Filed: Dec. 17, 2018
Latest Update: Dec. 17, 2018
Summary: DEFAULT JUDGMENT AND FINAL ORDER OF FORFEITURE AS TO CERTAIN DEFENDANT ASSETS RAYMOND P. MOORE , District Judge . This matter is before the Court on the United States' Motion for Default and Final Order of Forfeiture (the "Motion") (ECF No. 141) as to defendants $6,491.47 Held in Wells Fargo Bank account #5562114016 and 2014 Ford F-150 Crew Cab, VIN 1FTFW1EF8EKF55558 (collectively, "Defendant Assets"), in which the United States seeks default judgment. Upon consideration of the Motion, the
Summary: DEFAULT JUDGMENT AND FINAL ORDER OF FORFEITURE AS TO CERTAIN DEFENDANT ASSETS RAYMOND P. MOORE , District Judge . This matter is before the Court on the United States' Motion for Default and Final Order of Forfeiture (the "Motion") (ECF No. 141) as to defendants $6,491.47 Held in Wells Fargo Bank account #5562114016 and 2014 Ford F-150 Crew Cab, VIN 1FTFW1EF8EKF55558 (collectively, "Defendant Assets"), in which the United States seeks default judgment. Upon consideration of the Motion, the c..
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DEFAULT JUDGMENT AND FINAL ORDER OF FORFEITURE AS TO CERTAIN DEFENDANT ASSETS
RAYMOND P. MOORE, District Judge.
This matter is before the Court on the United States' Motion for Default and Final Order of Forfeiture (the "Motion") (ECF No. 141) as to defendants $6,491.47 Held in Wells Fargo Bank account #5562114016 and 2014 Ford F-150 Crew Cab, VIN 1FTFW1EF8EKF55558 (collectively, "Defendant Assets"), in which the United States seeks default judgment. Upon consideration of the Motion, the court record, and the applicable statutes, rules, and case law, and being otherwise fully advised, the Court makes the following findings of fact and conclusions of law:
1. THAT the United States commenced this action in rem pursuant to 21 U.S.C. § 881 and 18 U.S.C. § 981;
2. THAT the Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1355;
3. THAT all known interested parties have been provided an opportunity to respond and that publication has been effected as required by Rule G(4) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions;
4. THAT after proper notice, no one has filed a Claim, Answer, or other responsive pleading as to Defendant Assets as required by Rule G(5) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions;
5. THAT the Clerk's Entry of Default as to Defendant Assets was entered on October 18, 2018;
6. THAT Defendant Assets are not minors, incompetent persons, or officers or agencies of the United States or the State of Colorado, and are not in the military;
7. THAT based upon the facts and verification set forth in the Amended Verified Complaint, it appears by a preponderance of the evidence that there was reasonable cause for the seizure of Defendant Assets, and a certificate of reasonable cause is granted pursuant to 28 U.S.C. § 2465. It further appears that there is cause to issue a forfeiture order under 21 U.S.C. § 881(a)(6) as to Defendant Assets and 18 U.S.C. § 981(a)(1)(A) as to defendant 2014 Ford F-150 Crew Cab, VIN 1FTFW1EF8EKF55558;
8. THAT the facts and verifications as set forth in the Amended Verified Complaint provide probable cause and an ample basis, by a preponderance of the evidence, for a final judgment and order of forfeiture as to Defendant Assets as to all claims asserted against them;
9. THAT Defendant Assets, and the claims against them, are distinct and separate from the other defendant assets in this case, and the claims against them; and that there is no just reason for delay of entry of a final judgment as to Defendant Assets; and
10. THAT the Clerk of the Court shall be directed to enter final judgment as to Defendant Assets;
NOW, THEREFORE, IT IS ORDERED, DECREED, AND ADJUDGED:
THAT the United States' Motion for Default and Final Order of Forfeiture (ECF No. 141) is GRANTED;
THAT default judgment and forfeiture of Defendant Assets, including all right, title, and interest, are hereby entered in favor of the United States pursuant to 21 U.S.C. § 881(a)(6), 18 U.S.C. § 981(a)(1)(A), and Fed. R. Civ. P. 55(b);
THAT the United States shall have full and legal title as to Defendant Assets and may dispose of said properties in accordance with law;
THAT there is good cause for a Final Order of Forfeiture against Defendant Assets as they, and the claims resolved against them, are distinct and separate from the other defendant assets in this case, and the claims against them; and there is no just reason for delay of entry of a final judgment as to Defendant Assets;
THAT the Clerk of the Court is directed to enter Final Judgment as to Defendant Assets pursuant to Rule 54(b) of the Federal Rules of Civil Procedure; and
THAT this Default Judgment and Final Order of Forfeiture as to Certain Defendant Assets shall serve as a Certificate of Reasonable Cause as to Defendant Assets under 28 U.S.C. § 2465.
