Filed: Aug. 08, 2014
Latest Update: Aug. 08, 2014
Summary: DEFAULT JUDGMENT RAYMOND P. MOORE, District Judge. THIS MATTER is before the Court on the United States' Amended Motion for Default Judgment ("Amended Motion") (ECF No. 46) as to defendant W.W. Investment Group, LLC ("WWI) on the United States' Second Amended Complaint (ECF No. 45). In this case, the Complaint was served upon defendant WWI on June 26, 2013. (ECF No. 8.) The Clerk of Court filed an Entry of Default on August 2, 2013. (ECF No. 11.) On November 8, 2013 and August 4, 2014, the Uni
Summary: DEFAULT JUDGMENT RAYMOND P. MOORE, District Judge. THIS MATTER is before the Court on the United States' Amended Motion for Default Judgment ("Amended Motion") (ECF No. 46) as to defendant W.W. Investment Group, LLC ("WWI) on the United States' Second Amended Complaint (ECF No. 45). In this case, the Complaint was served upon defendant WWI on June 26, 2013. (ECF No. 8.) The Clerk of Court filed an Entry of Default on August 2, 2013. (ECF No. 11.) On November 8, 2013 and August 4, 2014, the Unit..
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DEFAULT JUDGMENT
RAYMOND P. MOORE, District Judge.
THIS MATTER is before the Court on the United States' Amended Motion for Default Judgment ("Amended Motion") (ECF No. 46) as to defendant W.W. Investment Group, LLC ("WWI) on the United States' Second Amended Complaint (ECF No. 45). In this case, the Complaint was served upon defendant WWI on June 26, 2013. (ECF No. 8.) The Clerk of Court filed an Entry of Default on August 2, 2013. (ECF No. 11.) On November 8, 2013 and August 4, 2014, the United States filed an Amended Complaint and Second Amended Complaint, respectively, but did not assert a new claim or alter the relief sought in the Complaint against WWI.1
The United States' Amended Motion seeks a default judgment against defendant WWI, as Trustee of Old Times Holding Trust and Trustee of High Mountain Holding Trust (collectively, "Trusts"), that such Trusts: (1) are nominees and alter egos of defendant David W. Goldston; and (2) hold (or held) title to certain property, known as Lot 2 and Lot 3, as nominees and alter egos of defendant David W. Goldston. In support of its Amended Motion, the United States relied on its allegations and documentary evidence submitted for the Court's consideration. The Amended Motion is unopposed by the Goldston defendants, also trustees of the Trusts.
WWI, being an entity, is not a minor, incompetent person or in the military service.
Upon consideration of the Amended Motion, the relevant portions of the Court's file, the representation of the parties during the status conference of July 31, 2014, the applicable statutes, rules and case law, and being otherwise fully advised, it is
ORDERED that the Amended Motion for Default Judgment (ECF No. 46) is GRANTED; and it is
FURTHER ORDERED that DEFAULT JUDGMENT IS HEREBY ENTERED in favor of the United States of America and against W.W. Investment Group, LLC, as Trustee of Old Times Holding Trust and Trustee of High Mountain Holding Trust; and it is
FURTHER ORDERED, ADJUDGED and DECREED that Old Times Holding Trust and High Mountain Holding Trust are nominees and alter egos of David W. Goldston and merely hold (or held) title to Lot 2 and Lot 3 that are the subject of this action2 as nominees and alter egos of David W. Goldston; and it is
FURTHER ORDERED that the United States shall serve a copy of this Default Judgment on the Senneker Defendants; and it is
FURTHER ORDERED that the United States' Motion for Default Judgment (ECF No. 37) is DENIED as moot.
