The opinion of the court was delivered by: Honorable Philip S. Gutierrez United States District Judge
[Proposed] CONSENT JUDGMENT OF FORFEITURE
Plaintiff United States of America ("plaintiff") initiated this action by filing a Complaint for Forfeiture ("Complaint") on July 11, 2008. Notice was given and published in accordance with law. Felcoranenda Estudillo, Oscar T. Estudillo, Mary O. Estudillo, Olivia Estudillo and Wescove Home Health Services ("Claimants") filed a joint claim on October 31, 2008. The stipulated deadline for Claimants to file an answer is January 21, 2009. No other claims or answers have been filed, and the time for filing all other claims and answers has expired. Plaintiff and Claimants have reached an agreement that is dispositive of the action. The parties hereby request that the Court enter this Consent Judgment of Forfeiture.
WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED:
1. This court has jurisdiction over the parties and the subject matter of this action.
2. Notice of this action has been given in accordance with law. All potential claimants to the defendant $187,302.05 in U.S. currency; $504,081.58 in U.S. currency; $100,703.79 in U.S. currency; $501,745.46 in U.S. currency; $500,518.06 in U.S. currency; $500,141.12 in U.S. currency; $501,745.46 in U.S. currency; $510,663.40 in U.S. currency; $513,580.73 in U.S. currency; $100,703.79 in U.S. currency; $500,784.70 in U.S. currency (collectively, the "defendant currency"); one 1999 Mercedes Benz, VIN: WDBKK47F8XF116573; and one 2003 BMW Z Series Roadster 243.0i, VIN: 4USBT53423LT20882 (collectively, the "defendant vehicles"), other than Claimants, are deemed to have admitted the allegations of the Complaint. The allegations set out in the Complaint are sufficient to establish a basis for forfeiture.
3. The United States of America shall have judgment as to the defendant currency and all interest earned thereon and the defendant vehicles. No other person or entity shall have any right, title or interest in the forfeited currency and vehicles. The United States Marshals Service is ordered to dispose of the defendant currency and vehicles in accordance with law.
4. Claimants hereby release the United States of America, its agencies, agents, and officers, including employees and agents of the United States Federal Bureau of Investigation, from any and all claims, actions or liabilities arising out of or related to this action, including, without limitation, any claim for attorneys' fees, costs or interest which may be asserted on behalf of the claimants, whether pursuant to 28 U.S.C. § 2465 or otherwise.
5. The Court finds that there was reasonable cause for the seizure of the defendant currency and vehicles and for the institution of these proceedings. This judgment shall be construed as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465.
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