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United States v. Four F-14 Tomcat Aircraft

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


May 13, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
FOUR F-14 TOMCAT AIRCRAFT, DEFENDANTS.
AVIATION WAREHOUSE, CLAIMANT.

The opinion of the court was delivered by: The Honorable Cormac J. Carney United States District Judge

[PROPOSED] CONSENT JUDGMENT BETWEEN PLAINTIFF UNITED STATES OF AMERICA AND CLAIMANT AVIATION WAREHOUSE [This document disposes of the remainder of the action]

On April 24, 2007, plaintiff United States of America ("plaintiff" or the "government") filed a Complaint for Forfeiture alleging that the defendant F-14 Tomcat Aircraft, Bureau number 160894 (the "defendant aircraft") was subject to forfeiture pursuant to 18 U.S.C. § 981(a)(1)(C).

On May 30, 2007, claimant Aviation Warehouse ("claimant") filed a Claim to the defendant aircraft and, on June 15, 2007, an Answer to the Complaint. No other claims or answers with respect to the defendant aircraft have been filed, and the time for filing claims and answers has expired.*fn1

The government and claimant have agreed to settle this forfeiture action and avoid further litigation.

The Court having been duly advised of and having considered the matter, and based upon the mutual consent of plaintiff and claimant,

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:

1. This Court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1345 and 1355.

2. The Complaint for Forfeiture states a claim for relief pursuant to 18 U.S.C. § 981(a)(1)(C).

3. Notice of this action has been given as required by law. Claimant filed the only claim and answer with respect to the defendant aircraft. The Court deems that all other potential claimants admit the allegations of the Complaint for Forfeiture to be true with respect to the defendant aircraft.

4. This agreement does not constitute an admission by either party of the contentions or allegations of the other.

5. Claimant agrees to forfeiture, and a judgment of forfeiture is hereby entered in favor of the United States. Satisfaction of the judgment shall be made as follows:

The defendant aircraft shall be condemned and forfeited to the United States of America and shall be disposed of in accordance with law. The government shall pay claimant $50,000.00, which payment shall be made by a check in the amount of $50,000.00, made payable to "Aviation Warehouse and to its attorneys, McConwell Law Offices," and sent to Edward A. McConwell, McConwell Law Offices, 5925 Beverly, Mission, KS, 66202; 913-262-0605.

6. The United States hereby releases claimant, and claimant hereby releases the United States of America, its agencies, officers, and employees, including employees of the Defense Criminal Investigative Service, Immigration and Customs Enforcement, and Naval Criminal Investigative Service, 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, 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 aircraft and institution of these proceedings. This judgment shall be construed as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465.

8. Each side shall bear its own attorneys' fees and other costs of litigation.

CONSENT

The government and claimant consent to judgment and waive any right of appeal.


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