United States of America v. Fifty-Nine (59) Firearms

Filing 71

ORDER granting 70 Motion for Forfeiture of Property. Signed by Judge William T. Moore, Jr on 10/2/15. (bcw)

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

OCT -2 ?:

UNITED STATES OF AMERICA,
Plaintiff,
V

L

L:

CASE NO. CV414-074

.

SIXTY-TWO (62) FIREARMS,
Defendants.

ORDER

Before the Court is the Government's Motion to Approve
Settlement and Consent Order of Forfeiture. (Doc. 70.) The
above-captioned matter involves sixty-two firearms that were
alleged to be stolen from Uniforms By Patrick, Inc., Virgil A.
Grace, and Patricia A. Grace. On April 7, 2014, the United
States of America filed a civil complaint seeking forfeiture of
fifty-nine of the firearms pursuant to 18 U.S.C. § 924(d) (1).
(Doc. 1.) The following day, this Court issued a Warrant for
Arrest as to Defendant firearms. (Doc 3.) On July 30, 2015, the
United States amended the complaint and increased the number of
firearms subject to forfeiture to sixty-two. (Doc. 31.)
Various parties filed claims to the property. (Doc. 34;
Doc. 35; Doc. 36; Doc. 40; Doc. 41; Doc. 43; Doc. 44; Doc. 46.)
Seeking to avoid the costs of litigation, the Government and
Claimants have reached an agreement resolving all claims in this
case. (Doc. 70-1.) After careful consideration, the Government's

motion is

GRANTED.

Accordingly, it is

HEREBY ORDERED

and

ADJUDGED:

1.

The Clerk of Court is

DIRECTED

to enter a Final

Judgment of Forfeiture in favor of the United States against
Firearm 35 of the Amended Complaint, specifically the Mag
Tactical Systems, LLC Rifle, SN: MTS04995;
2.

The

Bureau

of Alcohol,

Tobacco,

Firearms

and

Explosives shall distribute Firearm 1 of the Amended Complaint,
specifically the Glock Pistol, Model 22 1 Gen. 4, SN:UUB704; and
Firearm 2 of the Amended Complaint, specifically the Ruger
Pistol, Model LC9, SN: 324-0039 to Uniforms by Patrick, Inc. at
the close of the publication period;
3.

Firearms 3-34 and 36-62 of the Amended Complaint shall

be dismissed without prejudice, and the Bureau of Alcohol,
Tobacco, Firearms and Explosives shall return said firearms to
the parties from whom they were seized. Because these firearms
shall be dismissed without prejudice, the Court has not made any
adjudication on the merits or as to the rightful owner of the
firearms identified in this Paragraph;
4.

Claimants shall not be entitled to receive any further

payment from the United States as a result of the seizure;
5.

The parties shall be responsible for payment of their

own expenses, including attorney's fees, incurred in connection
with this proceeding.

2

6.

The Court expressly retains jurisdiction for thirty

days from the date of this order to enforce this order; and
7.

The Clerk of Court is DIRECTED close this case.
i

4P

SO ORDERED this £.day of October 2015.

WILLIAM T. MOORE, JR.
014
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

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