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United States of America v. Real Property In Big Bear

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


February 3, 2012

UNITED STATES OF AMERICA, PLAINTIFF,
v.
REAL PROPERTY IN BIG BEAR, CALIFORNIA, ET AL. DEFENDANTS. ERIC SCHMIDT AND JANET SCHMIDT, CLAIMANTS.

The opinion of the court was delivered by: The Honorable VIRGINIA A. Phillips United States District Judge

ANDRE' BIROTTE JR. cc: FISCAL United States Attorney ROBERT E. DUGDALE 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 California Bar Number 110984 Asset Forfeiture Section 1400 United States Courthouse 312 North Spring Street Los Angeles, California 90012 Telephone: (213) 894-5710 Facsimile: (213) 894-7177 E-mail: Frank.Kortum@usdoj.gov Attorneys for Plaintiff United States of America

PARTIAL CONSENT JUDGMENT [This Partial Consent Judgment is not dispositive of this entire action]

This action was filed on September 11, 2009. Notice was given and published in accordance with law. Claimants Janet and Eric Schmidt filed their respective claims in this action on November 30, 2011. No answers have been filed by the claimants. Plaintiff and claimant Janet Schmidt have reached a partial agreement as to the disposition of the action. The parties hereby request that the Court enter this Partial 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 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. Claimant Janet Schmidt agrees to withdraw her claim to each of the defendant properties in this action.

4. Claimant Janet Schmidt hereby releases the United States of America, its agencies, agents, and officers, including employees and agents of the Internal Revenue Service and Defense 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 attorney's fees, costs or interest which may be asserted on its behalf. 5.

Plaintiff, United States of America, agrees that it will not seek to recover civil sanctions (except to the extent that the forfeiture of the defendants can be considered a civil sanction), attorney's fees or costs in connection with this action or the underlying seizure.

6. The Court finds that there was reasonable cause for the seizure of the defendants and institution of these proceedings. This judgment shall be construed as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465.

CONSENT

The parties hereto consent to the above Consent Judgment of Forfeiture and waive any right of appeal.

20120203

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