Opinion
NO. CV 05-8217-MMM(VBKx)
12-19-2011
UNITED STATES OF AMERICA, Plaintiff, v. REAL PROPERTY IN SANTA PAULA,CALIFORNIA, Defendants. JOHN F. GRIFFITHS, Claimant.
ANDRE BIROTTE JR. United States Attorney ROBERT E. DUGDALE Assistant United States Attorney Chief, Criminal Division STEVEN R. WELK Assistant United States Attorney Chef, Asset Forfeiture Section FRANK D. KORTUM Assistant United States Attorney Attorneys for Plaintiff United States of America FERGUSON CASE ORR PATERSON LLP WENDY C. LASCHER Attorney for Claimant John Griffiths
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
FRANK D. KORTUM
California Bar No. 110984
Assistant United States Attorney
Asset Forfeiture Section
Attorneys for Plaintiff
United States of America
[Proposed]
CONSENT JUDGMENT
Plaintiff United States of America ("plaintiff" or "the government") initiated this action by filing a Complaint for Forfeiture on November 18, 2005. Notice was given and published in accordance with law. John F. Griffiths ("claimant") filed a claim and answer on February 17, 2006. No other claims or answers have been filed, and the time for filing claims and answers has expired. Plaintiff and claimant have reached an agreement that is dispositive of the action. The parties hereby request that the Court vacate the previously entered summary judgment pursuant to FRCP 60(b)(5) and enter this Consent Judgment, which can be satisfied in full by payment according to paragraph 4.
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 Real Property in Santa Paula, California ("defendant property") other than John F. Griffiths 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 legal description of the defendant property is as follows:
That portion of Lot 22, of the Eliseo Tract, In the County of Ventura, State of California, as shown on map recorded in Book 8, Page 96, of Parcel maps, In the Office of the County Recorder of said County, shown as Parcel 10 on said Map, together with those certain non-exclusive easements for road and utility purposes as described in that certain easement Deed dated October 02, 1979 and recorded January 08, 1980 in Book 5574, Page 186 of Official Records.The Assessor's Parcel Number is 062-0-060-375.
4. Claimant within 60 days of the filing of the Consent Judgment will pay the government $125,000.00 in full satisfaction of this Consent Judgment, upon receipt of which the government will file a notice of withdrawal of lis pendens (in the form attached hereto as Exhibit "A"); execute an acknowledgment of full satisfaction of judgment (in the form attached hereto as Exhibit "B"); and provide claimant with recordable copies of each. If claimant elects to refinance the defendant property within said sixty day period, the parties will establish an escrow account and execute escrow instructions which shall provide that $125,000 will be contributed to escrow directly from the refinancing and the government will submit into escrow an executed copy of the notice of withdrawal of lis pendens (in the form attached hereto as Exhibit "A") and an executed acknowledgment of full satisfaction of judgment (in the form attached hereto as Exhibit "B"). When these conditions are met and all funds are free and clear for payment, the escrow agent will release and pay $125,000.00 via wire transfer to the government and will release the executed documents to claimant. The parties shall reasonably cooperate to allow such refinancing to occur. Claimant shall pay all costs and fees related to any refinancing and escrow.
5. Upon the government's receipt of the $125,000.00 from claimant (or from escrow pursuant to the terms in paragraph 4), this Consent Judgment is satisfied in full, the government releases claimant from all liability arising from the allegations of the complaint, and the defendant property shall not be subject to forfeiture. The government shall forfeit said funds in accordance with the law.
6. Claimant hereby release the United States of America, its agencies, agents, and officers, including employees and agents of the United States Drug Enforcement Administration, from any and all claims, actions or liabilities arising out of or related to this action, including, without limitation, any claim for attorneys' fees, costs or interest which may be asserted on behalf of the claimants, whether pursuant to 28 U.S.C. § 2465 or otherwise.
7. The Court finds that there was reasonable cause for the seizure of the defendant property and institution of these proceedings. This judgment shall be construed as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465.
________________________________
HONORABLE MARGARET M. MORROW
UNITED STATES DISTRICT JUDGE
Approved as to form and consent:
ANDRE BIROTTE JR.
United States Attorney
ROBERT E. DUGDALE
Assistant United States Attorney Chief, Criminal Division
STEVEN R. WELK
Assistant United States Attorney
Chef, Asset Forfeiture Section
________________
FRANK D. KORTUM
Assistant United States Attorney
Attorneys for Plaintiff
United States of America
FERGUSON CASE ORR PATERSON LLP
________________
WENDY C. LASCHER
Attorney for Claimant
John Griffiths