Free Order Dismissing Case - District Court of Arizona - Arizona

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UNITED STATES DISTRICT COURT
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DISTRICT OF ARIZONA
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United States of America, CIV03-01504-PHX-ROS Plaintiff, v. ORDER One 2002 Cadillac Escalade 4X4; Defendant. And Regarding the Interest of General Motors Acceptance Corporation, Claimant.

Plaintiff, United States of America, by and through its attorney, Paul K. Charlton, United States Attorney for the District of Arizona, Lisa Roberts, Assistant United States Attorney, of counsel, and Claimant, General Motors Acceptance Corporation, by and through their attorney, Ryan J. Lorenz, Norling, Kolsrud, Sifferman, Davis, PLC., present this stipulation regarding their interest in the above captioned defendant to resolve this matter. Their being no objection and the Court finding good cause, it is hereby ordered that the Stipulation, and the facts contained therein, are adopted by the Court and that dismissal is proper pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. Accordingly, IT IS ORDERED that claimant GMAC shall to deliver to Plaintiff, United States, the sum of $12,000 as a substitute res in lieu of the defendant property. The payment shall be by

Case 2:03-cv-01504-ROS

Document 59

Filed 10/26/2006

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certified check or cashier's check made payable to the U.S. Marshals Service and delivered to Lisa Roberts, Two Renaissance Square, 40 N. Central, Phoenix, AZ 85004-4408. The check should note the following - "CIV03-01504-PHX-ROS " Payment by claimant GMAC shall be made within ten (10) days of the issuance of this Order. IT IS FURTHER ORDERED that upon payment of the above stated amount, and the Court's entry of this Order, Plaintiff shall release the defendant property to claimant GMAC. IT IS FURTHER ORDERED that claimant releases the United States and the Department of Justice, the Drug Enforcement Administration, the United States Marshals Service and all officers, employees, contract employees, agents, and task force agents from any and all actions, causes of action, suits, proceedings, debts, dues, contracts, judgments, damages, claims, and/or demands whatsoever in law or equity which claimant, their heirs, successors, or assigns ever had, now have, or may have in the future in connection with the seizure, detention, and forfeiture of the above-captioned defendant property. IT IS FURTHER ORDERED that the agents of the Drug Enforcement Administration had reasonable grounds to seize defendant property described herein, pursuant to the terms of 28 U.S.C. 2465, and that claimant GMAC has not substantially prevailed as the result of this settlement agreement. IT IS FURTHER ORDERED that the $12,000 paid by GMAC, as a substitute res for the defendant property shall be declared forfeited to the United States, pursuant to the provisions of 21 U.S.C. §§ 881(a)(4) & (a)(6), and 18 U.S.C. § 981 and disposed of according to law. Each party is responsible for its respective costs and attorney fees. IT IS FURTHER ORDERED that the Clerk of Court shall dismiss the action in its entirety.

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Case 2:03-cv-01504-ROS

Document 59

Filed 10/26/2006

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DATED this 26th day of October, 2006.

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Case 2:03-cv-01504-ROS

Document 59

Filed 10/26/2006

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