SETTLEMENT AGREEMENT

NATHANAEL COUSINS, Magistrate Judge.

The parties agree, subject to the Court's approval, to settle this action as follows:

1. Plaintiff is the United States. Defendant is $72,490. Claimant is Jose Soto-Delgado who is the only party to have filed a timely claim and answer in order to appear and defend defendant $72,490. The United States and claimant Soto-Delgado are referred to as the "Parties" in this document which is referred to as the Settlement Agreement" or "Agreement."

2. After full and open discussion, the Parties have agreed to resolve any and all claims asserted against defendant $72,490 to avoid continued and protracted litigation. The Parties also agree that this Agreement resolves any and all claims which have, or could have, been asserted against the United States and the Drug Enforcement Administration, including any of their past or present officials, employees, agents, attorneys, their successors and assigns involved in the seizure giving rise to this action. The Parties further agree that the resolution of their claims is based solely on the terms stated in this Settlement Agreement. It is expressly understood that this Agreement has been freely and voluntarily entered into by the Parties, and that there are no express or implied terms or conditions of settlement, whether oral or written, other than those set forth in this Agreement. This Agreement shall not be modified or supplemented except in writing signed by the Parties. The Parties have entered into this Agreement in lieu of prolonged litigation and District Court adjudication.

3. After full and open discussion, the Parties have agreed to resolve any and all claims asserted against defendant $72,490 to avoid continued and protracted litigation. The Parties also agree that this Agreement resolves any and all claims which have, or could have, been asserted against the United States and the Drug Enforcement Administration, including any of their past or present officials, employees, agents, attorneys, their successors and assigns involved in the seizure giving rise to this action. The Parties further agree that the resolution of their claims is based solely on the terms stated in this Settlement Agreement. It is expressly understood that this Agreement has been freely and voluntarily entered into by the Parties, and that there are no express or implied terms or conditions of settlement, whether oral or written, other than those set forth in this Agreement. This Agreement shall not be modified or supplemented except in writing signed by the Parties. The Parties have entered into this Agreement in lieu of prolonged litigation and District Court adjudication.

4. This Settlement Agreement is expressly understood by the Parties not to be an adjudication of the merits of any factual or legal issue involving claims which were brought. The Parties agree that $65,241 (90%) of defendant $72,490 will be forfeited to the United States. The Parties further agree that $7,249 (10%) of defendant $72,490 will be returned to claimant Jose Soto-Delgado with interest accrued, calculated pursuant to 28 U.S.C. § 1961, from the date on which the seizure occurred, on or about March 3, 2014. The $7,249 plus the accrued interest will be paid by wire transfer to the account designated by claimant Soto-Delgado on an ACH form, provided that claimant Soto-Delgado first provides both a properly filled out ACH form and a properly filled out W9 form to the undersigned Assistant United States Attorney. The Assistant United States Attorney will provide the appropriate forms.

5. Payment of the $7,249 to claimant Soto-Delgado shall be in full settlement and complete satisfaction of any and all claims which claimant, his heirs, representatives and assignees made or could have made in this case. Further, claimant Soto-Delgado releases and discharges the United States and the Drug Enforcement Administration, as well as their past and present officials, employees, agents, attorneys, successors and assigns, from any and all claims which have been made, or could have been made, in this case.

6. Claimant Soto-Delgado agrees to indemnify and hold harmless the United States and the Drug Enforcement Administration, as well as their past and present officials, employees, agents, attorneys, successors and assigns, for any and all claims pertaining to defendant $72,490, including but not limited to those arising out of the seizure of defendant $72,490, or the allegations in the civil complaint for forfeiture in this action.

7. Each party agrees to bear its or his own attorney's fees and costs related to this action.

8. The Parties agree that, should any dispute arise with respect to the implementation of this Settlement Agreement, no party shall seek to rescind the Agreement but can apply to the Court, if necessary, for enforcement of the Agreement. The Parties agree that the Court retains jurisdiction for the purpose of enforcing this Settlement Agreement. In any such enforcement proceeding, however, each Party agrees to bear its own attorney's fees and costs.

IT IS SO STIPULATED.

IT IS SO ORDERED.