United States of America v. $34,830.60 in US Currency et al

Filing 17

ORDER AND DEFAULT JUDGMENT plaintiff's 16 motion for default judgment; that the interest of Jean Claude Kasongo, and all others in defendants further described as: $34,830.60 in United States Currency; One Cadillac Escalade with VIN: 1GY FK66888R144806, and; $30,000.00 in United States Currency, are hereby forfeited to the United States of America, in accordance with 18 U.S.C. § 981 (a)(1)(A) and (C). IT IS FURTHER ORDERED that the defendants be disposed of according to law by the United States Marshals Service. Signed by Judge Frederick J Martone on 09/29/11. (ESL)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Plaintiff,
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vs.
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1. $34,830.60 in United States Currency; )
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2. One Cadillac Escalade with VIN:)
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1GYFK66888R144806;
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3. $30,000.00 in United States Currency, )
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Defendants.
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United States of America,

No. CV 11-00463-PHX-FJM
ORDER AND DEFAULT JUDGMENT

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We have before us plaintiff's motion for default judgment (doc. 16). We issued an

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order on March 31, 2011, pursuant to the stipulation of plaintiff and claimant Jean Claude

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Kasongo, allowing claimants an extension of time to file a claim and answer (doc. 10). We

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set April 15, 2011 as the deadline for filing a claim and May 6, 2011 as the deadline for filing

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an answer. Claimants did not file either document. The clerk entered default against

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defendants on July 15, 2011 for failure to appear or otherwise respond (doc. 15). Plaintiff

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now moves, pursuant to Rule 55(b), Fed. R. Civ. P., for default judgment.

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There is no just reason for delaying entering judgment against the defendant property,

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and we find that service of process has been duly made in accordance with law and that no

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parties, including Jean Claude Kasongo, have pled, answered or otherwise appeared in these

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proceedings. We further find from an examination of the record that the allegations of the

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verified Complaint are true.

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Accordingly, IT IS ORDERED GRANTING plaintiff's motion for default judgment
(doc. 16).

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IT IS FURTHER ORDERED that the interest of Jean Claude Kasongo, and all

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others in defendants further described as: $34,830.60 in United States Currency; One

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Cadillac Escalade with VIN: 1GYFK66888R144806, and; $30,000.00 in United States

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Currency, are hereby forfeited to the United States of America, in accordance with 18 U.S.C.

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§ 981(a)(1)(A) and (C).

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IT IS FURTHER ORDERED that the defendants be disposed of according to law
by the United States Marshals Service.
DATED this 29th day of September, 2011.

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(cc: USMS)

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