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United States v. One 2004 Ford F-150 Truck

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION


January 26, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ONE 2004 FORD F-150 TRUCK, ONE 2000 CHEVROLET SILVERADO TRUCK, AND ONE 2000 FORD MUSTANG, DEFENDANTS.
FAUSTO NAVARRETE, DESERAY NAVARRETE, AND DAVID GAME, CLAIMANTS.

The opinion of the court was delivered by: The Honorable Florence Marie Cooper United States District Judge

CONSENT JUDGMENT AS TO THE FOLLOWING DEFENDANT ASSETS ONLY: ONE 2004 FORD F-150 TRUCK, VIN 1FTPW12524KD75457, ONE 2000 CHEVROLET SILVERADO TRUCK, VIN 2GCEC19V8Y1391173 AND ONE 2000 FORD MUSTANG, VIN 1FAFP404XYF144704.

A. On or about February 14, 2008, plaintiff United States of America ("the government" or "the United States of America") filed a Complaint for Forfeiture alleging that the defendants ("defendant vehicles"), One 2004 F-150 Truck, VIN 1FTPW12524KD75457; One 2000 Chevrolet Silverado Truck, VIN 2GCEC19V8Y1391173 and One 2000 Ford Mustang, VIN 1FAFP404XYF144704,("Ford F-150" (or "F-150") or "Chevrolet Silverado", or "Ford Mustang" or defendant vehicles") are subject to forfeiture pursuant to 21 U.S.C. §§ 881 (a)(4) and (a)(6). On or about April 2, 2008, claimant Fausto Navarrete filed a claim to One 2004 F-150 Truck, VIN 1FTPW12524KD75457. On or about April 15, 2008, claimant Fausto Navarrete filed an answer.

B. On or about April 2, 2008, claimant Deseray Navarrete filed a claim to One 2000 Ford Mustang, VIN 1FAFP404XYF144704. On or about April 15, 2008, claimant Deseray Navarrete, filed an answer.

C. On or about April 2, 2008, claimant David Game filed a claim to One 2000 Chevrolet Truck Silverado, VIN 2GCEC19V8Y1391173 . On or about April 15, 2008, claimant David Game, filed an answer.

D. The government and claimants Fausto Navarrete, Deseray Navarrete and David Game, have now agreed to settle this matter to avoid further litigation between them by entering into this Consent Judgment.

E. The Court having been duly advised of and having considered the matter, and based upon the mutual consent of the parties hereto,

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:

1. This Court has jurisdiction over the subject matter of this action and over the parties to this Consent Judgment of Forfeiture.

2. The Verified Complaint for Forfeiture states a claim for relief pursuant to 21 U.S.C. §§ 881 (a)(4) and (a)(6).

3. Notice of this action has been given as required by law. The parties to this Agreement are unaware of any potential claimants to the defendants other than Fausto Navarrete, Deseray Navarrete and David Game. The time for filing claims has expired. The Court deems that all potential claimants admit the allegations of the Verified Complaint for Forfeiture to be true.

4. The United States of America shall have judgment as to One 2004 F-150 Truck, VIN 1FTPW12524KD75457. The return of $2,895.29 from the proceeds of the sale of the One 2004 F-150 Truck, VIN 1FTPW12524KD75457 should be returned to Ford Credit. Said funds shall be forwarded by check made payable to "Ford Credit," and shall be mailed to Ford Credit, P.O. Box 790119, St Louis, MO 63179-0119.

5. The United States of America shall return One 2000 Chevrolet Truck Silverado, VIN 2GCEC19V8Y1391173 to claimant David Game and One 2000 Ford Mustang, VIN 1FAFP404XYF144704 to claimant Deseray Navarrete in exchange for a waiver of attorney fees.

6. Claimants Fausto Navarrete, Deseray Navarrete and David Game, hereby release the United States of America, its agencies, agents, officers, employees and representatives, including, without limitation, all agents, officers, employees and representatives of the Drug Enforcement Agency, and its respective agencies, as well as all agents, officers, employees and representatives of any state or local governmental or law enforcement agency involved in the investigation or prosecution of this matter, from any and all claims, actions, or liabilities arising out of or related to this action, including, without limitation, any claim for attorney fees, costs, and interest, which may be asserted by or on behalf of claimants Fausto Navarrete, Deseray Navarrete and David Game, whether pursuant to 28 U.S.C. § 2465 or otherwise.

7. The Court finds that there was reasonable cause for the seizure of the defendant vehicles and institution of these proceedings against the said defendants. This judgment shall be construed as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465.

8. The Court further finds that claimants Fausto Navarrete, Deseray Navarrete and David Game, did not substantially prevail in this action, and each of the parties hereto shall bear its own attorney fees and costs.

CONSENT

The parties hereto consent to the above judgment and waive any right to appeal this judgment.

DATED: January __, 2009

THOMAS P. O'BRIEN United States Attorney

CHRISTINE C. EWELL Assistant United States Attorney Chief, Criminal Division

STEVEN R. WELK Assistant United States Attorney Chief, Asset Forfeiture Section

FRANK D. KORTUM Assistant United States Attorney

Attorneys for Plaintiff UNITED STATES OF AMERICA

DATED: January __, 2009

KRISTEN B. BROWN Attorney for Claimants Fausto Navarrete, Deseray Navarrete and David Game.

20090126

© 1992-2009 VersusLaw Inc.



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