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