United States of America v. Approximately $10,700.00 U.S. Currency et al

Filing 31

ORDER Granting 30 Motion for Entry of a Final Order of Forfeiture. Signed by Judge Salvador Mendoza, Jr. (PL, Case Administrator)

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1 FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 2 Mar 10, 2016 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 3 SEAN F. MCAVOY, CLERK 4 UNITED STATES OF AMERICA, No. 2:15-CV-3135-SMJ 5 Plaintiff, 6 v. 7 8 9 ORDER GRANTING MOTION FOR ENTRY OF A FINAL ORDER OF FORFEITURE APPROXIMATELY $10,700.00 U.S. CURRENCY, 2007 CADILLAC ESCALADE SUV, BERETTA PIETRO S.P.A. 92A1 9MM CALIBER PISTOL, 10 Defendants. 11 12 Before the Court is the U.S. Attorney’s Office’s (USAO) Motion for Entry 13 of Final Order of Forfeiture Final, ECF No. 30. Plaintiff, United States of 14 America, alleged in a Verified Complaint for Forfeiture In Rem that the 15 Defendant property captioned above is subject to forfeiture to the United States 16 pursuant to 21 U.S.C. § 881. ECF No. 1. 17 The Defendant property being forfeited is described as follows: 18 1) Approximately $10,700.00 in U.S. currency, seized by DEA from Jose Manuel Quezada, and Berta Alisia Beltran, on or about March 2, 2015, pursuant to a federal search warrant executed at their residence in Mabton, Washington. 19 20 2) 2007 Cadillac Escalade SUV, Washington License Number ORDER - 1 1 ARR3702, VIN: 1GYFK63817R399719. 2 3) a Beretta Piertro S.P.A. 92A1 9mm caliber pistol, seized by DEA from Jose Manuel Quezada, and Berta Alisia Beltran, on or about March 2, 2015, pursuant to a federal search warrant executed at their residence in Mabton, Washington. 3 4 On October 16, 2015, the United States Marshals Service executed the 5 Warrant of Arrest In Rem for the Defendant $10,700.00 U.S. funds and the 2007 6 Escalade. The returned warrant was filed with the Court under the above cause 7 number on October 21, 2015. ECF No. 5. 8 On October 20, 2015, the United States Drug Enforcement Administration 9 executed the Warrant of Arrest In Rem for the Defendant Berretta Pietro Pistol. 10 The returned warrant was filed with the Court under the above cause number on 11 October 21, 2015. ECF No. 6. 12 In accordance with Fed. R. Civ. P. Rule G(4)(a)(iv)(C), Supplemental Rules 13 for Admiralty or Maritime Claims and Asset Forfeiture Actions, notice of civil 14 forfeiture was posted on an official government website www.forfeiture.gov 15 beginning October 26, 2015 and running through November 24, 2015. ECF No. 16 17, 17-1 and 17-2. Based upon the internet publication start date of October 26, 17 2015, the last date to file a timely claim if direct notice was not received was 18 December 25, 2015. 19 20 ORDER - 2 1 On or about October 23, 2015, BERTA ALISIA BELTRAN was served, 2 via certified mail, return receipt requested, with a copy of the Verified Complaint 3 for Forfeiture In Rem, Warrants of Arrest In Rem, and Notice of Complaint for 4 Forfeiture, at her last known address. ECF No. 9 and 9-1. Based upon the direct 5 notice service date of October 23, 2015, Berta Alisia Beltran’s deadline to file a 6 timely claim was November 27, 2015. To date, no response or claim of interest 7 has been received by the United States or filed with the Court, and the time 8 allowed for filing of her claim has expired. On or about December 9, 2015, the 9 United States filed its Notice of Motion for Default, which was served via 10 certified mail upon Berta Alisia Beltran, at her last known address. ECF No. 12. 11 To date, no response has been received from Ms. Beltran. On January 13, 2016, 12 the United States filed and served its Motion for Entry of Clerk’s Order of 13 Default. ECF No. 18. On January 14, 2016, a Clerk’s Order of Default was 14 entered against Berta Alisia Beltran. ECF No. 25. 15 On or about October 23, 2015, BACILIO RUIZ-GUZMAN was served in 16 care of his attorney Douglas K. Garrison, and at his last known address via 17 certified mail, return receipt requested, with a copy of the Verified Complaint for 18 Forfeiture In Rem, Warrants of Arrest In Rem, and Notice of Complaint for 19 Forfeiture. ECF No. 8 and 8-1. Based upon the direct notice service date of 20 October 23, 2015, Bacilio Ruiz-Guzman’s deadline to file a timely claim was ORDER - 3 1 November 27, 2015. To date, no response or claim of interest has been received 2 by the United States or filed with the Court, and the time allowed for filing of his 3 claim has expired. On or about December 9, 2015, the United States filed its 4 Notice of Motion for Default, which was served via certified mail upon Bacilio 5 Ruiz-Guzman in care of his attorney, Douglas A. Garrison, and at his last known 6 address. ECF No. 13. To date, no response has been received from Mr. Ruiz- 7 Guzman. On January 13, 2016, the United States filed and served its Motion for 8 Entry of Clerk’s Order of Default. ECF No. 19. On January 14, 2016, a Clerk’s 9 Order of Default was entered against Bacilio Ruiz-Guzman. ECF No. 26. 10 On or about October 23, 2015, ELVIRA M. RUIZ was served in care of her 11 attorney Douglas K. Garrison, and at her last known address, via certified mail, 12 return receipt requested, with a copy of the Verified Complaint for Forfeiture In 13 Rem, Warrants of Arrest In Rem, and Notice of Complaint for Forfeiture. ECF 14 No. 7 and 7-1. Based upon the direct notice service date of October 23, 2015, 15 Elvira M. Ruiz’s deadline to file a timely claim was November 27, 2015. To date, 16 no response or claim of interest has been received by the United States or filed 17 with the Court, and the time allowed for filing of her claim has expired. On or 18 about December 9, 2015, the United States filed its Notice of Motion for Default, 19 which was served via certified mail upon Elvira M. Ruiz in care of her attorney, 20 and at her last known address. ECF No. 14. To date, no response has been ORDER - 4 1 received from Ms. Ruiz. On January 13, 2016, the United States filed and served 2 its Motion for Entry of Clerk’s Order of Default. ECF No. 20. On January 14, 3 2016, a Clerk’s Order of Default was entered against 4 Elvira M. Ruiz. ECF No. 27. 5 On or about October 23, 2015, JOSE MANUEL QUEZADA was served at 6 his last known address, via certified mail, return receipt requested, with a copy of 7 the Verified Complaint for Forfeiture In Rem, Warrants of Arrest In Rem, and 8 Notice of Complaint for Forfeiture. ECF No. 11 and 11-1. Based upon the direct 9 notice service date of October 23, 2015, Jose Manuel Quezada’s deadline to file a 10 timely claim was November 27, 2015. To date, no response or claim of interest 11 has been received by the United States or filed with the Court, and the time 12 allowed for filing of his claim has expired. On or about December 9, 2015, the 13 United States filed its Notice of Motion for Default, which was served via 14 certified mail upon Jose Manuel Quezada at his last known address. ECF No. 15. 15 To date, no response has been received from Mr. Quezada. On January 13, 2016, 16 the United States filed and served its Motion for Entry of Clerk’s Order of 17 Default. ECF No. 21. On January 14, 2016, a Clerk’s Order of Default was 18 entered against Jose Manuel Quezada. ECF No. 28. 19 On or about October 23, 2015, SEAN MICHAEL TAYLOR was served at 20 his last known address, via certified mail, return receipt requested, with a copy of ORDER - 5 1 the Verified Complaint for Forfeiture In Rem, Warrants of Arrest In Rem, and 2 Notice of Complaint for Forfeiture. ECF No. 10 and 10-1. Based upon the direct 3 notice service date of October 23, 2015, Sean Michael Taylor’s deadline to file a 4 timely claim was November 27, 2015. To date, no response or claim of interest 5 has been received by the United States or filed with the Court, and the time 6 allowed for filing of his claim has expired. On or about December 9, 2015, the 7 United States filed its Notice of Motion for Default, which was served via 8 certified mail upon Sean Michael Taylor at his last known address. ECF No. 16. 9 To date, no response has been received from Mr. Taylor. On January 13, 2016, the 10 United States filed and served its Motion for Entry of Clerk’s Order of Default. 11 ECF No. 22. On January 14, 2016, a Clerk’s 12 Order of Default was entered against Sean Michael Taylor. ECF No. 29. 13 To date, no responses, motions, or claims to the Defendant property have been 14 received. 15 // 16 // 17 // 18 // 19 // 20 // ORDER - 6 1 Accordingly, IT IS HEREBY ORDERED: 1. U.S. Attorney’s Office’s (USAO) Motion for Entry of Final Order of 2 Forfeiture Final, ECF No. 30, is GRANTED. 3 2. The listed assets are FORFEITED to the United States and shall be 4 disposed of in accordance with law. 5 IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order 6 and provide copies to all counsel. 7 DATED this 10th day of March 2016. 8 9 SALVADOR MENDOZA, JR. United States District Judge 10 11 12 13 14 15 16 17 18 19 20 Q:\SMJ\Civil\2015\United States of America v Approximately $10,700 U S Currency et al-3135\Ord grant fort cl2 docx ORDER - 7

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