USA v. $73,849.91 Seized from Colorado Business Bank

Filing 10

ORDER of Dismissal With Prejudice. Granting 8 Plaintiff's Unopposed Motion to Dismiss Forfeiture Action. Case and cause of action is dismissed with prejudice, the parties to pay their own costs and attorney fees. This order shall serve as a Certificate of Reasonable Cause, by Judge Zita L. Weinshienk on 1/28/09.(gmssl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Zita L. Weinshienk Civil Action No. 08-cv-02630-ZLW-BNB UNITED STATES OF AMERICA, Plaintiff, v. $73,849.91 SEIZED FROM COLORADO BUSINESS BANK IN THE NAME OF STADIUM AUTO PARTS, Defendant. ORDER OF DISMISSAL WITH PREJUDICE This matter is before the Court on Plaintiff's Unopposed Motion to Dismiss Forfeiture Action (Doc. # 8). Based upon the facts and verification set forth in the Verified Complaint, and with the concurrence of Stadium Auto Parts, it appears by a preponderance of the evidence that there was reasonable cause for the seizure of the defendant property and a Certificate of Reasonable Cause shall issue. Therefore, pursuant to Fed. R. Civ. P. 41(a)(2) it is ORDERED that Plaintiff's Unopposed Motion to Dismiss Forfeiture Action (Doc. No. 8; Jan. 16, 2009) is Granted. It is FURTHER ORDERED that this case and cause of action is dismissed with prejudice, the parties to pay their own costs and attorney fees. It is

FURTHER ORDERED that this Order of Dismissal shall serve as a Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465(a)(2). DATED at Denver, Colorado, this 28th day of January, 2009. BY THE COURT: _______________________________ ZITA L. WEINSHIENK, Senior Judge United States District Court