The opinion of the court was delivered by: Lawrence J. O'neill United States District Judge
COMPROMISE SETTLEMENT AGREEMENT, WITH STIPULATION TO DISMISS, PROPOSED ORDER AND CERTIFICATE OF REASONABLE CAUSE
It is hereby stipulated and agreed by and between plaintiff United States of America, claimant Accredited Surety and Casualty Company ("Accredited"), and Aleo John Pontillo, pro se ("Pontillo") (collectively, "the parties"), as follows:
1. This civil forfeiture action was initiated by a complaint for forfeiture in rem filed on September 9, 2010.
2. Accredited filed a verified claim of ownership and contest of forfeiture on November 16, 2010, and filed a motion to dismiss the complaint on January 6, 2011. The motion to dismiss is still pending.
3. Pontillo filed a document on November 17, 2010, giving notice that he wishes to contest forfeiture, and filed a request for discovery on December 2, 2010. Pontillo has not filed a verified claim or other responsive pleading.
4. No other claims have been filed in this action, and no other parties have appeared.
5. This Stipulation and Agreement is a compromise settlement, entered into by all the parties for the purpose of compromising disputed claims and avoiding the expenses and risks of further litigation.
6. The United States agrees to return the defendant funds ($256,533.57) to the account from which they were seized (account # 72-108419-2 at Summit State Bank, Santa Rosa, California).
7. Accredited and Pontillo and their principals, agents, officers, directors, parents, subsidiaries, shareholders, assignees and attorneys agree to accept return of the defendant funds as provided in paragraph 5 in full settlement and satisfaction of any claim against the United States or its officers, agents, attorneys, and employees arising from the arrest and seizure of such funds, and further agree to hold harmless the United States and its officers, agents, attorneys, and employees from all such claims.
8. Each party represents, and the parties agree, that no party substantially prevailed in this action within the meaning of 28 U.S.C. § 2465.
9. Each party represents, and the parties agree, that there was probable cause for arrest and seizure of the defendant funds, and for the commencement and prosecution of this forfeiture action, and that the Court should enter a certificate of reasonable cause pursuant to 28 U.S.C. § 2465, as set forth below.
10. Nothing in this Agreement shall be construed as an admission of liability, fault, or ...