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McGREGOR W. SCOTT

United States Attorney

KRISTIN S. DOOR SBN 84307

Assistant U.S. Attorney

501 I Street, Suite 10-100

Sacramento, CA 95814

Telephone: (916) 554-2723

Attorney for Plaintiff

United States of America

IN THE UNITED STATES DISTRICT COURT FOR THE 

EASTERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

Plaintiff,

v.

REAL PROPERTY LOCATED AT 11550

MUSHROOM TRAIL, GRASS VALLEY,

NEVADA COUNTY, CALIFORNIA, APN:

53-130-31, INCLUDING ALL

APPURTENANCES AND IMPROVEMENTS

THERETO,

Defendant.

2:04-CV-02470 LKK/KJM

FINAL JUDGMENT OF FORFEITURE

Pursuant to the Stipulation for Final Judgment of Forfeiture

filed May 9, 2006, the Court finds: 

1. This is a civil forfeiture action against certain real

property located at 11550 Mushroom Trail, Grass Valley, Nevada

County, California, APN: 53-130-31 (hereinafter referred to as the

"defendant real property").

2. A Complaint for Forfeiture In Rem was filed on November

19, 2004, seeking the forfeiture of the defendant real property,

alleging that said property is subject to forfeiture to the United

States of America pursuant to 21 U.S.C. § 881(a)(7). 

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3. On December 13, 2004, the defendant real property was

posted with a copy of the complaint and notice of complaint.

4. On January 8, 2005, a Public Notice of Posting of the

defendant real property appeared by publication in The Union, a

newspaper of general circulation in the county in which the

defendant real property is located (Nevada County).

5. In addition to the Public Notice of Posting having been

completed, David McElvain received actual notice of this action. 

6. David McElvain filed a verified claim and answer alleging

an interest in the defendant real property. 

7. No other parties filed claims or answers in this matter

and the time for which any person or entity may file a claim and

answer has expired.

Pursuant to the Stipulation for Final Judgment of Forfeiture,

it is hereby 

ORDERED AND ADJUDGED:

1. That the Court adopts the Stipulation for Final Judgment

of Forfeiture entered into by and between the parties to this

action.

2. That judgment is hereby entered against claimant David

McElvain and all other potential claimants who have not filed

claims in this action.

3. That in accordance with the Stipulation for Final

Judgment of Forfeiture, claimant sold the defendant real property. 

Escrow closed on or about September 6, 2006, and a check for

$225,000 has been delivered to the United States Attorney's Office.

4. That the sum of $225,000 is substituted as the res herein,

and all right, title, and interest in the $225,000 is hereby

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forfeited to the United States pursuant to 21 U.S.C. § 881(a)(6),

to be disposed of according to law.

5. That plaintiff United States of America and its servants,

agents, and employees and all other public entities, their

servants, agents, and employees, are released from any and all

liability arising out of or in any way connected with the posting

of the defendant real property or forfeiture of the $225,000 sub

res. This is a full and final release applying to all unknown and

unanticipated injuries, and/or damages arising out of said posting

or forfeiture, as well as to those now known or disclosed. The

parties waive the provisions of California Civil Code §1542.

6. Pursuant to the stipulation of the parties, and

allegations set forth in the Complaint for Forfeiture In Rem filed

November 19, 2004, the Court finds that there was reasonable cause

for the posting of the defendant property, and a Certificate of

Reasonable Cause pursuant to 28 U.S.C. § 2465 shall be entered

accordingly.

7. That all parties are to bear their own costs and

attorneys’ fees.

SO ORDERED THIS _13th___ day of _September___, 2006.

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CERTIFICATE OF REASONABLE CAUSE

Pursuant to the Stipulation for Final Judgment of Forfeiture

filed May 9, 2006, and the allegations set forth in the Complaint

for Forfeiture In Rem filed November 19, 2004, the Court enters

this Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465,

that there was reasonable cause for the posting of defendant

property.

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