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United States of America v. Real Property Located In Diamond Bar

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA


February 26, 2013

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
REAL PROPERTY LOCATED IN DIAMOND BAR, CALIFORNIA, ASSESSOR PARCEL NUMBER 8713- 028-004,
DEFENDANT. SYED QAISAR MADAD AND MEHER FATINA TABATABAI, CLAIMANTS.

The opinion of the court was delivered by: The Honorable Gary Alan Feess United States District Judge

CONSENT JUDGMENT

RECITALS

1. This action was filed on June 18, 2012.

2. Notice was given and published in accordance with law.

3. Claimants Syed Qaisar Madad and Meher Fatima Tabatabai ("Claimants") filed claims to the defendant Real Property Located in Diamond Bar, California with assessor parcel number 8713-028-004 (the "defendant property"). The legal description of the defendant property is attached as Exhibit "A." 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 the defendant property 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 of the defendant property, subject to the recorded interest of JPMorgan ChaseBank, N.A. (Instrument Numbers 20072134729 and 20071043160), and no other person or entity shall have any right, title or interest therein.

E. Claimant hereby releases the United States of America, its agencies, agents, and officers, including employees and agents of the United States Federal Bureau of Investigation and Internal Revenue 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 behalf of the claimant, whether pursuant to 28 U.S.C. § 2465 or otherwise.

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

Approved as to form and content: Dated: February_25, 2013 ANDRE BIROTTE JR. United States Attorney ROBERT E. DUGDALE Assistant United States Attorney Chief, Criminal Division STEVEN R. WELK Assistant United States Attorney Chief, Asset Forfeiture Section /s/ JENNIFER M. RESNIK Assistant United States Attorney Asset Forfeiture Section Attorneys for Plaintiff United States of America DATED: February 22, 2013 /s/ MEHER F. TABATABAI DATED: February 25, 2013 /s/ ROBERT J. FELDHAKE, ESQ. Attorney for Claimant Meher Tabatabai DATED: February 22, 2013 /s/ SYED QAISAR MADAD DATED: February 25, 2013 /s/ LAW OFFICES OF MARK J. WERKSMAN MARK M. HATHAWAY Attorney for Claimant Syed Qaisar Madad

EXHIBIT A

PARCEL 1: LOT 119, OF TRACT NO. 60578, IN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 785 PAGES 1 TO 25 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPT THEREFROM OIL, GAS, MINERALS AND HYDROCARBON BELOW A DEPTH OF 500 FEET, WITHOUT THE RIGHT OF SURFACE ENTRY AS RESERVED IN INSTRUMENT OF RECORDS.

PARCEL 2: A NON-EXCLUSIVE EASEMENT TO BE USED IN COMMON WITH OTHERS FOR INGRESS AND EGRESS OVER ALL THOSE AREAS SHOWN UPON THE MAP OF SAID TRACT NO. 30578, AS PRIVATE STREET, SAID EASEMENT TO BE APPURTENANT TO AND FOR BENEFIT OF THE LOT DESCRIBED ABOVE IN PARCEL 1.

EXCEPT THEREFROM ANY PORTION WHICH FALLS WITHIN THE LINES OF PARCEL 1 ABOVE DESCRIBED.

20130226

© 1992-2013 VersusLaw Inc.



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