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United States of America v. Thirty (30) Cemetery Plots and Twenty (20) Monuments/Plaques

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA


February 23, 2012

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
THIRTY (30) CEMETERY PLOTS AND TWENTY (20) MONUMENTS/PLAQUES LOCATED AT ROSE HILLS MEMORIAL PARK AND MORTUARY, DEFENDANT. JOSEPH WAI-MAN WU AND MAY YIM-MAN WU, CLAIMANTS.

The opinion of the court was delivered by: The Honorable George H. WU United States District Judge

ANDRE BIROTTE JR. United States Attorney ROBERT E. DUGDALE Assistant United States Attorney MADE JS-6 Chief, Criminal Division STEVEN R. WELK Assistant United States Attorney Chief, Asset Forfeiture Section JENNIFER M. RESNIK Assistant United States Attorney Asset Forfeiture Section (Cal. State Bar # 233634) 1400 United States Courthouse 312 North Spring Street Los Angeles, California 90012 Telephone: (213) 894-6595 Facsimile: (213) 894-7177 E-mail: jennifer.resnik@usdoj.gov Attorneys for Plaintiff UNITED STATES OF AMERICA

CONSENT JUDGMENT OF FORFEITURE

This action was filed on March 12, 2010. Notice was given and published in accordance with law. Claimants Joseph Wai-Man Wu and May Yim-Man Wu ("Claimants") filed the only claims to the defendants thirty cemetery plots and 20 monuments/plaques located at Rose Hills Memorial Park and Mortuary, described more particularly below (collectively "defendants"). No other statements of interest or answers have been filed, and the time for filing such statements of interest and answers has expired. Plaintiff and Claimants have reached an agreement that is dispositive of the action. The parties hereby request that the Court enter this Consent Judgment of Forfeiture.

WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED:

A. This Court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1345 and 1355 and over the parties hereto.

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

C. Notice of this action has been given in accordance with law. All potential claimants to defendants other than Claimants 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.

D. The United States of America shall have judgment as to all defendants, which are more specifically described as follows, and no other person or entity shall have any right, title or interest therein:

Grave Lot/Tier Section Name 1 2116 2 Garden of Gratitude 2 2116 2 Garden of Gratitude 3 2115 2 Garden of Gratitude 4 2115 2 Garden of Gratitude 1 2757 4 Inspiration Meadow 2 2756 4 Inspiration Meadow 3 2756 4 Inspiration Meadow 4 2756 4 Inspiration Meadow 1 207 3 Shoreline Terrace Monument Wall 2 207 3 Shoreline Terrace Monument Wall 1 208 3 Shoreline Terrace Monument Wall 2 208 3 Shoreline Terrace Monument Wall 1 209 3 Shoreline Terrace Monument Wall 2 209 3 Shoreline Terrace Monument Wall 1 221 4 Shoreline Terrace Monument Wall 2 221 4 Shoreline Terrace Monument Wall 1 222 4 Shoreline Terrace Monument Wall 2 222 4 Shoreline Terrace Monument Wall 1 210 3 Shoreline Terrace Monument Wall 2 210 3 Shoreline Terrace Monument Wall 1 211 3 Shoreline Terrace Monument Wall 2 211 3 Shoreline Terrace Monument Wall 1 212 3 Shoreline Terrace Monument Wall 2 212 3 Shoreline Terrace Monument Wall 1 219 4 Shoreline Terrace Monument Wall 2 219 4 Shoreline Terrace Monument Wall 1 220 4 Shoreline Terrace Monument Wall 2 220 4 Shoreline Terrace Monument Wall 4 2757 4 Inspiration Meadow 1 2758 4 Inspiration Meadow The purchase contracts for each of the twenty Shoreline Terrace Monument Wall plots described above include a monument/plaque for each plot. The defendant twenty monuments/plaques consist of the monuments/plaques purchased with the Shoreline Terrace plots.

The United States of America shall proceed to dispose of the defendants in accordance with law.

E. Claimants hereby release the United States of America, its agencies, agents, and officers, including employees and agents of DHS 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 behalf of the Claimants, whether pursuant to 28 U.S.C. § 2465 or otherwise.

F. 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.

G. The Court further finds that Claimants did not substantially prevail in this action, and each side shall bear its own attorneys' fees and other costs of litigation.

Approved as to form and content:

CONSENT

The parties hereto consent to entry of this judgment and waive any right of appeal.

20120223

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