole owners of each and all of the defendants
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NINE ASSORTED FIREARMS and further warranted that no other person or

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entity has any right, claim or interest in any or all of the

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defendants NINE ASSORTED FIREARMS, and that they will each defend and

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indemnify the United States against any and all claims made against

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the defendants or any of them on account of the seizure and forfeiture

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of one or more of the defendants NINE ASSORTED FIREARMS.

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8.

The

terms

of

this

settlement

do

not

affect

the

tax

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obligations, fines, penalties, or any other monetary obligations

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claimants, or either of them, may owe to the United States.

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9.

The parties to this settlement have agreed that each will

bear their own attorney’s fees and costs.
10.

Claimants, their agents, employees, or assigns, shall hold

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and save harmless the United States of America, its agents and

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employees, from any and all claims which might result from the seizure

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of one or all of the defendants NINE ASSORTED FIREARMS.

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11.

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accordingly.

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This case is hereby ordered closed. Let judgment be entered

DATED: June 29, 2012

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HON. M. JAMES LORENZ
United States District Judge

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