1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 United States of America, 3:24-CV-480-ART-CSD 11 Plaintiff, ORDER GRANTING 12 v. Stipulation between Jon Aaron Montoya, Claimant, and the United 13 $60,141 in United States Currency, States of America, to dismiss this case with prejudice, and Order 14 Defendant, 15 Jon Aaron Montoya, 16 Claimant. 17 The United States and Jon Aaron Montoya, Claimant, through his counsel, Lisa A. 18 Rasmussen, McLetchie Law, and Stephen Gerald Gray, stipulate as follows: 19 1. Jon Aaron Montoya believes he can win his motion to dismiss. The government 20 believes it can prevail in the denial of the motion to dismiss. For reasons other than the 21 motion to dismiss, the parties knowingly and voluntarily agree to resolve the forfeiture to 22 void further litigation. Rather than expend the parties’, their lawyers’, and this Court’s 23 additional resources and time, Mr. Montoya and the government knowingly and 24 voluntarily agree to dismiss this case with prejudice. Mr. Montoya and the government 25 knowingly and voluntarily agree the government will return the $60,141 with interest as 26 calculated by DEA with proof of the interest and the calculation.1 27 1 United States v. Carvajal, 521 F.3d 1242, 1244-45 (9th Cir. 2008) (quoting and citing United 28 1 2. Mr. Montoya knowingly and voluntarily agrees to fill out the Department of the 2 United States Treasury Automated Clearing House (ACH) form accurately and correctly 3 and submit it to the United States Attorney’s Office so the payment occurs by electronic 4 fund transfer. 5 3. Mr. Montoya knowingly and voluntarily acknowledges, understands, and agrees 6 that (a) federal law requires the Department of the United States Treasury and other 7 disbursing officials to offset federal payments to collect delinquent tax and non-tax debts 8 owed to the United States and to individual states (including past-due child support); (b) if 9 an offset occurs to the payment to be made under this Stipulation, they will receive a 10 notification from the Department of the United States Treasury at the last address provided 11 by them to the governmental agency or entity to whom the offset payment is made; (c) if 12 they believe the payment may be subject to an offset, they may contact the Treasury 13 Department at 1-800-304-3107; (d) the terms of this Stipulation do not affect the tax 14 obligations fines, penalties, or any other monetary obligations owed to the United States or 15 an individual state; and (e) the exact sum delivered to Lisa Rasmussen, on his behalf, may 16 well be a lesser sum, if the Treasury Offset Program reduces the amount in satisfaction of a 17 debt obligation. 18 4. Mr. Montoya knowingly and voluntarily understands and agrees the $60,141 19 with interest may be offset by any debt owed to the United States, any agency of the United 20 States, or any debt in which the United States is authorized to collect. 21 5. Mr. Montoya knowingly and voluntarily understands and agrees that after the 22 United States District Court has signed the Stipulation concerning the $60,141 with interest, 23 within a practicable time thereafter for the United States, the United States agrees to release 24 to Mr. Montoya one payment of $60,141 with interest less any debt owed to the United 25 States, any agency of the United States, or any debt in which the United States is authorized 26 to collect, through Lisa A. Rasmussen’s IOLTA account. 27 6. Mr. Montoya and the government knowingly and voluntarily understand and 28 agree (1) each party will bear its own attorneys’ fees, costs, and expenses; (2) dismissing this 1 case is not a considered as substantially prevailing under 28 U.S.C. § 2465(b)(1); and (3) 2 reasonable cause existed for the seizure and arrest of the $60,141. Instead, Mr. Montoya and 3 the government knowingly and voluntarily understand and agree this case is dismissed for 4 other reasons. 5 7. Mr. Montoya knowingly and voluntarily understands and agrees to waive his 6 rights to pursue this civil forfeiture case with district court judge or jury. 7 8. Mr. Montoya knowingly and voluntarily understands and agrees to waive service 8 of process but will receive service of process of any filed document through CM/ECF as 9 long as his counsel remains on this case. 10 9. Mr. Montoya knowingly and voluntarily understands and agrees to waive any 11 further notice to him, his agents, or his attorneys regarding the $60,141 with interest. 12 10. Mr. Montoya knowingly and voluntarily understands and agrees not to file any 13 other documents in this case or any other case or proceeding concerning the $60,141 with 14 interest. 15 11. Mr. Montoya knowingly and voluntarily understands and agrees to withdraw his 16 verified claim filed in this case concerning the $60,141 when this Court grants this 17 Stipulation. 18 12. Mr. Montoya knowingly and voluntarily understands and agrees to waive all 19 constitutional, statutory, legal, equitable rights, defenses, and claims including, but not 20 limited to, seizing the $60,141 in any proceedings under the United States Constitution, 21 Fourth Amendment. 22 13. Mr. Montoya knowingly and voluntarily understands and agrees to waive the 23 statute of limitations; the CAFRA requirements; the Supplemental Rules for Admiralty or 24 Maritime Claims and Asset Forfeiture Actions, Federal Rule of Civil Procedure, (Supp. R.) 25 A, G; other Federal Rules of Civil Procedure that are not inconsistent with the Supp. 26 Rules;2 including, but not limited to, the seizing of, and bringing the civil forfeiture in rem 27 action against, the $60,141; service of process; the filing of a verified complaint; the filing of 28 1 a verified claim that provided Mr. Montoya’s identity and relationship to the $60,141 under 2 penalty of perjury; the Special Interrogatories; this Court holding hearings, a bench trial or 3 jury trial; this Court making factual findings; and any and all constitutional, statutory, legal, 4 equitable rights, defenses, and claims regarding seizing, and bringing the civil forfeiture in 5 rem action against, the $60,141 in any proceedings, including, but not limited to, double 6 jeopardy and due process under the United States Constitution, Fifth Amendment. 7 14. Mr. Montoya knowingly and voluntarily understands and agrees to waive any 8 and all constitutional, statutory, legal, equitable rights, defenses, and claims regarding 9 seizing, and bringing the civil forfeiture in rem action against, the $60,141 in any 10 proceedings, including, but not limited to, a jury trial under the United States Constitution, 11 Sixth Amendment. 12 15. Mr. Montoya knowingly and voluntarily understands and agrees to waive any 13 and all constitutional, statutory, legal, equitable rights, defenses, and claims regarding the 14 seizing of, and bringing the civil forfeiture in rem action against, the $60,141 in any 15 proceedings, including, but not limited to, excessive fines and cruel and unusual 16 punishments under the United States Constitution, Eighth Amendment. 17 16. Mr. Montoya knowingly and voluntarily understands and agrees to the 18 conditions in this Stipulation. 19 17. Mr. Montoya knowingly and voluntarily understands and agrees to waive any 20 rights to appeal this case. 21 18. Mr.
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 United States of America, 3:24-CV-480-ART-CSD 11 Plaintiff, ORDER GRANTING 12 v. Stipulation between Jon Aaron Montoya, Claimant, and the United 13 $60,141 in United States Currency, States of America, to dismiss this case with prejudice, and Order 14 Defendant, 15 Jon Aaron Montoya, 16 Claimant. 17 The United States and Jon Aaron Montoya, Claimant, through his counsel, Lisa A. 18 Rasmussen, McLetchie Law, and Stephen Gerald Gray, stipulate as follows: 19 1. Jon Aaron Montoya believes he can win his motion to dismiss. The government 20 believes it can prevail in the denial of the motion to dismiss. For reasons other than the 21 motion to dismiss, the parties knowingly and voluntarily agree to resolve the forfeiture to 22 void further litigation. Rather than expend the parties’, their lawyers’, and this Court’s 23 additional resources and time, Mr. Montoya and the government knowingly and 24 voluntarily agree to dismiss this case with prejudice. Mr. Montoya and the government 25 knowingly and voluntarily agree the government will return the $60,141 with interest as 26 calculated by DEA with proof of the interest and the calculation.1 27 1 United States v. Carvajal, 521 F.3d 1242, 1244-45 (9th Cir. 2008) (quoting and citing United 28 1 2. Mr. Montoya knowingly and voluntarily agrees to fill out the Department of the 2 United States Treasury Automated Clearing House (ACH) form accurately and correctly 3 and submit it to the United States Attorney’s Office so the payment occurs by electronic 4 fund transfer. 5 3. Mr. Montoya knowingly and voluntarily acknowledges, understands, and agrees 6 that (a) federal law requires the Department of the United States Treasury and other 7 disbursing officials to offset federal payments to collect delinquent tax and non-tax debts 8 owed to the United States and to individual states (including past-due child support); (b) if 9 an offset occurs to the payment to be made under this Stipulation, they will receive a 10 notification from the Department of the United States Treasury at the last address provided 11 by them to the governmental agency or entity to whom the offset payment is made; (c) if 12 they believe the payment may be subject to an offset, they may contact the Treasury 13 Department at 1-800-304-3107; (d) the terms of this Stipulation do not affect the tax 14 obligations fines, penalties, or any other monetary obligations owed to the United States or 15 an individual state; and (e) the exact sum delivered to Lisa Rasmussen, on his behalf, may 16 well be a lesser sum, if the Treasury Offset Program reduces the amount in satisfaction of a 17 debt obligation. 18 4. Mr. Montoya knowingly and voluntarily understands and agrees the $60,141 19 with interest may be offset by any debt owed to the United States, any agency of the United 20 States, or any debt in which the United States is authorized to collect. 21 5. Mr. Montoya knowingly and voluntarily understands and agrees that after the 22 United States District Court has signed the Stipulation concerning the $60,141 with interest, 23 within a practicable time thereafter for the United States, the United States agrees to release 24 to Mr. Montoya one payment of $60,141 with interest less any debt owed to the United 25 States, any agency of the United States, or any debt in which the United States is authorized 26 to collect, through Lisa A. Rasmussen’s IOLTA account. 27 6. Mr. Montoya and the government knowingly and voluntarily understand and 28 agree (1) each party will bear its own attorneys’ fees, costs, and expenses; (2) dismissing this 1 case is not a considered as substantially prevailing under 28 U.S.C. § 2465(b)(1); and (3) 2 reasonable cause existed for the seizure and arrest of the $60,141. Instead, Mr. Montoya and 3 the government knowingly and voluntarily understand and agree this case is dismissed for 4 other reasons. 5 7. Mr. Montoya knowingly and voluntarily understands and agrees to waive his 6 rights to pursue this civil forfeiture case with district court judge or jury. 7 8. Mr. Montoya knowingly and voluntarily understands and agrees to waive service 8 of process but will receive service of process of any filed document through CM/ECF as 9 long as his counsel remains on this case. 10 9. Mr. Montoya knowingly and voluntarily understands and agrees to waive any 11 further notice to him, his agents, or his attorneys regarding the $60,141 with interest. 12 10. Mr. Montoya knowingly and voluntarily understands and agrees not to file any 13 other documents in this case or any other case or proceeding concerning the $60,141 with 14 interest. 15 11. Mr. Montoya knowingly and voluntarily understands and agrees to withdraw his 16 verified claim filed in this case concerning the $60,141 when this Court grants this 17 Stipulation. 18 12. Mr. Montoya knowingly and voluntarily understands and agrees to waive all 19 constitutional, statutory, legal, equitable rights, defenses, and claims including, but not 20 limited to, seizing the $60,141 in any proceedings under the United States Constitution, 21 Fourth Amendment. 22 13. Mr. Montoya knowingly and voluntarily understands and agrees to waive the 23 statute of limitations; the CAFRA requirements; the Supplemental Rules for Admiralty or 24 Maritime Claims and Asset Forfeiture Actions, Federal Rule of Civil Procedure, (Supp. R.) 25 A, G; other Federal Rules of Civil Procedure that are not inconsistent with the Supp. 26 Rules;2 including, but not limited to, the seizing of, and bringing the civil forfeiture in rem 27 action against, the $60,141; service of process; the filing of a verified complaint; the filing of 28 1 a verified claim that provided Mr. Montoya’s identity and relationship to the $60,141 under 2 penalty of perjury; the Special Interrogatories; this Court holding hearings, a bench trial or 3 jury trial; this Court making factual findings; and any and all constitutional, statutory, legal, 4 equitable rights, defenses, and claims regarding seizing, and bringing the civil forfeiture in 5 rem action against, the $60,141 in any proceedings, including, but not limited to, double 6 jeopardy and due process under the United States Constitution, Fifth Amendment. 7 14. Mr. Montoya knowingly and voluntarily understands and agrees to waive any 8 and all constitutional, statutory, legal, equitable rights, defenses, and claims regarding 9 seizing, and bringing the civil forfeiture in rem action against, the $60,141 in any 10 proceedings, including, but not limited to, a jury trial under the United States Constitution, 11 Sixth Amendment. 12 15. Mr. Montoya knowingly and voluntarily understands and agrees to waive any 13 and all constitutional, statutory, legal, equitable rights, defenses, and claims regarding the 14 seizing of, and bringing the civil forfeiture in rem action against, the $60,141 in any 15 proceedings, including, but not limited to, excessive fines and cruel and unusual 16 punishments under the United States Constitution, Eighth Amendment. 17 16. Mr. Montoya knowingly and voluntarily understands and agrees to the 18 conditions in this Stipulation. 19 17. Mr. Montoya knowingly and voluntarily understands and agrees to waive any 20 rights to appeal this case. 21 18. Mr. Montoya knowingly and voluntarily understands and agrees to hold 22 harmless the United States, the United States Department of Justice, the United States 23 Attorney’s Office for the District of Nevada, the Drug Enforcement Administration, the 24 Washoe County Sheriff’s Office, Washoe County, their agencies, their agents, and their 25 employees from any claim made by him or any third party arising from the facts and 26 circumstances of this case regarding the $60,141. 27 19. Mr. Montoya knowingly and voluntarily understands and agrees to release and 28 forever discharge the United States, the United States Department of Justice, the United 1 States Attorney’s Office for the District of Nevada, the Drug Enforcement Administration, 2 the Washoe County Sheriff’s Office, Washoe County, their agencies, their agents, and their 3 employees from any and all claims, rights, or causes of action of any kind that Mr. Montoya 4 now has or may hereafter have on account of, or in any way growing out of the $60,141. 5 20. This Stipulation contains the entire agreement between the parties. 6 21. Except as expressly stated in this Stipulation, no party, entity, officer, agent, 7 employee, representative, or attorney has made any statement or representation to any other 8 party, person, or entity regarding any fact relied upon in entering into this Stipulation, and 9 no party, entity, officer, agent, employee, representative, or attorney relies on such 10 statement or representation in executing this Stipulation. 11 22. Each party acknowledges and warrants that its execution of this Stipulation is 12 free and is voluntary. 13 23. The persons and entities signing this Stipulation warrant and represent that they 14 have full authority to execute this Stipulation and to bind the entity and person on whose 15 behalf they are signing to the terms of this Stipulation. 16 24. This Stipulation shall be construed and interpreted according to federal forfeiture 17 law and federal common law. The jurisdiction and the venue for any dispute related to, 18 and/or arising from, this Stipulation is the unofficial Northern Division of the United States 19 District Court for the District of Nevada, located in Reno, Nevada. 20 25. Each party shall bear his own attorneys’ fees, expenses, and costs. The 21 discretionary dismissal and termination of this forfeiture case shall not be a basis for an 22 award of attorneys’ fees, expenses, and costs. 23 26. This Stipulation shall not be construed more strictly against one party than 24 against the other merely by virtue of the fact that it may have been prepared primarily by 25 counsel for one of the parties; it being recognized that both parties have contributed 26 substantially and materially to the preparation of this Stipulation. 27 / / / 28 / / / 1 27. The parties agree lmowingly and voluntarily they may sign this Stipulation in on 2 || or more counterparts in electronic or facsimile copies of the Stipulation that will be 3 considered as a legal original and the signatures will be legal and binding. 4 IT IS HEREBY CERTIFIED, pursuant to 28 U.S.C. § 2465(a)(2), that there was 5 ||reasonable and probable cause for the seizing of, and bringing the civil forfeiture in rem 6 || action against, the $60,141. .
7 || Dated: /s/ nay 15, 2025 Dated: ] Ij
17 ORDER It is ordered that the parties’ Stipulation between Jon Aaron Montoya, 19 Claimant, and the United States of America, to dismiss this case with prejudice is granted. The Clerk of Court is directed to close this case. 20 we Vorsted om Woserd 1d 22 Anne R. Traum 23 |, United States District Judge 24 DATED: May 16, 2025 25 26 27 28