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United States v. One 2007 Jaguar XKR Coupe

September 21, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ONE 2007 JAGUAR XKR COUPE, ONE 2006 CHEVROLET CORVETTE Z06, ONE 2006 MASERATI GRANSPORT, ONE 2004 DODGE DURANGO LIMITED, ONE 2005 ASTON MARTIN DB9; AND $58,983.10 IN BANK ACCOUNT FUNDS, DEFENDANTS.
JAMES D. MELTON, CLAIMANT.



The opinion of the court was delivered by: Honorable Dale S. Fischer United States District Judge

AMENDED CONSENT JUDGMENT

The court having reviewed the stipulation between the United States of America and James Melton for entry of this Consent Judgment filed as document no. 39 in this matter, and the accompanying Stipulation and Request for Entry of Amended Consent Judgment,

IT IS HEREBY ORDERED AS FOLLOWS:

1. James D. Melton ("Melton") has filed a claim to contest the forfeiture of the remaining defendant assets in this case, which are more particularly described as follows:

a. One 2006 Chevrolet Corvette Z06, bearing VIN 1G1YY26E265126228 and registered to James D. Melton;

b. One 2004 Dodge Durango Limited, bearing VIN 1D4HB58D44F210253 and registered to James D. Melton;

c. $40,000 seized from an account at Bank of America in the name of James D. Melton, bearing an account number ending in -2396;

d. $9,265.71 seized from an account at Bank of America in the name of Rhonda Melton at Bank of America, bearing an account number ending in -8555;

e. $9,557.39 seized from an account at Regions AM South Bank in the names of Null Perspiration/James D. Melton, bearing an account number ending in -8082; and

f. $160.00 seized from an account at Colonial Bank of Birmingham, Alabama, in the names of TV Delivered LLC, bearing an account number ending in -6284.

2. The government's complaint in this action was filed on December 14, 2007, alleging that the defendant assets were subject to forfeiture to the United States pursuant to 21 U.S.C. § 881(a)(6) and 18 U.S.C. §§ 981(a)(1)(C), 984. Plaintiff has notified other potential claimants of this action, including Rhonda Melton, pursuant to Supplemental Rule G for Admiralty or Maritime Claims and Asset Forfeiture Actions, Federal Rules of Civil Procedure. Notice of forfeiture of the defendants was published on March 14, 21, and 28, 2008 and again on May 1, 8, and 15, 2008 in accordance with Supplemental Rule G(4)(a). No claims or answers have been filed to contest the forfeiture of the defendant funds by anyone other than Melton, and the time for filing claims and answers has expired. All potential claimants to the defendants other than Melton are deemed to have admitted the allegations of the complaint.

3. It is the intent of the United States and Melton to resolve all of their competing claims to the defendants by their Stipulation filed as docket no. 39 and this Amended Consent Judgment, which replaces the judgment previously entered by this Court on August 30, 2010 and filed as docket no. 40. By entering into such Stipulation, and its provisions, Melton has neither admitted nor denied any of the allegations of the complaint.

4. This Court has jurisdiction over the subject matter of the present action and over the parties to the ...


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