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United States v. One 2006 Mercedes E55

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


July 9, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ONE 2006 MERCEDES E55, ONE BREITLING K13355 WATCH, $237,150.00 IN U.S. CURRENCY, $12,636.49 IN BANK ACCOUNT FUNDS, AND $35,786.45 IN ACCOUNT FUNDS, DEFENDANTS.
JAMES LAMMERDING, CLAIMANT.

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

[PROPOSED] CONSENT JUDGMENT [NOTICE OF LODGING LODGED CONCURRENTLY HEREWITH]

On April 25, 2008, plaintiff United States of America ("plaintiff" or the "government") filed a Complaint for Forfeiture against the defendant properties as follows: One 2006 Mercedes E55, Vin number WDBUF76J66A893866 ("defendant vehicle"), One Breitling K13355 watch ("defendant watch), serial number 416165#2, $237,150.00 in U.S. Currency ("defendant currency"), $12,636.49 in Bank Account Funds ("defendant bank funds") and $35,786.45 in Accounts Funds ("defendant bank funds"), (collectively the "defendant assets"). The government alleged that the defendant assets were subject to forfeiture pursuant to 21 U.S.C. §§ 881 (a)(4) and (a)(6).

Claimant James Lammerding ("Lammerding") filed a Statement of Interest on May 21, 2008. No other claims, statements of interest, or answers have been filed, and the time for filing claims, statements, and answers has expired.

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

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 parties stipulate that the 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.

Claimant filed the only statement of interest or claim. Claimant is relieved of his duty to file an answer in this action. The Court deems that all other potential claimants admit the allegations of the Complaint for Forfeiture to be true.

4. The parties have previously agreed to a partial consent judgment of $190,233.71 that was applied to claimant's outstanding federal tax liability for 2005, 2006 and 2007. The United States Marshals Service has remitted payment directly to the Internal Revenue Service and claimant's federal tax liability has been satisfied.

5. The 2006 Mercedes E55, Vin number WDBUF76J66A893866 and Breitling K13355 watch shall be returned to Lammerding. Lammerding, through his attorney, will make arrangements with the United States Marshal Service to have the 2006 Mercedes E55 and Breitling K13355 watch returned.

6. The remaining defendant assets (with the exception of the sum of $190,233.71 previously released pursuant to the partial consent judgment dated March 29, 2010) plus interest as provided by law from the date of seizure, are hereby forfeited to the United States of America, and no other right, title, or interest shall exist therein.

7. Claimants hereby release the United States of America, its agencies, officers, and employees, including employees of the Federal Bureau of Investigations, and local law enforcement agencies, their agents, officers, and employees, from any and all claims, actions, or liabilities arising out of or related to this action, including, without limitation, any claim for attorneys' fees or costs on behalf of claimants, whether pursuant to 28 U.S.C. § 2465 or otherwise.

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

9. The Court further finds that the claimant did not substantially prevail in this action, and the parties shall bear their own attorneys' fees and other costs of litigation.

CONSENT

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

DATED: June , 2010

ANDRÉ BIROTTE JR. 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: June ___, 2010

LAW OFFICES OF SHAWN R. PEREZ SHAWN R. PEREZ, ESQ. Attorney for James Lammerding, Claimant

20100709

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