Free Motion to Expedite - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Plaintiff United States of America has moved this court, pursuant to the Court's powers UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA UNITED STATES OF AMERICA, CIV-04-363-PHX-JWS Plaintiff, ORDER Vs. 1. Lear Jet, Model 31A, Serial Number 31A-224, U.S. Registration # N224LJ; 2. Agusta Helicopter, Model A109E, Serial Number 11116, Mexican Registration # XA-TSR; 3. Cessna Caravan, Model 208B, Serial Number 208B-0941, Mexican Registration # XA-TUF. Defendants. APPROVING INTERLOCUTORY SALE OF DEFENDANTS 2 AND 3 BY THE MEXICAN GOVERNMENT

20 under 18 U.S.C. § 983(j); Rule E(9)(b) of the Supplemental Rules to the Federal Rules of Civil 21 Procedure for Certain Admiralty and Maritime Claims; and the customs laws, 19 U.S.C. § 22 l612(a) made applicable to this action by 18 U.S.C. §981(d), for an order indicating that this 23 Court approves and does not object to the proposed sale of the defendant aircraft described as 24 defendants number 2 and 3 in this action by the Government of Mexico. The Court understands 25 the purpose of the sale is to protect the value of the aircraft and to avoid incurring substantial 26 costs associated with the care and maintenance of the aircraft. The Court also finds that the sale 27 of the aircraft in the manner contemplated by the parties, where the funds are maintained as a 28

Case 2:04-cv-00363-JWS

Document 101-5

Filed 08/29/2005

Page 1 of 2

1 substitute res for the defendant aircraft, does not destroy, alter, or in any manner impair the in 2 rem jurisdiction of this Court over the res in Mexico. 3 4 Accordingly, it is hereby ORDERED, ADJUDGED, and DECREED: 1. The defendant property shall be sold by the government of Mexico pursuant to the

5 laws and procedures utilized in Mexico. 6 2. The aircraft shall be liquidated in a commercially reasonably manner in an

7 international market which is large enough to attract well qualified purchasers capable of paying 8 a substantial price to insure that the defendant aircraft are liquidated for fair market value. Such 9 international sales effort is conducted on a regular basis by the United States Marshals Service. 10 If it assists the Republic of Mexico in the effort to liquidate the defendant aircraft and at the 11 request of the PGR to the Department of Justice, this Court would enter an order directing the 12 United States Marshals Service to dispose of these aircraft, and hold the funds pending further 13 order of the respective courts. 14 3. Once the aircraft have been liquidated, and plaintiff has received a report regarding

15 the liquidation, plaintiff shall file a report of sale, for consideration by the court and the parties. 16 4. It is contemplated that from the proceeds of the sale, the government of Mexico

17 or its representative shall pay any selling commission, closing costs, and other selling expenses; 18 all outstanding taxes on the aircraft prorated to the date of the sale; all costs incurred to maintian 19 the property since its seizure including costs of maintenance, storage, advertising, preparation 20 of the aircraft for sale, and other selling expenses, if any, to maintain the property since the 21 seizure on in February, 2005, and to prepare the aircraft for sale. 22 5. The remaining net equity or proceeds of the sale shall then be maintained as a

23 substitute res for the aircraft, pending further order. 24 25 26 27 28
2 Case 2:04-cv-00363-JWS Document 101-5 Filed 08/29/2005 Page 2 of 2

SO ORDERED, this _____ of _______________, 2005.