Opinion
NO. SACV 06-1059-JVS (RNBx)
12-09-2011
ANDRÉ 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 Assistant United States Attorney Asset Forfeiture Section California State Bar No. 110984 Attorneys for Plaintiff United States of America
ANDRÉ 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
Assistant United States Attorney
Asset Forfeiture Section
California State Bar No. 110984
Attorneys for Plaintiff
United States of America
Order Dismissing Action without Prejudice
IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
1. This Court has jurisdiction over the subject matter of this action and the parties to this Stipulation for Dismissal without prejudice.
2. The Complaint for Forfeiture states a claim for relief pursuant to 18 U.S.C. § 981(a)(1)(C) and 21 U.S.C. § 881(a)(6).
3. Notice of this action has been given as required by law. No appearances have been made in this case by any person other than claimants. The Court deems that all other potential claimants admit the allegations of the Complaint for Forfeiture to be true. Claimants are relieved of his obligation to file a claim and answer in this litigation.
4. The interest of OneWest Bank, F.S.B., the lender of the defendant real property, is not subject to forfeiture.
5. The United States of America, its agencies, agents, officers, employees and representatives (including, without limitation, all agents, officers, employees and representatives of the Drug Enforcement Administration and the Department of Justice and their respective agencies), as well as all agents, officers, employees and representatives of any state or local governmental or law enforcement agency involved in the investigation or prosecution of this matter, are hereby released from any and all claims, actions, or liabilities arising out of or related to this action, including, without limitation, any claim for attorney fees, costs, and interest, which may be asserted by or on behalf of claimants.
___________________________
THE HONORABLE JAMES V. SELNA
UNITED STATES DISTRICT JUDGE
PRESENTED BY:
ANDRÉ 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
Assistant United States Attorney
Attorneys for Plaintiff
UNITED STATES OF AMERICA