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Snyder Computer Systems D/B/A Wildfire Motors (PDF) Case 3:11-cv-05913-BHS Document 94 Filed 12/24/13 Page 1 of 7 1 U.S. District Court Judge Benjamin H. Settle 2 3 4 5 6 7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT TACOMA 9 10 UNITED STATES OF AMERICA, No. C11-5913 BHS 11 12 Plaintiff, CONSENT JUDGMENT 13 v. 14 SIXTY-SIX (66) WILDFIRE MODEL WFB150-Q2 OFF-ROAD ALL-TERRAIN- 15 VEHICLES, et. al., 16 Defendants. 17 18 19 Plaintiff United States of America and Claimant Snyder Computer Systems, Inc., 20 d/b/a Wildfire Motors (“Wildfire”), by and through their respective counsel, hereby 21 respectfully move the Court for a Consent Judgment of Forfeiture pursuant to the terms and 22 conditions set forth below. 23 This is a civil action to forfeit the above-captioned defendant merchandise. Plaintiff, 24 United States of America, filed its first amended complaint for forfeiture on August 1, 2013, 25 seeking forfeiture pursuant to 19 U.S.C. § 1595a(c)(2) (Merchandise Introduced Contrary to 26 Law). The complaint alleges that Wildfire introduced the defendant merchandise into the 27 28 CONSENT JUDGMENT -- 1 UNITED STATES ATTORNEY U.S. v. Sixty-Six (66) Wildfire Model ATVs, et al. 1201 PACIFIC AVENUE, SUITE 700 TACOMA, WASHINGTON 98402 Case No. C11-5913-BHS (253) 428-3800 Case 3:11-cv-05913-BHS Document 94 Filed 12/24/13 Page 2 of 7 1 United States in violation of the Clean Air Act and the Environmental Protection Agency’s 2 (“EPA”) regulations. The defendant merchandise is comprised of the following: 3 a. Sixty-six (66) Wildfire Model WFB 150-Q2 off-road all-terrain vehicles; 4 b. Eighty-seven (87) WildfireWF3800D portable electric generators; 5 c. Fifty (50) Wildfire WF3800DE portable electric generators; 6 d. Fifty (50) Wildfire WF3800DEW portable electric generators; 7 e. Forty (40) Wildfire WF7000DEW portable electric generators; and 8 f. Sixty (60) Wildfire WF8500DEW portable electric generators; 9 (hereinafter “defendant ATVs” and “defendant generators” respectively, and “defendant 10 merchandise” collectively). 11 Wildfire filed a timely claim asserting an interest in the defendant merchandise. All 12 persons and entities believed to have an interest in the defendant merchandise were given 13 proper notice of the intended forfeiture. No other party asserted a claim to the defendant 14 merchandise and the time for doing so has passed. 15 Douglas D. Snyder, individually and on behalf of Wildfire, Snyder Computer 16 Systems, Snyder Technology, Inc., and any company or entity under his direction and/or 17 control, agrees to be bound by the terms of this Consent Judgment. Collectively, Mr. 18 Snyder and these companies shall be referred to in this Consent Judgment as the “Wildfire 19 Parties.” 20 ***** 21 WHEREAS, the Wildfire parties and the United States Environmental Protection 22 Agency will execute the attached Administrative Settlement Agreement concurrently with 23 entry of this Consent Judgment; and 24 WHEREAS, the Wildfire Parties and the United States hereby consent to the entry of 25 the following Consent Judgment with the understanding that this Consent Judgment is 26 designed to settle this dispute and does not constitute an admission by any party except as 27 explicitly provided for below; 28 IT IS HEREBY ORDERED, ADJUDGED and DECREED as follows: CONSENT JUDGMENT -- 2 UNITED STATES ATTORNEY U.S. v. Sixty-Six (66) Wildfire Model ATVs, et al. 1201 PACIFIC AVENUE, SUITE 700 TACOMA, WASHINGTON 98402 Case No. C11-5913-BHS (253) 428-3800 Case 3:11-cv-05913-BHS Document 94 Filed 12/24/13 Page 3 of 7 1 1. The Court has jurisdiction over this matter, the parties, the defendant 2 merchandise, and all proceeds therefrom pursuant to 28 U.S.C. § 1345 and § 1355, and 19 3 U.S.C. § 1595a. 4 2. The Court has venue pursuant to 28 U.S.C. § 1395(b). 5 3. The Wildfire Parties shall withdraw with prejudice any claim in this action and 6 in United States v. Thirty-six (36) 300CC on Road Scooters, et al., No. 11-130 (S.D. OH). 7 4. The Wildfire Parties shall abandon with prejudice any interest in and claims 8 related to the defendant merchandise and any other merchandise detained or seized by the 9 United States, or otherwise in the possession of the United States as of the date of this order. 10 The Wildfire Parties shall not contest or challenge in any way the administrative forfeiture of 11 such merchandise. 12 5. The United States shall release with prejudice any claim for reimbursement of 13 any storage fees associated with the merchandise referred to in Paragraphs 3 and 4. The 14 United States shall release any bonds kept for reimbursement for storage fees or held 15 pending resolution of any seizures or forfeitures. 16 6. The Wildfire Parties shall withdraw, and forever waive and relinquish with 17 prejudice, any claims against the United States for storage fees for the storage of 18 merchandise, including, but not limited to, generators, in the Wildfire Parties’ facilities, as 19 well as any claim for reimbursement of the costs of labor or equipment which the Wildfire 20 Parties supplied during the removal of such goods. 21 7. The Wildfire Parties shall release, forever discharge, and hold harmless (i) the 22 United States of America, (ii) its agencies and departments, and (iii) its current and former 23 representatives, officers, agents, attorneys, contractors, and employees, from any and all 24 actions, causes of action, suits, proceedings, debts, judgments, damages, claims or demands 25 whatsoever in law or equity which the Wildfire Parties, their heirs, successors or assignees 26 ever had, now have or may have, whether known or unknown, relating to or arising from 27 (1) the importation, attempted importation, manufacture, or sale of merchandise covered by 28 the Clean Air Act or CBP’s regulations, and (2) any regulatory or governmental action taken CONSENT JUDGMENT -- 3 UNITED STATES ATTORNEY U.S. v. Sixty-Six (66) Wildfire Model ATVs, et al. 1201 PACIFIC AVENUE, SUITE 700 TACOMA, WASHINGTON 98402 Case No. C11-5913-BHS (253) 428-3800 Case 3:11-cv-05913-BHS Document 94 Filed 12/24/13 Page 4 of 7 1 with respect to such merchandise, including, but not limited to the inspection, detention, 2 seizure, and/or forfeiture of the merchandise. 3 8. This Consent Judgment does not release the Wildfire Parties or any officers, 4 agents, or assigns of the Wildfire Parties, from any potential criminal liability. Nor does this 5 Consent Decree release or resolve any claim relating to any agency, including, but not 6 limited to, claims by the United States Department of Transportation and the Highway 7 Traffic Safety Administration. 8 9. This Consent Judgment represents a full settlement and satisfaction of all 9 ownership and possessory claims to merchandise covered by this Consent Judgment. By 10 entering into this Consent Judgment, the Wildfire Parties shall waive any right to litigate 11 further any interest in the merchandise, or any right to petition for remission or mitigation of 12 their forfeiture. 13 10. This Consent Judgment is not a permit, or a modification of any permit, under 14 any federal, State, or local laws or regulations. The Wildfire Parties are responsible for 15 achieving and maintaining complete compliance with all applicable federal, State, and local 16 laws, regulations, and permits; and the Wildfire Parties’ compliance with this Consent 17 Judgment shall be no defense to any action commenced pursuant to any such laws, 18 regulations, or permits. 19 11. The Wildfire Parties and the United States shall execute further documents to 20 the extent necessary to implement the terms of this Consent Judgment, including, but not 21 limited to, abandonment forms, and motions for final order of forfeiture with respect to the 22 actions identified in Paragraph 3. 23 12. Each party shall bear its own costs and attorney’s fees with respect to the 24 actions identified in Paragraph 3. 25 13. This Consent Judgment shall not be construed to create rights in, or grant any 26 cause of action to, any third party not covered by this Consent Judgment. 27 28 CONSENT JUDGMENT -- 4 UNITED STATES ATTORNEY U.S. v. Sixty-Six (66) Wildfire Model ATVs, et al. 1201 PACIFIC AVENUE, SUITE 700 TACOMA, WASHINGTON 98402 Case No. C11-5913-BHS (253) 428-3800 Case 3:11-cv-05913-BHS Document 94 Filed 12/24/13 Page 5 of 7 1 14. The Clerk of the Court is directed to serve a copy of this Consent Judgment on 2 each party of record and deliver three (3) certified copies to the United States Attorney’s 3 Office in Seattle, Washington. 4 15. The Court retains jurisdiction to issue such further orders as may be necessary 5 to the proper disposition of this Consent Judgment. 6 SO ORDERED. 7 DATED this 24th day of December, 2013. 8 9 10 ABENJAMIN H. SETTLE 11 United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CONSENT JUDGMENT -- 5 UNITED STATES ATTORNEY U.S. v. Sixty-Six (66) Wildfire Model ATVs, et al. 1201 PACIFIC AVENUE, SUITE 700 TACOMA, WASHINGTON 98402 Case No. C11-5913-BHS (253) 428-3800 Case 3:11-cv-05913-BHS Document 92 Filed 12/20/13 Page 6 of 8 Case 3:11-cv-05913-BHS Document 92 Filed 12/20/13 Page 7 of 8 /s/Steven W. Fogg (by David Carroll per telephone authority) Case 3:11-cv-05913-BHS Document 92-194-1 Filed 12/20/1312/24/13 Page 1 of 80 EXHIBIT 1: ADMINISTRATIVE SETTLEMENT AGREEMENT Case 3:11-cv-05913-BHS Document 92-194-1 Filed 12/20/1312/24/13 Page 2 of 80 Case 3:11-cv-05913-BHS Document 92-194-1 Filed 12/20/1312/24/13 Page 3 of 80 Case 3:11-cv-05913-BHS Document 92-194-1 Filed 12/20/1312/24/13 Page 4 of 80 Case 3:11-cv-05913-BHS Document 92-194-1 Filed 12/20/1312/24/13 Page 5 of 80 Case 3:11-cv-05913-BHS Document 92-194-1 Filed 12/20/1312/24/13 Page 6 of 80 Case 3:11-cv-05913-BHS Document 92-194-1 Filed 12/20/1312/24/13 Page 7 of 80 Case 3:11-cv-05913-BHS Document 92-194-1 Filed 12/20/1312/24/13 Page 8 of 80 Case 3:11-cv-05913-BHS Document 92-194-1 Filed 12/20/1312/24/13 Page 9 of 80 ATTACHMENT 1 Case:Case2:11-cv-00130-EAS-TPK 3:11-cv-05913-BHS Doc#:Document2 Filed: 92-194-102/11/11 Filed 12/20/1312/24/13Page: 1 of47 PagePAGEID#: 10 of 80 56 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION 2511 Ffl3 1 A 2: 1 UNITED STATES OF AMERICA, f Plaintiff, 2; el' vs.
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