USA v. 13714 Poudre Canyon, Bellvue, Colorado et al

Filing 49

FINAL ORDER OF FORFEITURE AS TO $35,000.00 IN LIEU OF DEFENDANT 22301 NORTH COUNTY ROAD 27, BELLVUE, COLORADO. By Judge Robert E. Blackburn on 5/2/2011.(sah, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 10-cv-01189-REB-BNB UNITED STATES OF AMERICA, Plaintiff, v. 13714 POUDRE CANYON, BELLVUE, COLORADO, and 22301 NORTH COUNTY ROAD 27, BELLVUE, COLORADO, Defendants. _____________________________________________________________________ FINAL ORDER OF FORFEITURE AS TO $35,000.00 IN LIEU OF DEFENDANT 22301 NORTH COUNTY ROAD 27, BELLVUE, COLORADO _____________________________________________________________________ THIS MATTER comes before the Court on the United States’ Unopposed Motion for Final Order of Forfeiture as to $35,000.00 in lieu of defendant 22301 North County Road 27, Bellvue, Colorado, the Court having reviewed said Motion FINDS: THAT the United States commenced this action in rem pursuant to 21 U.S.C. § 881; THAT all known parties have been provided with an opportunity to respond and that publication has been effected as required by Supplemental Rule G(4); THAT the United States, claimant Farmer’s Bank, and interested parties Robin Jones and Joy Hopley have reached a settlement in this case, and have filed a Settlement Agreement with the Court resolving all issues in dispute; THAT no other claims to defendant 22301 North County Road 27, Bellvue, Colorado have been filed; THAT upon agreement of the parties, interested parties Robin Jones and Joy Hopley shall forfeit to the United States, $35,000.00 in readily available funds in lieu of defendant 22301 North County Road 27, Bellvue, Colorado; THAT upon entry of Final Order of Forfeiture, defendant 22301 North County Road 27, Bellvue, Colorado shall be dismissed and a Release of Lis Pendens filed in the property records of Larimer County, Colorado; THAT the United States has received $35,000.00 from Robin Jones; and THAT it further appears there is cause to issue a forfeiture order under 21 U.S.C. § 881. NOW, THEREFORE, IT IS ORDERED, DECREED AND ADJUDGED: THAT forfeiture of the $35,000.00 paid by interested parties Robin Jones and Joy Hopley to the United States in lieu of forfeiture of defendant 22301 North County Road 27, Bellvue, Colorado, is hereby entered in favor of the United States; THAT the United States shall have full and legal title to the forfeited $35,000.00, and may dispose of it in accordance with law and in accordance with the terms and provisions of the parties’ Settlement Agreement; THAT defendant 22301 North County Road 27, Bellvue, Colorado is hereby dismissed; THAT the Clerk of Court is directed to enter Judgment of forfeiture of the $35,000.00 paid by Robin Jones in lieu of forfeiture of defendant 22301 North County Road 27, Bellvue, Colorado, pursuant to Rule 58(a) of the Federal Rules of Civil Procedure; and THAT a Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, which this 2 Order constitutes, is granted as to defendant 22301 North County Road 27, Bellvue, Colorado. Dated May 2, 2011, at Denver, Colorado. BY THE COURT: 3

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