Opinion
NO. CV 11-03668 RSWL (MRWx)
09-30-2011
UNITED STATES OF AMERICA, Plaintiff, v. THREE LIVE FIJI BANDED IGUANAS AND ALL OFFSPRING THEREOF, Defendants.
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 KATHARINE SCHONBACHLER Assistant United States Attorney Asset Forfeiture Section Attorneys for Plaintiff United States of America
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
KATHARINE SCHONBACHLER
Assistant United States Attorney
Asset Forfeiture Section
Attorneys for Plaintiff
United States of America
CONSENT JUDGMENT OF FORFEITURE
This action was filed on April 28, 2011 against defendants Three Live Fiji Banded Iguanas and All Offspring Thereof. Notice was given and published in accordance with law. On June 3, 2011, Jereme Lee James ("James") filed a claim to the defendants Three Live Fiji Banded Iguanas and All Offspring Thereof (hereinafter "defendants"), which claim James later withdrew on June 16, 2011. No other parties have appeared in this case and the time for filing such statements of interest and answers has expired. Plaintiff United States of America and James 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:
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 defendants Three Live Fiji Banded Iguanas and All Offspring Thereof other than James 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. The United States of America shall have judgment as to defendants Three Live Fiji Banded Iguanas and All Offspring Thereof and no other person or entity shall have any right, title or interest therein. The United States Fish and Wildlife Service is ordered to dispose of said assets in accordance with law.
4. James hereby releases the United States of America, its agencies, agents, and officers, including employees, officers and agents of the United States Fish and Wildlife Service, as well as all agents, officers, employees and representatives of any state or local government or law enforcement agency involved in the investigation or prosecution of this matter, from any and all claims, actions or liabilities arising out of or related to the seizure of the defendants or the prosecution of this action, including, without limitation, any claim for attorney's fees, costs or interest which may be asserted on behalf of James, whether pursuant to 28 U.S.C. § 2465 or otherwise.
5. The court finds that there was reasonable cause for the seizure of the defendants and institution of these proceedings and the parties hereto shall bear their own attorney's fees and costs. This judgment shall be construed as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465.
HONORABLE RONALD S.W. LEW
SENIOR, U.S. DISTRICT COURT JUDGE
Approved as to form and content:
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
KATHARINE SCHONBACHLER
Assistant United States Attorney
Attorneys for Plaintiff
United States of America
RANDOLPH & ASSOCIATES
DONALD C. RANDOLPH, ESQ.
ANN-MARISSA COOK, ESQ.
Attorney for JEREME LEE JAMES