U.S. v. US CURRENCY $31,680.00, 3:11-cv-506-RJC-DSC. (2012)
Court: District Court, W.D. North Carolina
Number: infdco20120314a95
Visitors: 8
Filed: Mar. 12, 2012
Latest Update: Mar. 12, 2012
Summary: ORDER ROBERT J. CONRAD, Jr., District Judge. THIS MATTER comes before the Court sua sponte . Plaintiff filed its Complaint, (Doc. No. 1), on October 12, 2011 and served Defendant by publication from October 13, 2011 through November 11, 2011 pursuant to Rule G(4)(a)(iv)(C) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions. (Doc. No. 3). Pursuant to 21 U.S.C. 881, any person claiming a legal interest in the Defendant Property had until December 12, 201
Summary: ORDER ROBERT J. CONRAD, Jr., District Judge. THIS MATTER comes before the Court sua sponte . Plaintiff filed its Complaint, (Doc. No. 1), on October 12, 2011 and served Defendant by publication from October 13, 2011 through November 11, 2011 pursuant to Rule G(4)(a)(iv)(C) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions. (Doc. No. 3). Pursuant to 21 U.S.C. 881, any person claiming a legal interest in the Defendant Property had until December 12, 2011..
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ORDER
ROBERT J. CONRAD, Jr., District Judge.
THIS MATTER comes before the Court sua sponte. Plaintiff filed its Complaint, (Doc. No. 1), on October 12, 2011 and served Defendant by publication from October 13, 2011 through November 11, 2011 pursuant to Rule G(4)(a)(iv)(C) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions. (Doc. No. 3). Pursuant to 21 U.S.C. § 881, any person claiming a legal interest in the Defendant Property had until December 12, 2011 to file a verified claim and, pursuant to Federal Rule of Civil Procedure 12(a)(1)(A)(i), until January 3, 2012 file an Answer to Plaintiff's Complaint. The time has now expired and no one has filed a verified claim or an Answer. Plaintiff has not filed a motion for entry of default. See FED. R. CIV. P. 55(a); 18 U.S.C. § 983(a)(4)(A); Rule G(5) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions; (Doc. No. 3-1 at 2) ("The verified Claim and Answer must be filed with the Clerk of Court. . . or default and forfeiture will be ordered."). The Court orders Plaintiff to move for entry of default within 30 days of entry of this Order.
IT IS, THEREFORE, ORDERED that Plaintiff shall file a Motion for Entry of Default within 30 days. FAILURE TO FILE SUCH A MOTION WITHIN 30 DAYS WILL RESULT IN DISMISSAL OF THIS ACTION WITHOUT PREJUDICE.
Source: Leagle
